WORLD TRADE
ORGANIZATIONWT/REG127/1
3 October 2001
(01-4747)
Committee on Regional Trade Agreements Original:  English
AGREEMENT BETWEEN NEW ZEALAND AND SINGAPORE
ON A CLOSER ECONOMIC PARTNERSHIP
The following text reproduces the Agreement* between New Zealand and Singapore on a
Closer Economic Partnership.
_______________
AGREEMENT BETWEEN NEW ZEALAND AND SINGAPORE
ON A CLOSER ECONOMIC PARTNERSHIP
PREAMBLE
New Zealand  and Singapore  (“the Parties”),
Conscious  of their longstanding friendship and growing trade and investment relationship;
Conscious that open, transparent and competitive markets are the key drivers of economic
efficiency, innovation, wealth creation and consumer welfare;
Recognising the importance of ongoing liberalisation of trade in goods and services at the
multilateral level;
Aware of the growing importance of trade and investment for the economies of the Asia-
Pacific region;
Confirming  their rights, obligations and undertakings under the Marrakesh Agreement
Establishing the World Trade Organisation, and other multilateral, regional and bilateral agreementsand arrangements;
Confirming  their commitment to achieving the As ia-Pacific Economic Cooperation (APEC)
goals of free and open trade and investment;
Recognising  their commitment to securing trade liberalisation and an outward-looking
approach to trade and investment;
Confirming their shared commitment to trade faci litation through removing or reducing
technical, sanitary and phytosanitary barriers to the movement of goods between New Zealand andSingapore;
                                                     
* The Annexes and Protocols thereto have been submitted to the Secretariat for consultation by
interested Members (Office 3006). Their full text is available athttp://www.mti.gov.sg/public/economgmt/fta.cfm.WT/REG127/1
Page 2
Desiring  to encourage greater international alignment of standards and regulations;
Mindful that liberalised trade in goods and services will assist the expansion of trade and
investment flows, raise the standard of living, and create new employment opportunities in their
respective territories;
Recognising  their right to regulate, and to introduce new regulations on the supply of services
and on investment in order to meet national policy objectives;
Conscious  that a clearly established and secure framework of rules for trade in goods and
services and for investment will provide confidence to their businesses to take investment and
planning decisions, lead to a more effective use of resources, and increase capacity to contribute toeconomic development and prosperity through international exchanges and the promotion of closer
links with other economies, especially in the APEC region;
Recognising the need for good corporate governance and a predictable, transparent and
consistent business environment, so that businesses can conduct transactions freely, use resourcesefficiently and effectively and obtain rewards for innovation;
Have agreed as follows:
PART 1
Objectives and General Definitions
Article 1
Objectives
The objectives of New Zealand and Singapore in concluding this Agreement are:(a) to strengthen their bilateral relationship through the establishment of a closer
economic partnership;
(b) to liberalise bilateral trade in goods and services and to establish a framework
conducive to bilateral investments;
(c) to support the wider liberalisation process in APEC and in particular the efforts of all
APEC economies to meet the Bogor goals of free and open trade and investment by
2010 at the latest for industrialised economies and 2020 at the latest for developing
economies;
(d) to support the World Trade Organisation (WTO) in its efforts to create a predictable,
freer and more open global trading environment;
(e) to improve the efficiency and competitiveness of their goods and services sectors and
expand trade and investment between each other;
(f) to establish a framework of transparent rules to govern trade and investment between
them;  and
(g) to accord fair and equitable treatment and protection to bilateral investments.WT/REG127/1
Page 3
Article 2
General Definitions
For the purposes of this Agreement:(a) “days” means calendar days, including weekends and holidays;(b) “goods” and “products” shall be understood to have the same meaning, unless the
context otherwise requires.
PART 2
Competition
Article 3
Competition
1. The Parties recognise the strategic importance of creating and maintaining open and
competitive markets which maximise total welfare.  The Parties shall endeavour to implement theAPEC Principles to Enhance Competition and Regulatory Reform with a view to protecting the
competitive process rather than competitors and ensuring that the design of regulation recognises
options that minimise distortions to competition.
2. Each Party shall endeavour to ensure that under this Agreement impediments to trade and
investment shall be reduced or removed through:
(a) application of fair competition principles to economic activities, including private and
public business activities;
(b) application of competition and regulatory principles in a manner that does not
discriminate between or among economic entities in like circumstances;
(c) reduction of transaction and compliance costs for business;  and(d) promotion of effective regulatory coordination across borders.
3. The Parties agree that they shall effectively protect the competitive process across their
economies as follows:
(a) they shall endeavour to consult and cooperate in the development of any new
competition measures, whether these are specific or of general application;
(b) where there are regulatory authorities responsible for competition, they shall be
adequately resourced to carry out their functions, including effective non-
discriminatory enforcement;
(c) where there are regulatory authorities responsible for competition, they shall
endeavour to exchange information and explore the scope for further cooperation
between them, with particular emphasis on transactions or conduct in one that has
competition effects in the other’s market, or in both Parties’ markets.WT/REG127/1
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PART 3
Trade in Goods
Article 4
Tariffs
Each Party shall eliminate all tariffs on goods originating in the other Party as of the date of
entry into force of this Agreement.  All tariffs on goods originating in either Party shall remain free
after that date.
Article 5
Rules of Origin1
1. Goods exported from one Party to the other Party, or which entered the commerce of
Australia only for the purpose of unloading and reloading, shall be treated as goods originating in the
first Party if these goods are:
(a) wholly produced or obtained in that Party;or(b) partly manufactured in that Party, subject to the following conditions:
(i) the last process of manufacture of the goods was performed in the territory of
that Party;  and
either
(ii) the expenditure on one or more of the items set out below is not less than
40 per cent of the factory or works cost of such goods in their finished state:
(a) materials, including inner containers, that originate in one or both
Parties;  or
(b) costs referred to in paragraph 2 incurred in one or both Parties;  or
(c) partly on such materials, including inner containers, and partly on
costs referred to in paragraph 2 incurred in one or both Parties;
or
(iii) where the goods do not contain any other qualifying area content, the
expenditure on quality control checking and testing procedures is not less
than 50 per cent of the factory or works cost of the goods in their finished
state.
2. The costs referred in paragraph 1(b)(ii)(b) and (c) shall be the sum of costs of materials
(excluding customs, excise or other duties), in th e form in which they are received at the factory or
works, as well as labour and overheads.  It shall not include any profit or marketing cost elements of
the goods in their finished state.  The process of packaging by itself shall not confer origin.
                                                     
1 This Article shall be read in conjunction with the Explanatory Notes contained in Annex 1.WT/REG127/1
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3. Where a Party considers that, in relation to particular goods partly manufactured in its
territory, the application of paragraph 1(b)(ii) and (iii) is inappropriate, then that Party may request in
writing consultation with the other Party to determine a suitable proportion of the factory or works
cost or quality control checking and testing procedures  cost different from that provided in paragraph
1(b)(ii) and (iii).  The Parties shall consult promptly and may mutually determine for such goods aproportion of the factory or works cost or quality control checking and testing procedures cost
different from that provided in paragraph 1(b)(ii) and (iii).
4. Both Customs administrations shall require certification from the manufacturer for the
importation of a good into their respective territories for which an importer claims preferential
treatment.  For the importation of a good into Singapore, certification shall be required in a prescribed
form.
5. Verification of importers’ declarations:
(a) where an importing Party has reasonable grounds to believe that any importer of a
good from the exporting Party has failed to submit adequate, true and accurateparticulars relating to the claim for tariff preferences under Part 3, it may either deny
such preferential access, or request the exporting Party to verify the claim of tariff
preference made by the importer;
(b) where a request has been made to the exporting Party to verify a claim of tariff
preference made by the importer, the exporting Party shall endeavour to take allnecessary measures to confirm any such particulars declared in the clearance of those
goods by the importer;
(c) if such a verification is unsatisfactory or when the exporting Party is unable to
provide the verification, the importing Party may, upon informing the exporting Party
and with the knowledge of the importer concerned and with the consent of theexporter or supplier or manufacturer concerned, visit the exporter or supplier or
manufacturer concerned for the purpose of verifying the preference claim.  If no
consent is given by the exporter or supplier or manufacturer concerned, the importing
Party may disallow the tariff preference that may be available under this Part;
(d) if the verification provided by the exporting Party or carried out by the importing
Party with the exporter or supplier or manufacturer concerned:
(i) shows inadequate evidence of entitlement, the importing Party may disallow
the tariff preference that may be available under this Part;
or
(ii) substantiates the claim, the importing Party shall allow preferential entry.
6. During the biennial reviews of the operation of this Agreement provided for in Article 68, and
earlier if so agreed, the Parties undertake to review these rules of origin, including the requirements
necessary for goods to benefit from this Agreement, with a view to improving bilateral trade flows.WT/REG127/1
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Article 6
Non-Tariff Measures
1. Except as otherwise provided for in this Agreem ent, neither Party shall adopt or maintain any
prohibition or restriction on the importation of any good of the other Party or on the export or sale for
export of any good destined for the territory of the other Party.
2. The Parties agree that procedures, fees and formalities imposed in connection with import and
export shall be imposed in a manner consistent with their WTO obligations.
Article 7
Subsidies2
1. The Parties agree to prohibit export subsidies3 on all goods including agricultural products.
2. If either Party grants or maintains any subsidy which operates to increase exports of any
product from, or to reduce imports of any product into, its territory, it shall notify the other Party of
the extent and nature of the subsidisation, of the estimated effect of the subsidisation on the quantity
of the affected product or products imported into or exported from its territory and of the
circumstances making the subsidisation necessary.  In any case in which it is determined that seriousprejudice to the interests of the other Party is caused or threatened by any subsidisation, the Party
granting the subsidy shall, upon request, discuss with  the other Party the possibility of limiting the
subsidisation.  This paragraph shall be applied in conjunction with the relevant applicable provisions
of the General Agreement on Tariffs and Trade 1994 (GATT 1994) and the WTO Agreement on
Subsidies and Countervailing Measures (WTO SCM Agreement).
3. The Parties reaffirm their commitment to abide by the provisions of the WTO SCM
Agreement in respect of actionable subsidies.
4
4. Each Party shall seek to avoid causing adverse effects to the interests of the other Party in
terms of Article 5 of the WTO SCM Agreement.
Article 8
Safeguard Measures
Neither Party shall take safeguard measures5 against goods originating in the other Party from
the date of entry into force of this Agreement.
                                                     
2 For the purposes of this Agreement, a subsidy is as defined in Article 1.1 of the ATO Agreement on
Subsidies and Countervailing Measures.
