WORLD TRADE  
ORGANIZATION  WT/REG161/1 
30 January 2004  
 
(04-0355) 
Committee on Regional Trade Agreements Original:   English 
   
FREE TRADE AGREEMENT BETWEEN THE UNITED  STATES AND SINGAPORE
* 
 
  The following text is being circulated at the re quest of the Delegations of the United States of 
America and of the Government of the Republic of Singapore.  
_______________ 
 
 
UNITED STATES – SINGAPORE FREE TRADE AGREEMENT
 
 
 
 The Government of the United States  and the Government of the Republic of Singapore  ("the 
Parties"),   Recognizing  their longstanding friendship and importa nt trade and investment relationship; 
 
 Recognizing  that open and competitive markets are th e key drivers of economic efficiency, 
innovation  and wealth creation;   Recognizing  the importance of ongoing liberalization 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;   Reaffirming  their rights, obligations and undert akings under the Marrakesh Agreement 
Establishing the World Trade Organization, and othe r multilateral, regional, and bilateral agreements 
and arrangements to which they are both Parties; 
  Recognizing  that economic development, social de velopment, and environmental protection 
are interdependent and mutually reinforcing compone nts of sustainable development, and that an open 
and non-discriminatory multilateral trading system can play a major role in achieving sustainable 
development; 
  Reaffirming  their commitment to achieving the Asia -Pacific Economic Co-operation goals of 
free and open trade and investment;  
 Reaffirming  their commitment to securing trade liberalization and an outward-looking 
approach to trade and investment;  
                                                     
 
* The full text of the USSFTA is also available, along with the ta riff schedules, services market access 
reservations and other large annexes to specific chapters, at: 
http://www.ustr.gov/new/fta/Singapore/final.htm  and 
http://www.fta.gov.sg/index1.htm  WT/REG161/1 
Page 2  
 
 Reaffirming  their shared commitment to facilitati ng bilateral trade through removing or 
reducing technical, sanitary and phytosanitary barrier s to the movement of goods between the Parties; 
  Desiring  to promote competition; 
 
 Desiring  to promote transparency and to elim inate bribery and corruption in business 
transactions;   Recognizing  that liberalized 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; 
  Desiring  to expand trade in services on a mutually  advantageous basis, under conditions of 
transparency and progressive liberalization, with th e aim of securing an overall balance of rights and 
obligations, while recognizing the rights of each Part y to regulate, and to introduce new regulations, 
giving due respect to national policy objectives; 
  Reaffirming  the importance of pursuing the above in a manner consistent with the protection 
and enhancement of the environment, including th rough regional environmental cooperative activities 
and implementation of multilateral environmental agreements to wh ich they are both parties; and 
 
 Affirming  their commitment to encourage the access ion to this Agreement by other States in 
order to further the liberalization of tr ade in goods and services between States; 
  Have agreed  as follows: 
 
 
CHAPTER 1 : ESTABLISHMENT OF A FREE TRADE AREA AND DEFINITIONS 
 
Article 1.1 
 
General
 
 
1. The Parties to this Agreement, consistent with Article XXIV of GATT 1994 and Article V of 
GATS, hereby establish a free trade area in accord ance with the provisions of this Agreement. 
2. The Parties reaffirm their existing rights and obligations with respect to each other under 
existing bilateral and multilateral agreements to which both Parties are party, including the WTO 
Agreement. 
3. This Agreement shall not be construed to de rogate from any interna tional legal obligation 
between the Parties that entitles goods or services, or suppliers of goods or services, to treatment more favourable than that accorded by this Agreement. 
Article 1.2 
 
General Definitions
 
  For purposes of this Agreement, unless otherwise specified:  1. Customs Valuation Agreement  means the WTO Agreement on Implementation of Article 
VII of the General Agreement on Tariffs and Trade 1994; 
2. days  means calendar days;  WT/REG161/1 
 Page 3 
 