3 "Export Subsidies" means subsidies as defined by Article 3 of the WTO Agreement on Subsidies and
Countervailing Measures with the additional provision that , for the purposes of this Agreement, that definition
extends also to all agricultural products.
4 “Actionable subsidies” are subsidies referred to as such in the relevant provisions of the WTO SCM
Agreement.
5 “Safeguard measures” means those measures falling within the ambit of the WTO Agreement on
Safeguards.WT/REG127/1
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Article 9
Anti-Dumping
1. Both Parties are Members of the WTO Agreement on Implementation of Article VI of the
GATT 1994 (WTO Anti-Dumping Agreement).  For the purposes of trade between the Parties, the
following changes are agreed in terms of impl ementation of the WTO Anti-Dumping Agreement in
order to bring greater discipline to anti-dumping investigations and to minimise the opportunities to
use anti-dumping in an arbitrary or protectionist manner:
(a) the de minimis dumping margin of 2 per cent expressed as a percentage of the export
price below which no anti-dumping duties can be imposed provided for in Article 5.8of the WTO Anti-Dumping Agreement is raised to 5 per cent;
(b) the new de minimis margin of 5 per cent established in sub-paragraph (a) is applied
not only in new cases but also in refund and review cases;
(c) the maximum volume of dumped imports from the exporting Party which shall
normally be regarded as negligible under Article 5.8 of the WTO Anti-DumpingAgreement is increased from 3 per cent to 5 per cent of imports of the like product in
the importing Party.  Existing cumulation provisions under Article 5.8 continue to
apply;
(d) the time frame to be used for determining the volume of dumped imports under the
preceding sub-paragraphs shall be representative of the imports of both dumped andnon-dumped goods for a reasonable period.  Such reasonable period shall normally be
at least 12 months;
(e) the period for review and/or termination of anti-dumping duties provided for in
Article 11.3 of the WTO Anti-Dumping Agreement is reduced from five years to
three years.
2. Notification procedures shall be as follows:
(a) immediately following the acceptance of a properly documented application from an
industry in one Party for the initiation of an anti-dumping investigation in respect of
goods from the other Party, the Party that has accepted the properly documented
application shall immediately inform the other Party;
(b) where a Party considers that in accordance with Article 5 of the WTO Anti-Dumping
Agreement there is sufficient evidence to justify the initiation of an anti-dumping
investigation, it shall give written notice to the other Party in accordance with Article
12.1 of that Agreement, and observe the requirements of Article 17.2 of that
Agreement concerning consultations.WT/REG127/1
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PART 4
Customs Procedures
Article 10
Scope
This Part shall apply to customs procedures required for clearance of goods traded between
the two Parties, in accordance with their national laws, rules and regulations.
Article 11
General Provisions
1. The Parties recognise that the objectives of this Agreement may be promoted by the
simplification of customs procedures for their bilateral trade.
2. Customs procedures of both Parties shall conform where possible with the standards and
recommended practices of the World Customs Organisation.
3. The Customs administrations of both Parties shall actively work together to develop mutually
beneficial solutions to minimise risks and to maximise opportunities for facilitating customs
clearances.  In this regard, the Customs administrations shall consider negotiating an arrangement on
detailed areas of future co-operation within 1 year from the date of entry into force of this Agreement.
4. The Customs administrations of both Parties shall periodically review customs procedures
with a view to their further simplification.
Article 12
Paperless Trading
With a view to implementing the APEC Blueprint for Action on Electronic Commerce, in
particular the Paperless Trading Initiative, the Customs administrations of both Parties shall have in
place by the date of entry into force of this Agreement an electronic environment that supports
electronic business applications between each Customs administration and its trading community.
Article 13
Risk Management
1. In order to facilitate the clearance of low risk transactions, the Parties agree that customs
compliance activities should be focused on high risk goods and travellers.  Accordingly, each Partyundertakes that compliance activities at the time of entry shall not normally exceed 10 per cent of total
customs transactions.
2. The Parties shall not use a threshold value of goods as a sole basis for the selection of goods
for customs inspection.WT/REG127/1
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PART 5
Services
Article 14
General Undertaking
The Parties undertake to expand trade in services on a mutually advantageous basis, under
conditions of transparency and progressive liberalisation through successive reviews, with the aim of
securing an overall balance of rights and obligations, while recognising the rights of both Parties to
regulate, and to introduce new regulations, giving due respect to national policy objectives includingwhere these reflect local circumstances.
Article 15
Scope
1. This Part shall apply to measures by Parties affecting trade in services.2. New services, including new financial services, shall be considered for possible incorporation
into this Agreement at future reviews held in a ccordance with Article 68, or at the request of either
Party immediately.  The supply of services which ar e not technically or technologically feasible when
this Agreement comes into force shall, when they become feasible, also be considered for possible
incorporation at future reviews or at the request of either Party immediately.
3. In financial services, notwithstanding any other provisions of this Agreement, a Party shall
not be prevented from taking measures for prudential reasons, including for the protection of
investors, depositors, policy holders or persons to whom a fiduciary duty is owed by a financial
service supplier or to ensure the integrity and stability of the financial system.  Where such measures
do not conform with the provisions of this Agreement, they shall not be used as a means of avoiding
that Party’s commitments or obligations hereunder.
4. Government procurement of services shall be governed by Part 8.
Article 16
Definitions
For the purposes of this Agreement:(a) “measure” means any measure by a Party, whether in the form of a law, regulation,
rule, procedure, decision, administrative action or any other form;
(b) “supply of a service” includes the production, distribution, marketing, sale and
delivery of a service;
(c) “measures by Parties affecting trade in services” include measures in respect of
(i) the purchase, payment or use of a service;
(ii) the access to and use of, in connection with the supply of a service, services
which are required by those Parties to be offered to the public generally;WT/REG127/1
Page 10
(iii) the presence, including commercial presence, of persons of a Party for the
supply of a service in the territory of the other Party;
(d) “commercial presence” means any type of business or professional establishment,
including through
(i) the constitution, acquisition or maintenance of a legal person;  or
(ii) the creation or maintenance of a branch or a representative office;  within the
territory of a Party for the purpose of supplying a service;
(e) “sector” of a service means,
(i) with reference to a specific commitment,  one or more, or all, subsectors of
that service, as specified in a Party’s schedule of commitments;
(ii) otherwise, the whole of that service sector, including all of its subsectors;
(f) “service supplier” means any person that supplies a service;6
(g) “service consumer” means any person that receives or uses a service;
(h) “service of the other Party” means a service which is supplied
(i) from or in the territory of the other Party, or in the case of maritime transport,
by a vessel registered under the laws of the other Party, or by a person of that
other Party which supplies the service through the operation of a vesseland/or its use in whole or in part;  or
(ii) in the case of the supply of a service through commercial presence or through
the presence of natural persons, by a service supplier of the other Party;
(i) “person” means either a natural person or a legal person;
(j) “natural person of the other Party” means a natural person who resides in the territory
of that other Party or elsewhere and who under the law of that other Party:
(i) is a national of that other Party;  or
(ii) has the right of permanent residence in that other Party, in the case of a Party
which accords substantially the same treatment to its permanent residents as
it does to its nationals in respect of measures affecting trade in services,provided that that Party is not obligated  to accord to such permanent residents
treatment more favourable than would be accorded by the other Party to such
permanent residents;
(k) “legal person” means any legal entity duly constituted or otherwise organised under
applicable law, whether for profit or otherwise, and whether privately-owned or
                                                     
6 Where the service is not supplied directly by a legal person but through other forms of commercial
presence such as a branch or a representative office, the service supplier (i.e. the legal person) shall, nonetheless,
through such presence be accorded the treatment provid ed for service suppliers under the Agreement. Such
treatment shall be extended to the presence through which the service is supplied and need not be extended toany other parts of the supplier located outside the territory where the service is supplied.WT/REG127/1
Page 11
governmentally-owned, including any corporation, trust, partnership, joint venture,
sole proprietorship or association;
(l) “monopoly supplier of a service” means any person, public or private, which in the
relevant market of the territory of a Party is authorised or established formally or in
effect by that Party as the sole supplier of that service;
(m) a “financial service supplier” means any natural or legal person of a Party wishing to
supply or supplying financial services but the term “financial service supplier” does
not include a public entity.  “Public entity” means:
(i) a government, central bank or a monetary authority of a Party or an entity
owned or controlled by a Party that is principally engaged in carrying out
governmental functions or activities for governmental purposes, not including
an entity principally engaged in supplying financial services on commercialterms;  or
(ii) a private entity, performing functions normally performed by a central bank
or monetary authority when exercising those functions;
(n) “trade in services” means the supply of a service:
(i) from the territory of one Party into the territory of the other Party (“cross
border mode”);
(ii) in the territory of one Party to the service consumer of the other Party
(“consumption abroad mode”);
(iii) by a service supplier of one Party, through commercial presence in the
territory of the other Party (“commercial presence mode”);
(iv) by a service supplier of one Party, through presence of natural persons of that
Party in the territory of the other Party (“presence of natural persons mode”);
(o) “measures by Parties” means measures taken by:
(i) central, regional or local governments and authorities;  and
(ii) non-governmental bodies in the exercise of powers delegated by central,
regional or local governments or authorities;
(p) “services” includes any service in any sector except services supplied in the exercise
of governmental authority;
(q) “a service supplied in the exercise of governmental authority” means any service
which is supplied neither on a commercial basis nor in competition with one or more
services suppliers;
(r) in the case of financial services, “services supplied in the exercise of governmental
authority” means the following:
(i) activities conducted by a central bank or monetary authority or by any other
public entity in pursuit of monetary or exchange rate policies;WT/REG127/1
Page 12
(ii) activities forming part of a statutory system of social security or public
retirement plans;  and
(iii) other activities conducted by a public entity for the account or with the
guarantee or using the financial resources of the Government.
If a Party allows any of the activities referred to in sub-paragraphs (ii) or (iii) of this
paragraph to be conducted by its financial service suppliers in competition with a
public entity or a financial service supplier, “services” shall include such activities;
(s) “new financial services” means a service of a financial nature, including services
related to existing and new products or the manner in which a product is delivered,
that is not supplied by any financial service supplier in the territory of one Party but is
supplied in the territory of the other Party.
Article 17
Market Access
1. With respect to market access through the modes of supply identified in Article 16(n), each
Party shall accord services and service suppliers of the other Party treatment no less favourable thanthat provided for under the terms, limitations and c onditions agreed and specified in its schedule of
commitments.
7
2. In sectors where market-access commitments are undertaken, the measures which a Party
shall not maintain or adopt either on the basis of a regional sub-division or on the basis of its entireterritory, unless otherwise specified in its schedule of commitments, are defined as:
(a) limitations on the number of service suppliers whether in the form of numerical
quotas, monopolies, exclusive service suppliers or the requirements of an economic
needs test;
(b) limitations on the total value of service transactions or assets in the form of numerical
quotas or the requirement of an economic needs test;
(c) limitations on the total number of service operations or on the total quantity of service
output expressed in terms of designated numerical units in the form of quotas or the
requirement of an economic needs test;
8
(d) limitations on the total number of natural persons that may be employed in a
particular service sector or that a service supplier may employ and who are necessaryfor, and directly related to, the supply of a specific service in the form of numerical
quotas or the requirement of an economic needs test;
(e) measures which restrict or require specific types of legal entity or joint venture
through which a service supplier may supply a service;  and
                                                     
7 If a Party undertakes a market-access commitment in relation to the supply of a service through the
mode of supply referred to in Article 16(n)(i) and if the cross-border movement of capital is an essential part of
the service itself, that Party is thereby committed to allow such movement of capital. If a Party undertakes a
market-access commitment in relation to the supply of a service through the mode of supply referred to inArticle 16(n)(iii), it is thereby committed to allow related transfers of capital into its territory.
8 Paragraph 2(c) does not cover measures of a Party which limit inputs for the supply of services.WT/REG127/1
Page 13
(f) limitations on the participation of foreign capital in terms of maximum percentage
limit on foreign shareholding or the total value of individual or aggregate foreign
investment.
Article 18
National Treatment
1. In the sectors in its schedule of commitments, and subject to any conditions and qualifications
set out therein, each Party shall accord to services and service suppliers of the other Party, in respect
of all measures affecting the supply of services, treatment no less favourable than that it accords to its
own like services and service suppliers.
2. A Party may meet the requirement in paragraph 1 by according to services and service
suppliers of the other Party either formally identical treatment or formally different treatment to that it
accords to its own like services and service suppliers.
3. Formally identical or formally different treatm ent shall be considered to be less favourable if
it modifies the conditions of competition in favour of services or service suppliers of one Party
compared to the like service or service suppliers of the other Party.
4. Specific commitments assumed under this Article shall not be construed to require either
Party to compensate for any inherent competitiv e disadvantages which result from the foreign
character of the relevant services or service suppliers.
Article 19
Additional Commitments
The Parties may negotiate commitments with resp ect to measures affecting trade in services
not subject to scheduling under Articles 17 and 18, including those regarding qualifications, standards
or licensing matters.  Such commitments shall be entered in a Party’s schedule of commitments.
Article 20
Specific Commitments
1. Each Party has set out an initial schedule of the specific commitments it undertakes in
accordance with the objective of liberalisation of trade in most services by the date of entry into force
of this Agreement.
2. Each Party’s schedule of commitments shall clearly specify:
(a) the sectors/subsectors in which commitments are undertaken;
(b) any terms, limitations and conditions on market access;
(c) any conditions and qualifications on national treatment;  and
(d) any additional commitments.
3. The schedules of commitments shall be annexed to this Agreement as Annex 2 and shall form
an integral part thereof.WT/REG127/1
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4. As part of the reviews of this Agreement provided for in Article 68, the Parties undertake to
review their schedules of commitments at least every two years, but earlier if so agreed, and
progressively to expand these initial commitments as well as expand market access and/or national
treatment between them in accordance with the APEC objective of free and open trade in services by
2010.  The first review shall include telecommunications, postal services, credit reporting services anddisaster insurance.
5. Trade in a particular number of services sectors and measures affecting trade in services may
not be fully liberalised by 1 January 2010 notwithstanding paragraph 4.  When it appears this shall be
the case, the Parties agree to meet no later than 1 January 2008 to identify a list of such services
sectors and measures.  This list shall be set out in  an exchange of letters between the Parties.  The
Parties shall consult on a mutually acceptable solution for these sectors and measures and suchconsultations shall continue for as long as it takes to achieve that solution.  The solution may include
agreement on a longer timeframe for liberalisation.  This provision shall continue to apply after
1 January 2010.
6. The reviews referred to in paragraph 4 shall also examine limitations on market access and/or
national treatment entered in the Parties’ schedule s of commitments in accordance with the objective
identified in that paragraph.
7. A Party may, upon reasonable notice of at le ast three months, propose a modification of a
commitment in its schedule of commitments by written notification to the other Party.  In proposingsuch a modification, the Party concerned shall also propose a means by which the overall level of
commitments undertaken by that Party under the Agreement shall be maintained.  On receiving such
written notification, the other Party may request consultations regarding the proposed modification
aimed at ensuring an overall balance of benefits under the Agreement is maintained, and if such
consultations fail to achieve a satisfactory solution, the matter shall be dealt with in accordance withPart 10.
Article 21
Domestic Regulation
1. In sectors where specific commitments are undertaken, each Party shall ensure that all
measures of general application affecting trade in services are administered in a reasonable, objective
and impartial manner.
2. The Parties shall jointly review the results of the negotiations on disciplines for certain
regulations, including qualification requirements and procedures, technical standards and licensingrequirements, pursuant to Article VI.4 of the General Agreement on Trade in Services (GATS) with a
view to their incorporation into this Agreement.  The Parties note that such disciplines aim to ensure
that such requirements are, inter alia:
(a) based on objective and transparent criteria, such as competence and the ability to
supply the service;
(b) not more burdensome than necessary to ensure the quality of the service;
(c) in the case of licensing procedures, not in themselves a restriction on the supply of
the service.
3. Until the incorporation of disciplines developed pursuant to paragraph 2, in sectors where a
Party has undertaken specific commitments, and subject to any terms, limitations, conditions orWT/REG127/1
Page 15
qualifications set out therein, a Party shall not apply licensing and qualification requirements and
technical standards that nullify or impair such specific commitments in a manner which:
(a) does not comply with the criteria outlined  in paragraphs 2(a), (b) or (c);  and
(b) could not reasonably have been expected of that Party at the time the specific
commitments in those sectors were made.
4. Whenever a domestic regulation is prepared, adopted and applied in accordance with
international standards applied by both Parties, it shall be rebuttably presumed to comply with the
provisions of this Article.
Article 22
Professional Qualifications and Registration
1. With a view to ensuring that measures relating to professional9 qualification and registration
requirements and procedures do not constitute unnecessary barriers to trade in services between them,
the Parties agree to have identified by the date of entry into force of this Agreement priority areas to
address with respect to the recognition of professional qualifications or registration.  In identifying
initial priority areas, the Parties agree to fo cus on sectors where specific commitments have been
undertaken, and subject to the terms, limitations, conditions, or qualifications set out therein.
Thereafter the Parties shall endeavour to consider sectors where no specific commitments have been
undertaken.
2. The Parties agree to facilitate the establishment of dialogue between experts in these priority
areas with a view to the achievement of early outcomes on recognition of professional qualifications
or registration in these areas.
3. Such recognition may be achieved through recognition of regulatory outcomes, recognition of
professional qualifications awarded by one Party as a means of complying with the regulatory
requirements of the other Party (whether accorded unilaterally or by mutual arrangement) or by other
recognition arrangements which might be agreed between the Parties.
4. The priority areas for further work on professional recognition requirements and the
recognition outcomes achieved on initial priorities shall be reviewed as part of the reviews of thisAgreement provided for in Article 68 and shall take place at least every two years.
                                                     
9 Illustrative list of professions:
Professions include, but not limited to:Lawyers, legal executives, conveyancers;  accountants, auditors, book keepers, tax agents;  architects;
landscape architects;  engineers;  doctors;  dentists, de ntal technicians;  veterinarians and veterinary nurses;
midwives, nurses, physiotherapists and paramedical personnel, including acupuncturists, chiropractors,homeopaths, medical laboratory scientists and technicians, nutritionists, optometrists and dispensing opticians,pharmacists, psychologists, occupational therapists, ra diographers, speech therapists;  information technology
designers, programmers, analysts and technicians;  statisticians,
 surveyors, geologists, geophysicists,
cartographers;  management consultants;  scientific and technical consultants and researchers;  educationalists,
at the following levels:  preschool, primary, secondary, tertiary, adult and other;  environmental services
consultants;  financial services consultants, actuaries and economists;  hospital and residential health facilitymanagers and consultants;  airline pilots.
Neither Party is precluded from raising any service supplier's occupation  under this Article.WT/REG127/1
Page 16
Article 23
Subsidies
1. Except as provided for in this Article, subs idies related to trade in services shall not be
covered under this Part.
2. The Parties shall review the issue of disciplines on subsidies related to trade in services in the
context of the reviews of this Agreement provided for in Article 68.  They shall pay particular
attention to any disciplines agreed under Article XV  of GATS with a view to their incorporation into
this Agreement.
3. The Parties shall consult on appropriate steps in regard to subsidies related to trade in services
where any subsidies issues arise in bilateral services trade under this Agreement.
Article 24
Monopolies
In sectors where specific commitments have b een made, each Party shall ensure that its
commitments relating to market access and national treatment pursuant to Articles 17 and 18 are not
adversely affected by the actions of a monopoly supplier of a service in its territory.
Article 25
Extension of Benefits
A service supplier of a non-Party that is a legal person constituted under the laws of a Party
shall be entitled to treatment granted under this Part  provided that it engages in substantive business
operations in the territory of one or both Parties.
PART 6
Investment
Article 26
Scope and Coverage
1. This Part shall apply to all investments in goods and services.2. Articles 28, 29 and 30 shall not apply to any measures affecting investments adopted or
maintained pursuant to Part 5 to the extent that they relate to the supply of any specific service
through commercial presence as defined in Article 16(n), whether or not they are covered by Annex 2.
Article 27
Definitions
For the purposes of this Agreement :
1. "Investments" include but are not limited to the following:WT/REG127/1
Page 17
(a) movable and immovable property and other property rights such as mortgages, liens
or pledges;
(b) shares, stocks, debentures, bank bills, deposits, securities, and similar interests in
companies or enterprises (whether incorporated or unincorporated);
(c) claims to money or to any performance under contract having an economic value;
(d) intellectual property rights and goodwill;
(e) business concessions conferred by law or under contract, including any concession to
search for, cultivate, extract or exploit natural resources;
(f) derivative instruments.
2. "Proceeds from investment" include but are not limited to the following:
(a) profits, capital gains, dividends, royalties, interest and other current income accruing
from an investment;
(b) the proceeds from the liquidation of an investment;
(c) loan payments in connection with an investment;
(d) royalties, license fees, payments in respect of technical assistance, service and
management fees;
(e) payments in connection with contracts involving the presence of an investor’s
property in the territory of the other Party and payment in connection with contracts
where remuneration depends substantially on the production, revenues or profits of an
enterprise;
(f) earnings of investors of a Party who work in connection with an investment in the
territory of the other Party.