 
3. enterprise  means any entity constituted or organized under applicable law, whether or not for 
profit, and whether privately-owned or government ally-owned, including any corporation, trust, 
partnership, sole proprietorship, joint venture or other association; 
4. enterprise of a Party means an enterprise constituted or organized under the law of a Party; 
5. GATS  means the General Agreement on Trade in Services; 
6. GATT 1994  means the General Agreement on Tariffs and Trade 1994; 
7. goods of a Party  means domestic products as these are understood in GATT 1994 or such 
goods as the Parties may agree, and includes originating goods of that Party; 
8. government procurement  means the process by which a government obtains the use of or 
acquires goods or services, or any combination ther eof, for governmental purposes and not with a 
view to commercial sale or resale, or use in the production or supply of goods or services for 
commercial sale or resale; 
9. measure  includes any law, regulation, procedure, requirement or practice; 
10. national  means a natural person referred to in Annex 1A; 
11. originating good  has the meaning established in Chapter 3 (Rules of Origin); 
12. person  means a natural person or enterprise; 
13. person of a Party  means a national or an enterprise of a Party; 
14. territory  means for a Party the territory of that Party as set out in Annex 1A; 
15. TRIPS Agreement  means the Agreement on Trade-Related Aspects of Intellectual Property 
Rights; 
16. WTO  means the World Trade Organization; and 
17. WTO Agreement  means the Marrakech Agreement Establishing the World Trade 
Organization. 
 
ANNEX 1A 
 
Certain Definitions  
   For purposes of this Agreement:  1. national  means: 
(a) with respect to Singapore, any person who is a citizen within the meaning of its 
Constitution and domestic laws; and 
(b) with respect to the United States, national of  the United States as defined in Title III 
of the Immigration and Nationality Act. WT/REG161/1 
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2. territory  means: 
(a) with respect to Singapore, its land territory, internal waters and territorial sea as well 
as the maritime zones beyond the territori al sea, including the seabed and subsoil, 
over which the Republic of Singapore exerci ses sovereign rights or jurisdiction under 
its national laws and international law for the purpose of exploration and exploitation 
of the natural resources of such areas; and 
(b) with respect to the United States, 
(i) the customs territory of the United St ates which includes the 50 states, the 
District of Columbia and Puerto Rico; 
(ii) the foreign trade zones located in th e United States and Puerto Rico; and 
(iii) any areas beyond the territorial seas of the United States within which, in 
accordance with international law and its domestic law, the United States may exercise rights with respect to th e seabed and subsoil and their natural 
resources. 
 
CHAPTER 2 : NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 
 
Article 2.1 
 
National Treatment
 
 
 Each Party shall accord national treatment to the goods of the other Party in accordance with 
Article III of GATT 1994, including its interpretativ e notes. To this end, Article III of GATT 1994 
and its interpretative notes are incorporated into and made a part of this Agreement, subject to    
Annex 2A.  
Article 2.2 
 
Elimination Of Duties
 
 1. Except as otherwise provided in this Agreement,  each Party shall progressively eliminate its 
customs duties on originating goods of the other Party in accordance with Annexes 2B (U.S. 
Schedule) and 2C (Singapore Schedule). 
2. A Party shall not increase an existing customs duty or introduce a new customs duty on 
imports of an originating good, other than as pe rmitted by this Agreement, subject to Annex 2A. 
3. Upon request by any Party, the Parties shall cons ult to consider accelerating the elimination of 
customs duties as set out in their respective schedules.  An agreement by the Parties to accelerate the 
elimination of customs duties on an originating good shall be treated as an amendment to Annexes 2B 
and 2C, and shall enter into force after the Partie s have exchanged written notification certifying that 
they have completed necessary internal legal proce dures and on such date or dates as may be agreed 
between them. 
  WT/REG161/1 
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Article 2.3 
 
Customs Value  
  Each Party shall apply the provisions of th e Customs Valuation Agreement for the purposes 
of determining the customs value of goods traded between the Parties. 
 
Article 2.4 
 
Export Tax
 
 
 A Party shall not adopt or maintain any duty, ta x or other charge on the export of any good to 
the territory of the other Party.  
Article 2.5 
 
Temporary Admission
 
 1. Each Party shall grant duty-free temporary admi ssion for the following goods, imported by or 
for the use of a resident of the other Party: 
(a) professional equipment, including software  and broadcasting and cinematographic 
equipment, necessary for carrying out the bus iness activity, trade, or profession of a 
business person who qualifies for temporary entry pursuant to the laws of the importing country; and 
(b) goods intended for display or demonstration at exhibitions, fairs, or similar events, 
including commercial samples for the solicita tion of orders, and advertising films. 
2. A Party shall not condition the duty-free temporary admission of a good referred to in 
paragraph 1, other than to require that such good: 
(a) be used solely by or under the personal supe rvision of a resident of the other Party in 
the exercise of the business activity, trade, or profession of that person; 
(b) not be sold or leased or cons umed while in its territory; 
(c) be accompanied by a security in an amount no greater than the charges that would 
otherwise be owed on entry or final impor tation, releasable on exportation of the 
good; 
(d) be capable of identification when exported; 
(e) be exported on the departure of that person or  within such other period of time as is 
reasonably related to the purpose of the temporary admission, to a maximum period 
of three years from the date of importation; 
(f) be imported in no greater quantity than is reasonable for its intended use; and 
(g) be otherwise admissible into the Party's territory under its laws. 
3. If any condition that a Party imposes under paragraph 2 has not been fulfilled, the Party may 
apply the customs duty and any other charge that  would normally be owed on entry or final 
importation of the good. WT/REG161/1 
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4. Each Party, through its Customs authorities, shall adopt procedures providing for the 
expeditious release of the goods described in paragr aph 1. To the extent possible, when such goods 
accompany a resident of the other Party seeking temporary entry, and are imported by that person for use in the exercise of a business activity, trade, or profession of that person, the procedures shall allow 
for the goods to be released simultaneously with the entry of that person subject to the necessary 
documentation required by the Customs authorities of the importing Party. 
5. Each Party shall, at the request of the person concerned and for reasons  deemed valid by its 
Customs authorities, extend the time limit for te mporary admission beyond the period initially fixed. 
6. Each Party shall permit temporarily admitted goods to be exported through a customs port 
other than that through which they were imported. 
7. Each Party shall relieve the importer of liabilit y for failure to export a temporarily admitted 
good upon presentation of satisfactory proof to the Party's Customs authorities that the good has been destroyed within the original time limit for temp orary admission or any lawful extension. Prior 
approval will have to be sought from the Customs authorities of the importing Party before the good 
can be so destroyed. 
Article 2.6 
 
Goods Re-Entered After Repair Or Alteration
 
 1. A Party shall not apply a customs duty to a good, regardless of its origin, that re-enters its 
territory after that good has been exported temporarily from its territory to the territory of the other 
Party for repair or alteration, regardless of whether such repair or alteration could be performed in its 
territory. 
2. A Party shall not apply a customs duty to a good, regardless of its origin, imported 
temporarily from the territory of the other Party for repair or alteration. 
3. For purposes of this Article: 
(a) the repairs or alterations shall not destroy the essential characteristics of the good, or 
change it into a different commercial item; 
(b) operations carried out to transform unfinishe d goods into finished goods shall not be 
considered repairs or alterations; and 
(c) parts or pieces of the goods may be subject to repairs or alterations. 
Article 2.7 
 
Import And Export Restrictions
 
 1. Except as otherwise provided in this Agreemen t, a Party shall not adopt or maintain any 
prohibition or restriction on the importation of an y good of the other Party or on the exportation or 
sale for export of any good destined for the territory  of the other Party, except in accordance with 
Article XI of GATT 1994, including its interpretative notes, and to this end Ar ticle XI of GATT 1994, 
including its interpretative notes, is incorporated  into and made a part of this Agreement. 
2. The Parties understand that the GATT 1994 rights and obligations incorporated by paragraph 
1 prohibit, in any circumstances in which any other form of restriction is prohibited, export price  WT/REG161/1 
 Page 7 
 
 
requirements and, except as permitted in enforc ement of countervailing and antidumping orders and 
undertakings, import price requirements. 
3. In the event that a Party adopts or maintains a prohibition or restriction on the importation 
from or exportation to a non-Party of a good, nothing in this Agreement shall be construed to prevent 
the Party from: 
(a) limiting or prohibiting the importation from the territory of the other Party of such 
good of that non-Party; or 
(b) requiring as a condition of export of such good of the Party to the territory of the 
other Party, that the good not be re-exported to the non-Party, directly or indirectly, 
without being consumed in the territory of the other Party. 
4. Paragraphs 1 through 3 shall not apply to the measures set out in Annex 2A. 
5. Nothing in this Article shall be construed to affect a Party's rights and obligations under the 
WTO Agreement on Textiles and Clothing. 
Article 2.8 
   Merchandise Processing Fee
 
  A Party shall not adopt or maintain a me rchandise processing fee for originating goods. 
 
Article 2.9 
 
Distilled Spirits
 
  Singapore shall harmonize its excise taxes on im ported and domestic distilled spirits. Such 
harmonization of the aforesaid excise duties shall be carri ed out in stages and shall be completed      
by 2005. 
 
Article 2.10 
 
Broadcasting Apparatus
 
  A Party shall not maintain any import ban on broadcasting apparatus, including satellite 
dishes. 
 