3. "Investor" means:
(a) a natural person who resides in the territory of the other Party or elsewhere and who
under the law of that other Party:
(i) is a national of that other Party;  or
(ii) has the right of permanent residence in that other Party, in the case of a Party
which accords substantially the same treatment to its permanent residents as
it does to its nationals in respect of measures affecting investments, provided
that that Party is not obligated to accord to such permanent residents more
favourable treatment than would be accorded by the other Party to such
permanent residents;
or
(b) any company, firm, association or body, with or without legal personality, whether or
not incorporated, established or registered under the applicable laws in force in a
Party;WT/REG127/1
Page 18
making or having made an investment in the other Party's territory.
Article 28
Most Favoured Nation Status
Except as otherwise provided for in this Agr eement, each Party shall accord to investors and
investments of the other Party, in relation to the establishment, acquisition, expansion, management,
conduct, operation, liquidation, sale, transfer (or other disposition), protection and expropriation
(including any compensation) of investments, treatment  that is no less favourable than that it accords
in like situations to investors and investments from any other State or separate customs territory which
is not party to this Agreement.
Article 29
National Treatment
Except as otherwise provided for in this Agr eement, each Party shall accord to investors and
investments of the other Party in relation to the establishment, acquisition, expansion, management,
conduct, operation, liquidation, sale, transfer (or other disposition), protection and expropriation
(including any compensation) of investments, treatment  that is no less favourable than that it accords
in like situations to its own investors and investments.
Article 30
Standard of Treatment
Each Party shall accord to investors and invest ments of the other Party the better of the
treatment required by Articles 28 and 29.
Article 31
Repatriation and Convertibility
1. Each Party shall allow investors of the other Party, on a non-discriminatory basis, to transfer
and repatriate freely and without undue delay their investments and proceeds from investment.  Each
Party shall permit transfers to be made in a freely  usable currency at the market rate of exchange
prevailing on the date of transfer with respect to spot transactions in the currency to be transferred.
2. Notwithstanding paragraph 1, a Party may prevent a transfer through the equitable, non-
discriminatory and good faith application of its laws relating to:
(a) bankruptcy, insolvency or the protection of the rights of creditors;
(b) issuing, trading or dealing in securities;
(c) criminal or penal offences, and the recovery of proceeds of crime;
(d) reports of transfers of currency or other monetary instruments;  or
(e) ensuring the satisfaction of judgments in adjudicatory proceedings.WT/REG127/1
Page 19
Article 32
Limitations
1. Articles 28, 29 and 30 shall not apply to:
(a) any limitation that is listed by a Party in Annex 3;
(b) an amendment to a limitation covered by paragraph (a) to the extent that the
amendment does not decrease the conformity of the limitation with Articles 28, 29
and 30;
(c) any new limitation adopted by a Party, and incorporated into Annex 3, which does
not affect the overall level of commitments of that Party under this Part;  to the extentthat such limitations are inconsistent with those Articles.
2. As part of the reviews of this Agreement provided for in Article 68, the Parties undertake to
review at least every two years the status of the limitations set out in Annex 3 with a view to reducing
the limitations or removing them.
3. A Party may, at any time, either upon the request of the other Party or unilaterally, remove in
whole or in part limitations set out in Annex 3 by written notification to the other Party.
4. A Party may, at any time, incorporate a ne w limitation into Annex 3 in accordance with
paragraph 1(c) of this Article by written notification to the other Party.  On receiving such writtennotification, the other Party may request consultations regarding the limitation.  On receiving the
request for consultations, the Party incorporating the new limitation shall enter into consultations with
the other Party.
Article 33
Subrogation
1. In the event that either Party (or any agency, institution, statutory body or corporation
designated by it) as a result of an indemnity it has given in respect of an investment or any part
thereof makes payment to its own investors in respec t of any of their claims under this Part, the other
Party acknowledges that the former Party (or any agency, institution, statutory body or corporation
designated by it) is entitled by virtue of subrogation to exercise the rights and assert the claims of its
own investors.  The subrogated rights or claims shall not be greater than the original rights or claims
of such investors.
2. Any payment made by one Party (or any agency, institution, statutory body or corporation
designated by it) to its investors shall not affect  the right of such investors to make their claims
against the other Party in accordance with Article 34, in cases where the former Party elects not to
exercise its subrogated rights or claims.
Article 34
Investment Disputes
1. Any legal dispute between an investor of one Party and the other Party arising directly out of
an investment by that investor in the territory of th at other Party shall, as far as possible, be settled
amicably through negotiations between the investor and that other Party.WT/REG127/1
Page 20
2. If the dispute cannot be resolved as provided for in paragraph 1 within 6 months from the date
of request for negotiations then, unless the parties to  the dispute agree otherwise, it shall, upon the
request of either such party, be submitted to conciliation or arbitration by the International Centre for
Settlement of Investment Disputes established by the Convention on the Settlement of Investment
Disputes between the States and Nationals of Other States done at Washington on 18 March, 1965,provided that the other party does not withhold its consent under Article 25 of that Convention.
PART 7
Technical, Sanitary and Phytosanitary Regulations and Standards
Article 35
Scope
1. Consistent with the objectives set out in Article 1 and the provisions of this Part, and
reflecting the level of confidence that each Party has in the other Party’s regulatory outcomes and
conformity assessment systems, each Party shall implement the principles of mutual recognition,
unilateral recognition or harmonisation that provide th e most appropriate or cost-efficient approach to
the removal or reduction of technical, sanitary and phytosanitary barriers (hereinafter referred to as
“regulatory barriers”) to the movement of goods  between New Zealand and Singapore for products
and/or assessments of manufacturers of products specified in the Product Chapters of Annex 4 on
Technical, Sanitary and Phytosanitary Regulations and Standards.
2. “Mutual recognition” means that each Party, on the basis that it is accorded reciprocal
treatment by the other Party:
(a) accepts the mandatory requirements of the other Party as producing outcomes
equivalent to those produced by its own corresponding mandatory requirements i.e.
mutual recognition of equivalence of mandatory requirements;
(b) accepts the results of conformity assessment activities of the other Party to
demonstrate conformity of products and/or manufacturers with its mandatory
requirements when the conformity assessment activities are undertaken by conformityassessment bodies designated by the other Party in accordance with this Part i.e.
mutual recognition of conformity assessment;  or
(c) accepts the standards of the other Party as equivalent to its own corresponding
standards i.e. mutual recognition of equivalence of standards.
3. “Unilateral recognition” means that a Party on its own accord without requiring reciprocal
treatment from the other Party:
(a) accepts the mandatory requirements of the other Party as producing outcomes
equivalent to those produced by its own corresponding mandatory requirements;
(b) accepts the conformity assessment results of the other Party to demonstrate
conformity of products and/or manufacturers with its mandatory requirements;  or
(c) accepts the standards of the other Party as equivalent to its own corresponding
standards.  The Product Chapters may provide for unilateral recognition of products
and/or assessments of manufacturers of products which are in compliance with theWT/REG127/1
Page 21
exporting Party’s mandatory requirements and are intended by that Party for export
only and not for domestic supply or use.
4. “Harmonisation” means that each Party harmonises its standards and technical regulations
with relevant international standards where they exist.
Article 36
Definitions
All general terms concerning standards and conformity assessment used in this Part shall have
the meaning given in the definitions contained in the International Organisation for
Standardisation/International Electrotechnical Co mmission (ISO/IEC) Guide 2:1996 “General terms
and their definitions concerning standardisation and related activities” published by the ISO and IEC,
unless the context otherwise requires.  In addition, for the purpose of this Part and Annex 4, unless a
more specific meaning is given in a Product Chapter:
(a) "accept" means the use of the results of conformity assessment activities as a basis for
regulatory actions such as approvals, licences, registrations and post-market
assessments of conformity;
(b) “acceptance” has an equivalent meaning to “accept”;
(c) "certification body" means a body, including product or quality systems certification
bodies, that may be designated by one Party in accordance with this Part to conductcertification on compliance with the other Party's standards and/or specifications to
meet relevant mandatory requirements;
(d) “conformity assessment” means any activity concerned with determining directly or
indirectly that standards and/or specifications to meet relevant mandatory
requirements are fulfilled;
(e) "conformity assessment body" means a body that conducts conformity assessment
activities and includes test facilities and certification bodies;
(f) "designating authority” means a body as specified under this Part, established in the
territory of a Party with the necessary authority to designate, monitor, suspend or
withdraw designation of conformity assessment bodies within its jurisdiction, unless
the Parties agree otherwise to designate conformity assessment bodies within a non-
Party;
(g) "designation" means the authorisation by a designating authority of a conformity
assessment body to undertake specified conformity assessment activities;
(h) “designate” has an equivalent meaning to “designation”;
(i) "mandatory requirements" means the legislative, regulatory and administrative
requirements of either Party that are the subject of this Part;
(j) "regulatory authority" means an entity that exercises a legal right to control the
import, use or supply of products within a Party’s territory and may take enforcement
action to ensure that products marketed within its territory comply with that Party’s
mandatory requirements including assessments of manufacturers of products;WT/REG127/1
Page 22
(k) “Product Chapter” is a chapter of Annex 4 to this Agreement, which specifies the
implementation arrangements in respect of a specific product sector;
(l) “specifications” means detailed descriptions of requirements other than specified
standards;
(m) "stipulated requirements" means the criteria set out in a Product Chapter for the
designation of conformity assessment bodies;
(n) “supply” includes all forms of supply, whether or not for a consideration, and
includes but is not limited to:
(i) any transfer of the whole property in any product;
(ii) any transfer of possession of any produc t, whether or not under an agreement
for sale;
(iii) any transfer by way of a gift of a product made in the course or furtherance of
any business;
(iv) any transfer by way of a gift to an actual or potential customer of any
business of an industrial or commercial sample in a form not ordinarily
available for supply to the public;
(v) any transfer by way of barter and exchange;
(vi) any transfer by way of distribution, wholesale, retail, lease, hire or hire-
purchase;
(o) "test facility" means a facility, including independent laboratories, manufacturers’
own test facilities or government testing bodies, that may be designated by one
Party’s designating authority in accordance with this Part to undertake tests oncompliance with the other Party's standards and/or specifications to meet mandatory
requirements.