Article 2.11 
 
Chewing Gum
 
 
 Singapore shall allow the importation of chew ing gum with therapeutic value for sale and 
supply, and may subject such products to laws  and regulations relati ng to health products. 
 
Article 2.12 
 
Tariff Treatment Of Non-Originating Cotton And  
Man-Made Fiber Apparel Goods  (Tariff Preference Levels)  
 1. Subject to paragraphs 3 and 4, the United States shall apply the applicable rate of duty under 
paragraph 2 to imports of cotton or man-made Fiber apparel goods pr ovided for in Chapters 61 and 62 WT/REG161/1 
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of the Harmonized System and covered by the U.S. categories listed in Annex 2B that are both cut (or 
knit to shape) and sewn or otherwise assembled in Singapore from fabric or yarn produced or obtained outside the territory of a Party, and that me et the applicable conditions for preferential tariff 
treatment under this Agreement, other than the condition that they be originating goods. 
2. The rate of duty applicable to goods describ ed in paragraph 1 is the United States most-
favoured-nation rate of duty reduced in five e qual annual increments, beginning on the date this 
Article enters into force, such that the rate of duty shall be zero beginning on the first day of the fifth year after that date. 
3. Paragraph 1 shall not apply to imports of goods  described in that paragraph in quantities 
greater than: 
(a) 25,000,000 square meter equivalents ("SME") in the first year following entry into 
force of this Article; 
(b) 21,875,000 SME in the second year following entry into force of this Article;  
(c) 18,750,000 SME in the third year followi ng entry into force of this Article; 
(d) 15,625,000 SME in the fourth year following entry into force of this Article; 
(e) 12,500,000 SME in the fifth year following entry into force of this Article;  
(f) 9,375,000 SME in the sixth year following entry into force of this Article;  
(g) 6,250,000 SME in the seventh year followi ng entry into force of this Article; and  
(h) 3,125,000 SME in the eighth year following entry into force of this Article. 
For purposes of this paragraph, quantities of textile  and apparel goods shall be converted into SME 
according to the conversion factors set forth in Annex 2D. 
 
4. This Article shall cease to apply beginning on the da te that is nine years after entry into force 
of this Article. 
Article 2.13 
 
Definitions
 
 
 For purposes of this Chapter, customs duty includes any customs or import duty and a charge 
of any kind imposed in connection with the importation of a good, including any form of surtax or surcharge in connection with such importation, but does not include any:  
(a) charge equivalent to an internal tax impo sed consistently with Article III:2 of GATT 
1994 in respect of the like domestic good or in respect of goods from which the imported good has been manufactured or produced in whole or in part; 
(b) antidumping or countervailing duty that is applied pursuant to a Party's domestic law; 
(c) fee or other charge in connection with importation commensurate with the cost of 
services rendered; or 
(d) duty imposed pursuant to Article 5 of the WTO Agreement on Agriculture.  WT/REG161/1 
 Page 9 
 
 
ANNEX 2A 
Application Of Chapter 2 : National Tr eatment And Market Access For Goods  
  Articles 2.1, 2.2, and 2.7 shall not apply to:  
(a) controls by the United States on the export of logs of all species; 
(b) (i) measures under existing provisions of the Merchant Marine Act of 1920, 46 
App. U.S.C. § 883; the Passenger Ves sel Act, 46 App. U.S.C. §§ 289, 292 
and 316; and 46 U.S.C. § 12108, to the extent that such measures were mandatory legislation at the time of the United States' accession to the 
General Agreement on Tariffs and Trad e 1947 and have not been amended so 
as to decrease their conformity with Part 11 of GATT 1947; 
(ii) the continuation or prompt renewal of a non-conforming provision of any 
statute referred to in clause (i); and 
(iii) the amendment to a non-conforming provision of any statute referred to in 
subparagraph (b)(i) to the extent that  the amendment does not decrease the 
conformity of the provision with Articles 2.1 and 2.7; 
(c) actions authorized by the Dispute Settlement Body of the WTO. 
 
 
ANNEX 2B 
 
 The U.S. Schedule to Annex 2B attached as a separate volume.  
 
ANNEX 2C 
 
 The Singapore Schedule to Annex 2C attached as a separate volume.  
 
ANNEX 2D 
 
Conversion Factors
 
  The following conversion factors shall be used  to calculate quantities in SME for purposes of 
Article 2.12.  
 
U.S. Conversion Description Primary Unit 
Category Factor  of Measure 
237 19.20 PLAYSUITS, SUNSUITS, ETC DZ 
239 6.30 BABIES' GARMENTS & CLOTHING KG   ACCESS.  
330 1.40 COTTON HANDKERCHIEFS DZ 
331 2.90 COTTON GLOVES AND MITTENS DPR 332 3.80 COTTON HOSIERY DPR 333 30.30 M&B SUITTYPE COATS, COTTON DZ 334 34.50 OTHER M&B COATS, COTTON DZ WT/REG161/1 
Page 10  
 
335 34.50 W&G COTTON COATS DZ 336 37.90 COTTON DRESSES DZ 338 6.00 M&B COTTON KNIT SHIRTS DZ 339 6.00 W&G COTTON KNIT SHIRTS/BLOUSES DZ 340 20.10 M&B COTTON SHIRTS, NOT KNIT DZ 
341 12.10 W&G COTTON SHIRTS/BLOUSES,NOT DZ 
  KNIT  342 14.90 COTTON SKIRTS DZ 345 30.80 COTTON SWEATERS DZ 347 14.90 M&B COTTON DZ 
  TROUSERS/BREECHES/SHORTS  
348 14.90 W&G COTTON DZ   TROUSERS/BREECHES/SHORTS  349 4.00 BRASSIERES, OTHER BODY SUPPORT DZ   GARMENTS  
350 42.60 COTTON DRESSING GOWNS, ROBES ETC.  DZ 
351 43.50 COTTON NIGHTWEAR/PAJAMAS DZ 352 9.20 COTTON UNDERWEAR DZ 353 34.50 M&B COTTON DOWNFILLED COATS DZ 354 34.50 W&G COTTON DOWNFILLED COATS DZ 359 8.50 OTHER COTTON APPAREL KG 
630 1.40 MMF HANDKERCHIEFS DZ 
631 2.90 MMF GLOVES AND MITTENS DPR 632 3.80 MMF HOSIERY DPR 633 30.30 M&B MMF SUITTYPE COATS DZ 634 34.50 OTHER M&B MMF COATS DZ 
635 34.50 W&G MMF COATS DZ 
636 37.90 MMF DRESSES DZ 638 15.00 M&B MMF KNIT SHIRTS DZ 639 12.50 W&G MMF KNIT SHIRTS & BLOUSES DZ 640 20.10 M&B NOT-KNIT MMF SHIRTS DZ 641 12.10 W&G NOT-KNIT MMF SHIRTS & DZ 
  BLOUSES  
642 14.90 MMF SKIRTS DZ 643 3.76 M&B MMF SUITS NO 644 3.76 W&G MMF SUITS NO 645 30.80 M&B MMF SWEATERS DZ 
646 30.80 W&G MMF SWEATERS DZ 
647 14.90 M&B MMF DZ   TROUSERS/BREECHES/SHORTS  648 14.90 W&G MMF DZ   TROUSERS/BREECHES/SHORTS  649 4.00 MMF BRAS & OTHER BODY SUPPORT DZ 
  GARMENTS  
650 42.60 MMF ROBES, DRESSING GOWNS, ETC. DZ 651 43.50 MMF NIGHTWEAR & PAJAMAS DZ 652 13.40 MMF UNDERWEAR DZ 653 34.50 M&B MMF DOWNFILLED COATS DZ 
654 34.50 W&G MMF DOWNFILLED COATS DZ 
659 14.40 OTHER MMF APPAREL KG   WT/REG161/1 
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CHAPTER 3 : RULES OF ORIGIN  
 
Section A : Origin Determination  
 
Article 3.1 
 
Originating Goods  
  For purposes of this Agreement, an originating good  means a good: 
 
(a) wholly obtained or produced entirely in the te rritory of one or both of the Parties; or 
(b) that has satisfied the requirements specified in Annex 3A; or 
(c) otherwise provided as an originating good under this Chapter.  
Article 3.2 
 
Treatment Of Certain Products
 
 1. Each Party shall provide that a good listed in A nnex 3B is an originating good when imported 
into its territory from the territory of the other Party. 
2. Within six months after entry into force of this  Agreement, the Parties shall meet to explore 
the expansion of the product covera ge of Annex 3B. The Parties shall consult regularly to review the 
operation of this Article and consider  the addition of goods to Annex 3B.
3-1 
Article 3.3 
 