Article 37
Establishment of a Work Programme
1. In addition to the Product Chapter on electrical and electronic equipment, the Parties shall:
(a) identify and agree on other priority sectors within a period of 6 months from the date
of entry into force of this Agreement with a view to removing or reducing regulatory
barriers to the movement of goods between the Parties;
(b) decide which of the principles relating to mutual recognition, unilateral recognition
and harmonisation provides the most cost-efficient approach to the removal or
reduction of regulatory barriers in the agreed priority sectors;  and
(c) establish a work programme to implement the agreed principle.
2. The Parties shall adopt additional Product Chapters following the conclusion of the above
process.WT/REG127/1
Page 23
Article 38
Mechanisms for Joint Review
As part of the reviews of this Agreement prov ided for in Article 68, the Parties shall review,
at least every 2 years, the implementation of this Part for the purpose of:
(a) building confidence in the technical competence of each Party’s regulatory systems
and expediting the examination of differences in regulatory requirements and
outcomes between the Parties;
(b) facilitating the extension of this Part by inter alia:
(i) adding new Product Chapters;  and/or
(ii) increasing the scope of existing Product Chapters with the view to
establishing mutual recognition of equivalence of mandatory requirements in
the Product Chapters;  and
(c) resolving any questions or disputes relating to the implementation of this Part.  If the
Parties fail to achieve a mutually satisfacto ry solution, the matter may be resolved in
accordance with Part 10.
Article 39
Origin
For the avoidance of doubt, this Part applies to products and/or assessments of manufacturers
of products of the Parties as specified in the Product Chapters regardless of the origin of those
products.
Article 40
Mutual Recognition of Equivalence of Mandatory Requirements
Coverage1. This Article shall apply to products, and laws and regulations relating to products, as may be
covered in the Product Chapters.
Applicability2. Under this Article, mutual recognition shall affe ct certain laws relating to the products of the
Party where the products are intended for supply.  Such laws may, unless otherwise provided in theProduct Chapters, include:
(a) requirements relating to production, composition, quality or performance of a
product;
(b) requirements that a product satisfy certain standards relating to presentation such as
packaging, labelling, date or age stamping;  and
(c) requirements that products be inspected, passed or similarly dealt with.WT/REG127/1
Page 24
3. The laws and requirements of each Party, including but not limited to those that would
prevent or restrict or would have the effect of preventing or restricting the supply or use of a product,
and how they shall be affected by mutual recognition shall be specified in the relevant Product
Chapters.
4. The requirements covered in this Article are not intended to affect the operation of any laws
to the extent that these laws regulate:
(a) the manner of the supply of products or the manner in which the sellers conduct or
are required to conduct their business, so long as those laws apply equally to products
produced in or imported into the Parties.  These include:
(i) the contractual aspects of the supply of the products;
(ii) the registration of sellers;
(iii) the requirements for business franchise licences;
(iv) the persons to whom products may or may not be supplied;  and
(v) the circumstances in which the products may or may not be supplied;
(b) the transportation, storage or handling of products so long as those laws apply equally
to products produced in or imported under the laws of the Parties and so long as they
are directed at matters affecting, inter alia, human health or safety, animal or plant life
or health, or the environment;
or
(c) the inspection of products so long as such inspection is not a prerequisite to the
supply of products and the laws apply equally to products produced in or imported
under the laws of the Parties and so long as they are directed at matters affecting,
inter alia, human health or safety, animal or plant life or health, or the environment.
5. This Article shall not affect the operation of any laws or regulations prohibiting or restricting
the importation of products into one Party from the other Party.
Article 41
Mutual Recognition of Conformity Assessment
Coverage1. This Article shall apply to products and/or assessments of manufacturers of products, and
their mandatory requirements as may be specified in the Product Chapters.
General Obligations
2. Each Party recognises that the conformity assessment bodies designated by the other Party in
accordance with this Article are competent to undertake the conformity assessment activities
necessary to demonstrate compliance with its mandatory requirements.WT/REG127/1
Page 25
3. New Zealand shall accept the results of conformity assessment activities to demonstrate
conformity of products and/or manufacturers with its mandatory requirements when the conformity
assessment activities are undertaken by conformity assessment bodies designated by Singapore’s
designating authorities in accordance with this Article.
4. Singapore shall accept the results of conformity assessment activities to demonstrate
conformity of products and/or manufacturers with its mandatory requirements when the conformity
assessment activities are undertaken by conformity assessment bodies designated by New Zealand’s
designating authorities in accordance with this Article.
5. This Article shall not require mutual acceptance of the mandatory requirements of each Party,
or mutual recognition of the equivalence of such mandatory requirements.  The Parties shall, however,give consideration to increasing the degree of harmonisation or equivalence of their mandatory
requirements, where appropriate and where consistent with good regulatory practice.  Where both
Parties agree that the mandatory requirements are harmonised or established as equivalent, the results
of conformity assessment that demonstrate compliance with the exporting Party's mandatory
requirements shall be accepted as demonstrating compliance with the importing Party's mandatoryrequirements without the need for further conformity assessment by the importing Party to
demonstrate compliance with its own mandatory requirements.
6. Each Party shall, consistent with the relevant provisions of the WTO Agreement on Technical
Barriers to Trade and the WTO Agreement on the Application of Sanitary and PhytosanitaryMeasures, use international standards, or the relevant parts of international standards, as a basis for its
mandatory requirements where relevant internationa l standards exist or their completion is imminent,
except when such international standards or their relevant parts are ineffective or inappropriate.
Designating Authorities7. The Parties shall ensure that their designating authorities have the necessary authority to
designate, monitor, suspend, remove suspensi on and withdraw designation of the conformity
assessment bodies within their respective jurisdictions.
8. Designating authorities shall consult, as necessary, with their counterparts of the other Party
to ensure the maintenance of confidence in conformity assessment processes and procedures.  Thisconsultation may include joint participation in audits related to conformity assessment activities or
other assessments of designated conformity assessment bodies, where such participation is
appropriate, technically possible and within reasonable cost.
Designation of Conformity Assessment Bodies9. In designating conformity assessment bodies, designating authorities shall observe the
relevant stipulated requirements.
10. Designating authorities shall specify the scope of the conformity assessment activities for
which a conformity assessment body has been designated.
11. Each Party shall give the other Party advance notice of at least 7 days, or such other time
period as may be specified in the relevant Product Chapter, of any changes, including suspensions, to
their list of designated conformity assessment bodies.
12. The results of conformity assessment activities undertaken by a designated conformity
assessment body shall be valid for acceptance for the purposes of paragraphs 3 and 4 of this Article
from the date its designation takes effect.WT/REG127/1
Page 26
13. Designating authorities shall ensure that the conformity assessment bodies that they designate
maintain the necessary technical competence to de monstrate the conformity of a product with the
standards and/or specifications to meet mandatory requirements.  Conformity assessment bodies of a
non-Party shall be acceptable for designation by the Parties where there are no conformity assessment
bodies designated in the territory of a Party and the other Party agrees to such designation.
14. Designating authorities shall exchange information concerning the procedures used to ensure
that the designated conformity assessment bodies  are technically competent and comply with the
relevant stipulated requirements.
15. Designating authorities shall ensure that the conformity assessment bodies they designate
participate in appropriate proficiency-testing programmes and other comparative reviews such as nongovernment-to-government mutual recognition agre ements, so that confidence in their technical
competence to undertake the required conformity assessment is maintained.
Suspension and Withdrawal of Conformity Assessment Bodies
16. Each Party shall have the right to challenge a designated conformity assessment body’s
technical competence and compliance with the releva nt stipulated requirements.  This right shall be
exercised only in exceptional circumstances and where supported by relevant expert analysis or
evidence.  A Party shall exercise this right by noti fying the other Party in writing.  Such notification
shall be accompanied by the supporting expert analysis or evidence.
17. Except in urgent circumstances, the Parties shall, prior to a challenge under paragraph 16,
enter into consultations with a view to seekin g a mutually satisfactory solution.  In urgent
circumstances, consultations shall take place immediately after the right of challenge has been
exercised.
18. The consultations referred to in paragraph 17 shall be conducted expeditiously with a view to
resolving all issues and seeking a mutually satisfact ory solution within the time period specified in the
relevant Product Chapter.  If this is not achieved, the matter shall be resolved in accordance with the
provisions of Part 10.
19. The Product Chapters may provide for additional procedures, such as verification and time
limits, to be followed in relation to a challenge.
20. Unless the Parties decide otherwise, the designation of the challenged designated conformity
assessment body shall be suspended by the relevant designating authority for the relevant scope of
designation from the time its technical competence or compliance is challenged, until either:
(a) the challenging Party is satisfied as to the competence and compliance of the
conformity assessment body;  or
(b) the designation of that conformity assessment body has been withdrawn.
21. The results of conformity assessment activities undertaken by a designated conformity
assessment body on or before the date of its suspension or withdrawal shall remain valid for
acceptance for the purposes of paragraphs 3 and 4 unless otherwise agreed by the Parties.
22. Designating authorities shall compare methods used to verify that the designated conformity
assessment bodies comply with the relevant stipulated requirements.WT/REG127/1
Page 27
Article 42
Mutual Recognition of Equivalence of Standards
Where regulatory compliance is required and where there is equivalence of outcomes, each
Party shall accept the standards of the other Party as equivalent to its own corresponding standards.
Article 43
Exchange of Information
1. The Parties shall exchange information concerning their mandatory requirements and
conformity assessment procedures.
2. Each Party shall inform the other Party of any proposed changes to its mandatory
requirements.  Except where considerations of health, safety or environmental protection warrant
more urgent action, each Party shall notify the other Party of the changes within the time period setout in the relevant Product Chapters or, if no time period is specified, at least 60 days before the
changes enter into force.
3. The Parties may agree on the provision of other information for a specific sector in the
Product Chapters.
Article 44
Preservation of Regulatory Authority
1. Each Party retains all authority under its laws to interpret and implement its mandatory
requirements.
2. This Part shall not limit the authority of a Party to determine the level of protection it
considers necessary for the protection of inter alia human health or safety, animal or plant life or
health, or the environment.
3. This Part shall not limit the authority of a Party to take all appropriate measures whenever it
ascertains that products may not conform with its mandatory requirements.  Such measures may
include withdrawing the products from the market, prohibiting their placement on the market,
restricting their free movement, initiating a product recall, initiating legal proceedings or otherwise
preventing the recurrence of such problems, including through a prohibition on imports.  If a Partytakes such measures, it shall notify the other Party within 15 days of taking the measures, giving its
reasons.
Article 45
Confidentiality
1. A Party shall not be required to disclose confidential proprietary information to the other
Party except where such disclosure would be necessary for the other Party to demonstrate the
technical competence of its designated conformity assessment bodies and conformity with therelevant stipulated requirements.