De Minimis  
 1. Each Party shall provide that a good that do es not undergo a change in tariff classification 
pursuant to Annex 3A is none theless an originating good if: 
(a) the value of all non-originating materials used in the production of the good that do 
not undergo the required change in tariff classification does not exceed 10 percent of 
the adjusted value of the good; and 
(b) the good meets all other applicable criteria set forth in this Chapter for qualifying as 
an originating good. 
The value of such non-originating materials sh all, however, be included in the value of non-
originating materials for any applicable re gional value content requirement for the good. 
 2. Paragraph 1 does not apply to: 
(a) a non-originating material provided for in chapter 4 of the Harmonized System or in 
subheading 1901.90 that is used in the production of a good provided for in chapter 4 of the Harmonized System; 
                                                     
 
3-1 Such consultations may include meetings of the Joint Committee pursuant to Article 20.1 (Joint 
Committee). WT/REG161/1 
Page 12  
 
(b) a non-originating material provided for in chapter 4 of the Harmonized System or in 
subheading 1901.90 that is used in the production of a good provided for in the following provisions: subheadings 1901.10, 1901.20 or 1901.90; heading 2105; or subheadings 2106.90, 2202.90, or 2309.90; 
(c) a non-originating material provided for in heading 0805 or subheadings 2009.11 
through 2009.30 that is used in the production of a good provided for in subheadings 
2009.11 through 2009.30, or subheadings 2106.90 or 2202.90; 
(d) a non-originating material provided for in ch apter 15 of the Harmonized System that 
is used in the production of a good provided for in headings 1501 through 1508, 1512, 1514 or 1515; 
(e) a non-originating material provided for in heading 1701 that is used in the production 
of a good provided for in headings 1701 through 1703; 
(f) a non-originating material provided for in chapter 17 of the Harmonized System or 
heading 1805 that is used in the production of a good provided for in subheading 1806.10; 
(g) a non-originating material provided for in headings 2203 through 2208 that is used in 
the production of a good provided for in headings 2207 or 2208; and 
(h) a non-originating material used in the pr oduction of a good provided for in Chapters 1 
through 21 of the Harmonized System unl ess the non-originating material is provided 
for in a different subheading than the good for which origin is being determined 
under this Article. 
For purposes of this paragraph, heading  and subheading  mean, respectively, a heading and 
subheading of the Harmonized System.  3. A textile or apparel good provided for in Ch apters 50 through 63 of the Harmonized System 
that is not an originating good, because certain Fibers or yarns used in the production of the 
component of the good that determines the tari ff classification of the good do not undergo an 
applicable change in tariff classification set out in Annex 3A, shall nonetheless be considered to be an 
originating good if the total weight of all such Fibe rs or yarns in that component is not more than 
seven percent of the total weight of that compone nt. Notwithstanding the preceding sentence, a textile 
or apparel good containing elastomeric yarns in th e component of the good that determines the tariff 
classification of the good shall be an originating good only if such yarns are wholly formed in the 
territory of a Party. 
Article 3.4 
 
Accumulation
 
 
1. Originating materials from the territory of a Party, used in the production of a good in the 
territory of the other Party, shall be considered to originate in the territory of the other Party. 
2. A good is an originating good when it is produced in the territory of one or both Parties by 
one or more producers, provided that the good satisfi es the requirements in Article 3.1 and all other 
applicable requirements of this Chapter. 
  WT/REG161/1 
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Article 3.5 
 
Regional Value Content  
  Where Annex 3A refers to a regional value cont ent, each Party shall provide that the regional 
value content of a good shall be calculated on the basis of one of the following methods: 
 
(a) Build-down Method 
  RVC = AV - VNM
 x 100  
        AV 
 
  where    RVC is the regional value content, expressed as a percentage;    
  AV is the adjusted value, and 
 
VNM  is the value of non-originating materials that are acquired and used by the producer in the production of the good. 
 
(b) Build-up Method 
  RVC = VOM
 x 100 
     A V     where   
  RVC is the regional value content, expressed as a percentage; 
     AV is the adjusted value; and    VOM  is the value of originating mate rials that are acquired or self-produced, and 
used by the producer in the production of the good. 
 
Article 3.6 
 
Value Of Materials
 
 
1. Each Party shall provide that for purposes of cal culating the regional value content of a good 
and for purposes of applying the de mini mis rule, the value of a material is: 
(a) for a material imported by the producer of the good, the adjusted value of the 
material; 
(b) for a material acquired in the territory  where the good is produced, except for 
materials within the meaning of subparagraph (c), the adjusted value of the material; 
or 
(c) for a material that is self-produced, or wher e the relationship between the producer of 
the good and the seller of the material influenced the price actually paid or payable for the material, including a material obtained without charge, the sum of: WT/REG161/1 
Page 14  
 
(i) all expenses incurred in the production of the material, including general 
expenses; and 
(ii) an amount for profit. 
2. Each Party shall provide that the value of materials may be adjusted as follows: 
(a) for originating materials, the following e xpenses may be added to the value of the 
material if not included under paragraph 1: 
(i) the costs of freight, insurance, pack ing, and all other costs incurred in 
transporting the material to the location of the producer; 
(ii) duties, taxes and customs brokerage fees on the material paid in the territory 
of one or more of the Parties, other than duties and taxes that are waived, 
refunded, refundable or otherwise rec overable, including credit against duty 
or tax paid or payable; and 
(iii) the cost of waste and spoilage resultin g from the use of the material in the 
production of the good, less the value of  renewable scrap or by-product; and 
(b) for non-originating materials, where included under paragraph 1, the following 
expenses may be deducted from the value of the material: 
(i) the costs of freight, insurance, pack ing, and all other costs incurred in 
transporting the material to the location of the producer; 
(ii) duties, taxes, and customs brokerage fees on the material paid in the territory 
of one or more of the Parties, other than duties and taxes that are waived, refunded, refundable, or otherwise r ecoverable, including credit against duty 
or tax paid or payable; 
(iii) the cost of waste and spoilage resultin g from the use of the material in the 
production of the good, less the value of renewable scrap or by-products; 
(iv) the cost of processing incurred in the terr itory of a Party in the production of 
the non-originating material; and 
(v) the cost of originating materials used in the production of the non-originating 
material in the territory of a Party. 
Article 3.7 
 
Accessories, Spare Parts, And Tools
 
 
 Each Party shall provide that accessories, spare parts, or tools delivered with a good that form 
part of the good's standard accessories, spare parts, or tools, shall be treated as originating goods if the 
good is an originating good, and shall be disregar ded in determining whether all the non-originating 
materials used in the production of the good underg o the applicable change in tariff classification, 
provided that: 
 
(a) the accessories, spare parts, or tools ar e not invoiced separately from the good;  WT/REG161/1 
 Page 15 
 
 
(b) the quantities and value of the accessories, spar e parts, or tools are customary for the 
good; and 
(c) if the good is subject to a regional value content requirement, the value of the 
accessories, spare parts, or tools shall be taken into account as originating or non-originating materials, as the case may be, in  calculating the region al value content of 
the good. 
Article 3.8 
 
Fungible Goods And Materials
 
 
1. Each Party shall provide that the determinati on of whether fungible goods or materials are 
originating goods shall be made either by physical  segregation of each good or material or through the 
use of any inventory management method, such as aver aging, last-in, first-out, or first-in, first out, 
recognized in the generally accepted accounting prin ciples of the Party in which the production is 
performed or otherwise accepted by the Pa rty in which the production is performed. 
2. Each Party shall provide that that an inve ntory management method selected under paragraph 
1 for particular fungible goods or materials shall continue to be used for those fungible goods or 
materials throughout the fiscal year of the pers on that selected the inventory management method. 
Article 3.9 
 
Packaging Materials And Containers For Retail Sale  
 
 Each Party shall provide that packaging materi als and containers in which a good is packaged 
for retail sale, if classified with the good, shall be disregarded in determining whether all the non-
originating materials used in the production of th e good undergo the applicable change in tariff 
classification set out in Annex 3A and, if the good is  subject to a regional value-content requirement, 
the value of such packaging materials and containers  shall be taken into account as originating or non-
originating materials, as the case may be, in cal culating the regional value content of the good. 
 
Article 3.10 
 
Packing Materials And Containers For Shipment  
 
 Each Party shall provide that packing material s and containers in which a good is packed for 
shipment shall be disregarded in determining whether:  
(a) the non-originating materials used in the production of the good undergo an 
applicable change in tariff classi fication set out in Annex 3A; and 
(b) the good satisfies a regional value content requirement. 
Article 3.11 
 
Indirect Materials
 
 
 Each Party shall provide that an indirect mate rial shall be treated as an originating material 
without regard to where it is produced and its valu e shall be the cost regi stered in the accounting 
records of the producer of the good.   WT/REG161/1 
Page 16  
 
Article 3.12 
 
Third Country Transportation
 
  A good shall not be considered to be an or iginating good if the good undergoes subsequent 
production or any other operation outside the territories of the Parties, other than unloading, reloading, 
or any other operation necessary to preserve it in  good condition or to transport the good to the 
territory of a Party.  
Section B : Supporting Information And Verification
 