2. A Party shall, in accordance with its applicable laws, protect the confidentiality of any
proprietary information disclosed to it in connection with conformity assessment activities and/or
designation procedures.WT/REG127/1
Page 28
PART 8
Government Procurement
Article 46
Establishment of a Single Market
1. The Parties agree to establish a single New Zealand/Singapore government procurement
market, in order to maximise competitive opportunities for New Zealand/Singapore suppliers, and
reduce costs of doing business for both government and industry.
2. This shall be achieved by the Parties:
(a) committing to implement the APEC Non-Binding Principles on Government
Procurement relating to transparency, value for money, open and effective
competition, fair dealing, accountability and due process, and non-discrimination;
(b) ensuring the opportunity exists for their suppliers to compete on an equal and
transparent basis for government contracts;
(c) ensuring the non-application against their suppliers of preferential schemes and other
forms of discrimination based on the place of origin of goods and services unless
such schemes or forms of discrimination fall within Article 81;
(d) providing a mechanism for cooperation to  work towards achieving the greatest
possible consistency in contractual, technical and performance standards and
specifications, and simplicity and consistency in the application of procurement
policies, practices and procedures.
Article 47
Scope and Coverage
1. This Part applies to government procurement valued at above Special Drawing Rights (SDR)
50,000.  The Parties shall consult and agree on a common basis for expressing this value threshold in
their respective national currency equivalents as at th e date of entry into force of this Agreement, and
as at the date of reviews of the operation of this Agreement held in accordance with Article 68.
2. Government procurement of services is subject to a Party’s schedule of commitments in
Annex 2 and the terms, limitations, conditions or qualifications set out therein.10
3. Where government bodies require enterprises not covered under this Part to award contractsin accordance with particular requirements, Article 49 shall apply mutatis mutandis to such
requirements.
                                                     
10 At the request of New Zealand, Singapore confirms that there shall be no discrimination in terms of
government procurement of services in favour of corporate entities where the Singapore Government is themajority shareholder or has a special share as defined in Annex 2.WT/REG127/1
Page 29
Article 48
Definitions
For the purposes of this Part:(a) “designated bodies” means bodies designated in each of the Parties to investigate
complaints about non-compliance with this Part;  they may include an agency or
office responsible to a Party, or a position located within such agency or office.  The
designated body for Singapore is the Ministry of Finance and the designated body for
New Zealand is the Ministry of Economic Development;
(b) “goods and services” means but is not limited to goods alone, services alone or goods
and related services.  Computer software is defined as “goods” for this purpose.
“Related services”' means but is not limited to services provided in conjunction with
the supply of goods or construction activities (such as architectural design,
engineering, project design, project management and related consultancy services);
(c) “Ministers responsible for procurement” means Ministers with portfolio
responsibility for procurement policy where such direct responsibility exists.
Otherwise the definition shall mean Ministers with portfolio responsibility for this
Part;
(d) “procurement” means but is not limited to purchase, hire, lease, rental, exchange and
competitive tendering and contracting (outsourcing) arrangements;
(e) “government procurement” means procurement by government bodies, that is
departments and other bodies, including statutory authorities, which are controlled by
the Parties and excludes procurement by any body corporate or other legal entity that
has the power to contract, except where the Parties exercise their discretion to
determine that this Part shall apply.  In the case of regional or local governments orauthorities, and in the case of procurement of services by non-governmental bodies in
the exercise of powers delegated by central, regional or local governments or
authorities, the Parties shall use their best endeavours to encourage wider application
of this Part, consistent with good commercial practice, to procurement by all such
governments, authorities and bodies;
(f) “New Zealand/Singapore suppliers” means service suppliers (determined in
accordance with Part 5) or suppliers of goods wholly produced or obtained or partlymanufactured in New Zealand or Singapore.   Whether a good is wholly produced or
obtained or partly manufactured in New Zealand or Singapore shall be determined in
accordance with Article 5;
(g) “value for money” means the best available outcome for money spent in terms of the
procuring agency's needs.  The test of value for money requires relevant comparisonof the whole of life costs and benefits relating directly to the procurement.  “Whole of
life costs and benefits” include fitness for purpose and other considerations of quality,
performance, price, delivery, accessories and consumables, service support and
disposal.WT/REG127/1
Page 30
Article 49
General Principles
Except as provided otherwise in this Part, the Parties shall:(a) at all times conduct their procurement activities in accordance with the spirit and
intent of this Part;
(b) ensure that all government bodies within their territories comply with this Part;
(c) provide to services, goods and suppliers of the other Party equal opportunity and
treatment no less favourable than that acco rded to their own domestic services, goods
and suppliers;
(d) promote opportunities for their suppliers to compete for government business on the
basis of value for money and avoid purchasing practices which discriminate or are
otherwise biased against, or have the effect of denying equal access or opportunity to,
their services, goods and suppliers, while conforming with any commitments of the
Parties under international government procurement agreements;
(e) use value for money as the primary determinant in all procurement decisions;  and
(f) achieve maximum practicable simplicity and consistency in the application of
procurement policies, practices and procedures.
Article 50
Valuation of Contracts
1. The following provisions shall apply in dete rmining the value of contracts for purposes of
implementing this Part.
2. Valuation shall take into account all forms of remuneration, including any premiums, fees,
commissions and interest receivable.
3. The selection of a valuation method by a government body shall not be made, nor shall any
procurement requirement be divided, with the intent ion of avoiding the application of this Part.
4. In cases where an intended procurement specifies the need for option clauses, the basis for
valuation shall be the total value of the maximum permissible procurement, inclusive of optional
purchases.
Article 51
Rules of Origin
A Party shall not apply rules of origin to goods or services imported or supplied from the
other Party, for purposes of government procurement, which are different from the rules of origin
applied in the normal course of trade and at the time of the transaction in question to imports orsupplies of the same goods or services from that other Party.WT/REG127/1
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Article 52
Procurement Procedures
1. Each Party shall ensure that the procurement procedures, including tendering and supplier
invitation, registration of interest, prequalification, selection, negotiation and contract award
procedures, of its government bodies are applied in a manner consistent with this Part, the APEC
Non-Binding Principles on Go vernment Procurement, and good commercial practice.
2. In cases of procurement by open call for tender, invitations to tender shall be advertised in a
publicly accessible medium;  and in cases of procurement by selective invitation to tender, prior calls
to prequalify or register interest shall be advertised in a publicly accessible medium.
3. The Parties shall ensure that government bodies make readily available on request by New
Zealand/Singapore suppliers information on contract awards, including the name of the supplier, the
goods or services supplied and value of the contract award, unless the release of such information
would impede law enforcement or otherwise be contrary to the public interest or would prejudice thelegitimate commercial interests of particular enterprises, public or private, or might prejudice fair
competition between suppliers.
4. Government bodies shall, on request from an uns uccessful supplier which participated in the
relevant tender, promptly provide pertinent information concerning reasons for the rejection of itstender, unless the release of such information woul d impede law enforcement or otherwise be contrary
to the public interest or would prejudice the legitimate commercial interest of particular enterprises,
public or private, or might prejudice fair competition between suppliers.
5. Each Party shall also take appropriate steps to enhance transparency at all stages of their
procurement procedures, and endeavour to provide the information specified in paragraphs 2 and 3 for
all government bodies from a single point of access through a public medium, such as the Internet.
Article 53
Prohibition of Offsets
1. Government bodies shall not, in the qualification and selection of suppliers, goods and
services, or in the evaluation of tenders and award of contracts, impose, seek or consider offsets in
relation to government procurement from New Zealand or Singapore suppliers.
2. “Offsets in relation to government procurement” means measures used to encourage local
development or improve the balance of payments accounts by requiring domestic content, licensing of
technology, investment, counter-trade or similar requirements.
Article 54
Disputes between a Supplier and the Procuring Government Body
1. In the event of a complaint by a supplier that there has been a breach of this Part, each Party
shall encourage the supplier to seek resolution of its complaint in consultation with the procuring
government body.  In such instances the procuring government body shall accord timely and impartialconsideration to any such complaint.
2. Failing resolution through consultation between the supplier and the procuring government
body, the complainant should seek the assistance of the designated body of the Party in whoseWT/REG127/1
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territory the complainant is located.  A complaint made informally may be processed informally if this
is deemed appropriate by the designated body and the complainant.
3. Failing resolution, the designated body receiving the complaint shall formally raise it with the
designated body of the other Party for investigation of any alleged breach of this Part and for a reportby it in writing.  The Parties agree to provide de tails and documentation to permit a full investigation
of complaints.  Confidentiality of all information shall be maintained.
4. If the response is satisfactory to the designat ed body which received the original complaint,
then the complaint shall lapse.
5. If satisfactory resolution is not achieved, the designated body which received the original
complaint may then refer the matter to the Minister  responsible for procurement in the other Party for
further investigation and decision.
6. In the event that a complaint cannot be resolved through the steps set out above within 30
days after the designated body receiving the origin al complaint has formally raised it with the
designated body of the other Party, the provisions of Part 10 shall apply.  A Party shall be entitled by
subrogation to exercise the rights and assert the claims of its own supplier against the other Party.
The subrogated rights or claims shall not be greater th an the original rights or claims of that supplier.
Article 55
Exemptions
1. It is recognised by the Parties that, under certain circumstances, there may be a need for
exemption from some of the requirements of this Part for certain government bodies, for certainclasses of procurement, and for procurement undertaken in accordance with specific government
policies.
2. Exemptions from some of the requirements of this Part may be sought by either Party for
government bodies which meet the following criteria  subject to consultation and agreement with the
other Party:
(a) joint bodies with any other State or separate customs territory which is not party to
this Agreement;
(b) bodies funded primarily from specific special levies on particular industries, or by
community groups or from special grants or public donations.
It is not intended, however, that any government body shall be granted full exemption from
the requirements of this Part.  When considering a pplications for partial exemptions, the Parties shall
exercise their authority with due diligence in accordance with the objectives of this Part.
3. The following classes of procurement are ex empt from the application of this Part:
(a) internal procurement by a government from its own bodies where no other supplier
has been asked to tender.  If, however, tenders are called or invited, the provisions of
this Part shall apply whether or not a government body submits a tender;
(b) the procurement of proprietary items required to ensure machinery or equipment
integrity, but only as they may relate to biased specifications.  Where such items areavailable from a number of sources and/or tenders are called or invited, all provisions
of this Part apply other than as they relate to biased specifications;WT/REG127/1
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(c) the urgent procurement of goods and related services in the event of emergencies,
such as natural disasters, or to meet the urgent requirements of United Nations
peacekeeping or humanitarian operations;
(d) procurement of proprietary equipment of a work, health or safety nature specified in
industrial agreements but only as they may relate to biased specifications.  Wheresuch items are available from a number of sources and/or tenders are called or
invited, all provisions of this Part apply other than as they relate to biased
specifications;
(e) defence procurement of a strategic nature and other procurement where national
security is a consideration;
(f) procurement under development assistance programmes.
4. Either Party may seek to have additional classes of procurement exempted from this Part.
Such exemptions shall be permitted only with the agreement of the other Party.
Article 56
Administration and Review
1. The designated bodies shall report jointly to the Ministers responsible for procurement on the
implementation of this Part in preparation for the reviews provided for in Article 68.
2. A committee of senior officials responsible for government procurement policy of each Party
may meet as appropriate to discuss policy issues, technical or other cooperation, and the reviews
referred to in paragraph 1.
PART 9
Intellectual Property
Article 57
Intellectual Property
The Parties agree that the WTO Agreement on Trade-Related Aspects of Intellectual Property
Rights shall govern and apply to all intellectual property issues arising from this Agreement.
PART 10
Dispute Settlement
Article 58
Scope and Coverage
1. The rules and procedures of this Part shall apply with respect to the avoidance or settlement
of disputes between the Parties concerning their rights and obligations under this Agreement, but are
without prejudice to the rights of the Parties to have recourse to dispute settlement proceduresavailable under other agreements to which they are party.WT/REG127/1
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2. For the avoidance of doubt, the Parties agree that the provisions of this Agreement shall be
interpreted in accordance with the general principl es of international law and consistently with the
objectives set out in Article 1.
Article 59
Consultations
1. Each Party shall accord adequate opportunity for consultations regarding any representations
made by the other Party with respect to any ma tter affecting the implementation, interpretation or
application of this Agreement.  Any differences shall, as far as possible, be settled by consultationbetween the Parties.
2. Any Party which considers that any benefit accruing to it directly or indirectly under this
Agreement is being nullified or impaired, or that the attainment of any objective of this Agreement is
being impeded as a result of failure of the other Party to carry out its obligations under this Agreementor the existence of any other situation may, with a view to achieving satisfactory settlement of the
matter, make representations or proposals to the other Party, which shall give due consideration to the
representations or proposals made to it.
3. If a request for consultation is made, the Party to which the request is made shall reply to the
request within 7 days after the date of its receipt and shall enter into consultations within a period of
no more than 30 days after the date of receipt of the request, with a view to reaching a mutually
satisfactory solution.
4. The Parties shall make every effort to reach a mutually satisfactory resolution of any matter
through consultations.  To this end, the Parties shall:
(a) provide sufficient information to enable a full examination of how the measure might
affect the operation of the Agreement;
(b) treat any confidential or proprietary information exchanged in the course of
consultations on the same basis as the Party providing the information.
Article 60
Good Offices, Conciliation or Mediation
1. The Parties may at any time agree to good offices, conciliation or mediation.  They may begin
at any time and be terminated at any time.
2. If the Parties agree, procedures for good offices, conciliation or mediation may continue while
the dispute proceeds for resolution before an arbitral tribunal appointed under Article 61.
Article 61
Appointment of Arbitral Tribunals
1. If the consultations fail to settle a dispute within 60 days after the date of receipt of the
request for consultations, the Party which made the request for consultations may make a writtenrequest to the other Party to appoint an arbitral tribunal.  The request shall include a statement of the
claim and the grounds on which it is based.WT/REG127/1
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2. The arbitral tribunal shall consist of three members.  Each Party shall appoint an arbitrator
within 30 days of the receipt of the request, an d the two arbitrators appointed shall designate by
common agreement the third arbitrator, who shall chair the tribunal.  The latter shall not be a national
of either of the Parties, nor have his or her usual place of residence in the territory of one of the
Parties, nor be employed by either of them, nor have dealt with the case in any capacity.
3. If the chair of the tribunal has not been designated within 30 days of the appointment of the
second arbitrator, the Director-General of the WTO shall at the request of either Party appoint the
chair of the arbitral tribunal within a further one month’s period.
4. If one of the Parties does not appoint an arbitrator within 30 days of the receipt of the request,
the other Party may inform the Director-General of the WTO who shall appoint the chair of thearbitral tribunal within a further 30 days and the chair shall, upon appointment, request the Party
which has not appointed an arbitrator to do so within 14 days.  If after such period that Party has still
not appointed an arbitrator, the chair shall inform the Director-General of the WTO who shall make
this appointment within a further 30 days.
5. For the purposes of paragraphs 1, 2, 3 and 4, any person appointed as a member or chair of
the arbitral tribunal by either Party or by the Director-General of the WTO must be a well-qualified
governmental or non-governmental individual, a nd can include persons who have served on or
presented a case to a WTO panel, served in the Secretariat of the WTO, taught or published on
international trade law or policy, or served as a senior trade policy official of a Member of the WTO.The Parties recognise that the arbitral tribunal should be composed of individuals of relevant technical
or legal expertise.
Article 62
Functions of Arbitral Tribunals
1. The function of an arbitral tribunal is to make an objective assessment of the dispute before it,
including an examination of the facts of the case and the applicability of and conformity with this
Agreement, and make such other findings and rulings necessary for the resolution of the dispute
referred to it as it thinks fit.  The findings and rulings of the arbitral tribunal shall be binding on the
Parties.
2. The arbitral tribunal shall, apart from the matters set out in Article 63, regulate its own
procedures in relation to the rights of Parties to be heard and its deliberations.
Article 63
Proceedings of Arbitral Tribunals
1. An arbitral tribunal shall meet in closed session.  The Parties shall be present at the meetings
only when invited by the arbitral tribunal to appear before it.  The reports of the arbitral tribunal shallbe drafted without the presence of the Parties in the light of the information provided and the
statements made.
2. The arbitral tribunal shall have the right to seek information and technical advice from any
individual or body which it deems appropriate.  A Party shall respond promptly and fully to anyrequest by an arbitral tribunal for such information as the arbitral tribunal considers necessary and
appropriate.
3. The deliberations of an arbitral tribunal and the documents submitted to it shall be kept
confidential.  Nothing in this Article shall preclude a Party from disclosing statements of its ownWT/REG127/1
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positions and its initial submission to the public.  A Party shall treat as confidential information
submitted by another Party to the arbitral tribunal which that Party has designated as confidential.
Where a Party submits a confidential version of its written submissions to the arbitral tribunal, it shall
also, upon request of a Party, provide a non-confidential summary of the information contained in its
submissions that could be disclosed to the public.
4. Before the first substantive meeting of the arbitral tribunal with the Parties, the Parties shall
transmit to the arbitral tribunal written submissions in which they present the facts of their case and
their arguments.
5. At its first substantive meeting with the Parties, the arbitral tribunal shall ask the Party which
has brought the complaint to present its case.  Subsequently, and still at the same meeting, the Partyagainst which the complaint has been brought shall be asked to present its point of view.
6. Formal rebuttals shall be made at a second substantive meeting of the arbitral tribunal.  The
Party complained against shall have the right to take  the floor first to be followed by the complaining
Party.  The Parties shall submit, prior to the meeting, written rebuttals to the arbitral tribunal.
7. The arbitral tribunal may at any time put questions to the Parties and ask them for
explanations either in the course of a meeting with  the Parties or in writing.  The Parties shall make
available to the arbitral tribunal a written version of their oral statements.
8. In the interests of full transparency, the presentations, rebuttals and statements referred to in
paragraphs 4 to 7 shall be made in the presence of the Parties.  Moreover, each Party’s written
submissions, including any comments on the descrip tive part of the report and responses to questions
put by the arbitral tribunal, shall be made available to the other Party.
9. The arbitral tribunal shall release to the Parties its findings and rulings in a report on the
dispute referred to it within 60 days of its formation.  In exceptional cases, the arbitral tribunal may
take an additional 10 days to release its report containing its findings and rulings.  Within this time
period, the arbitral tribunal shall accord adequate opportunity to the Parties to review the report before
its release.
Article 64
Termination of Proceedings
The Parties may agree to terminate the proceedings of an arbitral tribunal in the event that a
mutually satisfactory solution to the dispute has been found.
Article 65
Implementation
1. The Party concerned shall comply with the arbitral tribunal’s rulings or findings within a
reasonable time period.  The reasonable period of time shall be mutually determined by the Parties
and shall not exceed 12 months from the date of the arbitral tribunal’s report, unless the Party
concerned advises the other Party that primary legislation shall be required, in which case the
reasonable period of time shall not exceed 15 months from such date.
2. If the Party concerned fails to bring the measure found to be inconsistent with the Agreement
into compliance therewith or otherwise comply with the arbitral tribunal’s report within the
reasonable period of time, that Party shall, if so requested, and not later than the expiry of theWT/REG127/1
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reasonable period of time, enter into negotiations with the Party having invoked the dispute settlement
procedures with a view to reaching a mutually satisfactory resolution.
3. If no mutually satisfactory resolution has been reached within 20 days, the Party which has
invoked the dispute settlement procedures may suspend the application of benefits of equivalent effectuntil such time as the Parties have reached agreement on a resolution of the dispute.
4. In considering what benefits to suspend pursuant to paragraph 3:
(i) the Party which has invoked the dispute settlement procedures should first seek to
suspend benefits in the same sector or sectors as that affected by the measure or other
matter that the arbitral tribunal has found to be inconsistent with this Agreement or tohave caused nullification or impairment;  and
(ii) the Party which has invoked the dispute settlement procedures may suspend benefits
in other sectors if it considers that it is not practicable or effective to suspend benefits
in the same sector.
Article 66
Expenses
Unless the arbitral tribunal decides otherwise because of the particular circumstances of the
case, the expenses of the tribunal, including the remuneration of its members, shall be borne by the
Parties in equal shares.
PART 11
General Provisions
Article 67
Application
1. Each Party is fully responsible for the observance of all provisions in this Agreement and
shall take such reasonable measures as may be available to it to ensure their observance by regional
and local governments and authorities, and, in respect of trade in services under Part 5, by non-
governmental bodies (in the exercise of powers delegated by central, regional or local government orauthorities) within its territory.
2. The provisions of Part 10 may be invoked in respect of measures affecting the observance of
this Agreement taken by regional or local governments or authorities within the territory of a Party.
When an arbitral tribunal appointed under Part 10 has ruled that a provision of this Agreement has not
been observed, the responsible Party shall take such reasonable measures as may be available to it to
ensure its observance.  The provisions of Part 10 relating to the suspension of the application of
benefits of equivalent effect shall apply in cases where it has not been possible to secure such
observance.
3. This Article does not apply to Part 8 concerning Government Procurement.WT/REG127/1
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Article 68
Review
1. In addition to the provisions for consultations elsewhere in this Agreement, Ministers in
charge of trade negotiations of the Parties shall meet within a year of the date of entry into force of
this Agreement and then biennially or otherwise as appropriate to review the operation of this
Agreement.
2. The Parties shall undertake a general review of the operation of this Agreement in 2005.
Article 69
Transparency
1. Each Party shall promptly make public all laws, rules, regulations, judicial decisions and
administrative rulings of general application pertaining to trade in goods, services, and investment;shall promptly make available administrative guidelines which significantly affect trade in services
covered by its commitments;  and shall endeavour to make available promptly administrative
guidelines which significantly affect trade in goods and investment.
2. Each Party shall endeavour to provide oppo rtunity for comment by the other Party on its
proposed laws, rules, regulations and procedures affecting trade in goods and services and
investments if it is of the view that any such pr oposed laws, rules, regulations and procedures are
likely to affect the rights and obligations of either Party under this Agreement.
3. Each Party shall respond promptly to all reques ts by the other Party for specific information
on any of its measures of general application.  Each Party shall establish one or more enquiry points to
provide specific information upon request on all such measures.
4. In view of the importance of transparency of domestic legislation and procedures affecting
trade in goods and the supply of services and in investment to the operation of this Agreement, the
Parties shall discuss any concerns which may arise in this area at the reviews referred to in Article 68,
in order to address means of overcoming such concerns.
Article 70
Business Law
With a view to facilitating business through addressing issues of common interest in relation
to business law, the Parties shall exchange information on their respective business laws as a first step
in identifying issues for attention and consideration of an appropriate ongoing process for addressing
these issues.
Article 71
General Exceptions
Provided that such measures are not used as a means of arbitrary or unjustified discrimination
against persons of the other Party or as a disguised restriction on trade in goods and services or
investment, nothing in this Agreement shall precl ude the adoption by any Party of measures in the
exercise of its legislative, rule-making and regulatory powers:WT/REG127/1
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(a) necessary to protect public order or morality, public safety, peace and good order and
to prevent crime;
(b) necessary to protect human, animal or plant life or health;
(c) necessary to prevent unfair, deceptive or misleading practices or to deal with the
effects of defaults on services contracts;
(d) necessary to protect national works, items or specific sites of historical or
archaeological value, or to support creative arts11 of national value;
(e) to conserve exhaustible natural resources if such measures are made effective in
conjunction with restrictions on domestic production or consumption;
(f) necessary to secure compliance with laws and regulations relating to customs
enforcement, tax avoidance or evasion;
(g) in connection with the products of prison labour.
Article 72
Movement of Natural Persons
1. This Agreement applies to measures affecting natural persons who are service suppliers of a
Party, and natural persons of a Party who are employed by a service supplier of a Party, in respect of
the supply of a service.
2. This Agreement shall not apply to measures affecting natural persons seeking access to the
employment market of a Party nor shall it apply to measures regarding citizenship, residence oremployment on a permanent basis.
3. In accordance with Articles 17, 18, 19 and 20, the Parties may negotiate specific
commitments applying to the movement of all categories of natural persons supplying services under
this Agreement.  Natural persons covered by a sp ecific commitment shall be allowed to supply the
service in accordance with the terms of that commitment.
4. This Agreement shall also not prevent a Party from applying measures to regulate the entry of
natural persons of the other Party into, or their temporary stay in, its territory, including those
measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons
across, its borders, provided that such measures are not applied in such a manner as to nullify or
impair the benefits accruing to either Party under the terms of a specific commitment.
12
                                                     
11 Illustrative list of “creative arts”:  the creative ar ts, including ngä toi Mäori (Mäori arts), comprise a
range of art forms and disciplines including:  dance, music, theatre, haka, waiata and other performing arts;visual arts, such as painting, sculpture, craft arts, whakairo (carving), raranga (weaving), tä moko;  literature;
film and video;  language arts and new media. Cross-di sciplinary arts activities that incorporate more than one
art form are also included.
12 The sole fact of requiring a visa for natural persons shall not be regarded as nullifying or impairing
benefits under a specific commitment.WT/REG127/1
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Article 73
Measures to Safeguard the Balance of Payments
1. In the event of serious balance of payments and external financial difficulties or threat
thereof, a Party may adopt or maintain restrictions on trade in services on which it has undertaken
specific commitments, including on payments or  transfers for transactions related to such
commitments.  In the case of investments, a Party may adopt or maintain restrictions with regards to
payments relating to the transfer of proceeds from investment.
2. The restrictions referred to in paragraph 1:
(a) shall be consistent with the Articles of Agreement of the International Monetary
Fund;
(b) shall avoid unnecessary damage to the commercial, economic and financial interests
of the other Party;
(c) shall not exceed those necessary to deal with the circumstances described in
paragraph 1;
(d) shall be temporary and be phased out progressively as the situation specified in
paragraph 1 improves;  and
(e) shall be applied on a national treatment basis.
3. Any restrictions adopted or maintained under paragraph 1, or any changes therein, shall be
promptly notified to the other Party within 14 days from the date such measures are taken.
4. The Party adopting any restrictions under paragraph 1 shall commence consultations with the
other Party within 90 days from the date of notificat ion in order to review the measures adopted by it.
5. In the case of trade in goods, where a Party is in serious balance of payments and external
financial difficulties or under threat thereof, it may, in accordance with the GATT 1994 and the
Understanding on the Balance-of-Payments Provisions of the GATT 1994, adopt restrictive import
measures.
Article 74
Treaty of Waitangi
1. Provided that such measures are not used as a means of arbitrary or unjustified discrimination
against persons of the other Party or as a disguised restriction on trade in goods and services or
investment, nothing in this Agreement shall prec lude the adoption by New Zealand of measures it
deems necessary to accord more favourable treatment to Maori in respect of matters covered by this
Agreement including in fulfillment of its obligations under the Treaty of Waitangi.
2. The Parties agree that the interpretation of the Treaty of Waitangi, including as to the nature
of the rights and obligations arising under it, shall not be subject to the dispute settlement provisionsof this Agreement.  Part 10 shall otherwise apply to this Article.  An arbitral tribunal appointed under
Article 61 may be requested by Singapore to determine only whether any measure (referred to in
paragraph 1) is inconsistent with its rights under this Agreement.WT/REG127/1
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Article 75
Critical Shortages
Provided that such measures are not used as a means of arbitrary or unjustified discrimination
against persons of the other Party or as a disguised restriction on trade in goods and services or
investment, nothing in this Agreement shall preclude the adoption by Singapore of measures it deems
necessary to prevent or relieve a critical shortage or threat thereof of any such imports deemed or
defined as essential to Singapore under its domestic laws and regulations, and where the situation
referred to gives rise, or is likely to give rise, to major difficulties for Singapore, provided that such
measures shall, if Singapore deems fit, be discontinued as soon as the conditions giving rise to such
measures have ceased to exist.
Article 76
Security
Nothing in this Agreement shall be construed:(a) as preventing either Party from taking any action which it considers necessary for the
protection of its essential security interests, including but not limited to action relating
to traffic in arms, ammunition and implements of war and to such traffic in othergoods and materials as is carried on directly or indirectly for the purpose of supplying
a military establishment, and any action taken in time of war or other emergency in
domestic or international relations;
or
(b) as preventing either Party from taking any action in pursuance of its obligations under
the United Nations Charter for the maintenance of international peace and security.
Article 77
Disclosure of Information
Nothing in this Agreement shall be construed to require either Party to furnish or allow access
to information the disclosure of which it considers:
(a) would be contrary to its essential security interests;
(b) is contrary to the public interest as determined by its laws;
(c) is contrary to any of its laws, including but not limited to those protecting personal
privacy or the financial affairs and accounts of individual customers of financial
institutions;
(d) would impede law enforcement;  or
(e) would prejudice legitimate commercial interests of particular enterprises, public or
private.WT/REG127/1
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Article 78
Taxation
The provisions of this Agreement shall not apply to any taxation measure.  “Taxation
measure” means any measure imposing direct or indirect taxes including excise duties as defined by
the domestic laws of the Parties so long as these duties are not used for the purpose of protecting the
domestic industry of the Party imposing the duties.
Article 79
Association with the Agreement
1. This Agreement is open to accession or association, on terms to be agreed between the
Parties, by any Member of the WTO, or by any other State or separate customs territory.
2. The terms of such accession or association shall take into account the circumstances of the
Member of the WTO, State or separate customs territory, in particular with respect to timetables for
liberalisation.
Article 80
Obligations under other International, Regional or Bilateral Agreements
Nothing in this Agreement shall be regarded as exempting either Party to this Agreement
from its obligations under any international, regional or bilateral agreements to which it is a party and
any inconsistency with the provisions of this Ag reement shall be resolved in accordance with the
general principles of international law.
Article 81
Preferences under other Agreements
1. Nothing in this Agreement shall be regarded as obliging a Party to extend to the other Party
the benefit of any treatment, preference or privileg e arising from any existing or any future customs
union, free trade area, free trade arrangement, common market, monetary union or similar
international agreement or other forms of bilateral or regional cooperation to which either of the
Parties is or may become party;  or as preventing the adoption of an agreement designed to lead to the
formation or extension of such a union, area or arrangement or market.
2. Nothing in this Agreement shall be interpreted as obliging a Party to extend the benefit of any
treatment, preference or privilege arising under this Agreement to legal or natural persons who
otherwise only qualify for such benefit by virtue of a separate agreement or arrangement entered into
by the other Party.
Article 82
Amendments
This Agreement may be amended by agreement in writing by the Parties and such
amendments shall come into force on such date or dates as may be agreed between them.WT/REG127/1
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Article 83
Annexes
The Annexes to this Agreement, including any A ppendices thereto, shall be an integral part of
this Agreement.
Article 84
Entry into Force, Duration and Termination
1. This Agreement shall be subject to ratification.  Ratification shall be effected by an exchange
of Notes between the Parties.  The Agreement shall enter into force on the date specified in such
exchange of Notes.
2. This Agreement may be terminated by either Party on giving 180 days’ written notice to the
other Party.
IN WITNESS whereof the undersigned, duly authorised, have signed this Agreement.DONE in duplicate at Singapore this 14th day of November, 2000.
For Singapore: For New Zealand:
___________________ ____________________
Mr Goh Chok Tong Rt Hon Helen Clark
Prime Minister Prime Minister.
__________