 
Article 3.13 
 
Claims For Preferential Treatment  
 
1. Each Party shall provide that an importer ma y make a claim for pref erential treatment under 
this Agreement based on the importer's knowledge or on information in the importer's possession that 
the good qualifies as an originating good. 
2. Each Party may require that an importer be prepared to submit, upon request, a statement 
setting forth the reasons that the good qualifies as an  originating good, including pertinent cost and 
manufacturing information. The statement need not be  in a prescribed format, and may be submitted 
electronically, where feasible. 
Article 3.14 
 
Obligations Relating To Importations  
 
1. Each Party shall grant any claim for preferen tial treatment under this Agreement made in 
accordance with this Section, unless the Party po ssesses information that the claim is invalid. 
2. A Party may deny preferential treatment under this Agreement to an imported good if the 
importer fails to comply with any requirement of this Chapter. 
3. If a Party denies a claim for preferential treat ment under this Agreement, it shall issue a 
written determination containing findings of fact  and the legal basis for the determination. 
4. The importing Party shall not subject an importe r to any penalty for making an invalid claim 
for preferential treatment if the importer: 
(a) upon becoming aware that such claim is not  valid, promptly and voluntarily corrects 
the claim and pays any duty owing; and 
(b) in any event, corrects the claim and pays any duty owing within a period determined 
by the Party, which shall be at least one year from submission of the invalid claim. 
 
Article 3.15 
 
Record Keeping Requirement  
 
 Each Party may require that importers maintain for up to five years after the date of 
importation records relating to the importation of th e good, and may require that an importer provide,  WT/REG161/1 
 Page 17 
 
 
upon request, records which are necessary to demons trate that a good qualifies as an originating good, 
as stipulated in Article 3.13.2, including records concerning:  
(a) the purchase of, cost of, value of, and payment for, the good; 
(b) the purchase of, cost of, value of, and payment for, all materials, including indirect 
materials, used in the production of the good; and 
(c) the production of the good in the form in which the good is exported. 
Article 3.16 
 
Verification
 
 
 For purposes of determining whether a good impor ted into its territory from the territory of 
the other Party qualifies as an originating good, a Party may conduct a verification by means of: 
 
(a) requests for information from the importer; 
(b) written requests for information to an exporte r or a producer in the territory of the 
other Party; 
(c) requests for the importer to arrange fo r the producer or exporter to provide 
information directly to the Party conducting the verification; 
(d) information received directly by the importing Party from an exporter or a producer 
as a result of a process described in Article 3.13.2; 
(e) visits to the premises of an exporter or a produ cer in the territory of the other Party, in 
accordance with any procedures that the Pa rties jointly adopt pertaining to the 
verification; or 
(f) such other procedures as the Parties may agree. 
Article 3.17 
 
Certain Apparel Goods  
  Notwithstanding any other provision of this Agr eement, the United States shall consider an 
apparel good listed in Chapter 61 or 62 of Annex 3A to be an originating good if it is both cut (or knit 
to shape) and sewn or otherwise assembled in one or both Parties from fabric or yarn, regardless of 
origin, designated by the appropriate U.S. government  authority as fabric or yarn not available in 
commercial quantities in a timely manner in the United States. Such designation must have been made 
in a notice published in the Federal Register of the United States identifying apparel goods made from 
such fabric or yarn as eligible for entry in to the United States under subheading 9819.11.24 or 
9820.11.27 of the Harmonized Tariff Schedule of th e United States as of November 15, 2002. For 
purposes of this Article, reference in such a notice to  yarn or fabric formed in the United States shall 
be deemed to include yarn or fa bric formed in either Party. 
 WT/REG161/1 
Page 18  
 
Section C : Consultation And Modifications
 
 
Article 3.18 
 
Consultation And Modifications  
 
1. The Parties shall consult and cooperate to ensure that this Chapter is applied in an effective 
and uniform manner. 
2. The Parties shall consult regularly to discuss ne cessary amendments to this Chapter and its 
Annexes, taking into account developments in t echnology, production processes, and other related 
matters, pursuant to Article 20.3 (Consultations). 
3. Within six months after entry into force of  this Agreement, the Parties shall meet: 
(a) to consider possible modifications to Annex 3A, including an assessment of the 
operation and use of the RVC; 
(b) the addition of products to Annex 3B; and 
(c) to review and consider possible modifications to Annex 3C. 
4. (a) On the request of either Party, the Parties shall consult: 
(i) to consider whether the rules of origin  applicable to particular textile or 
apparel goods under this Chapter should be  revised to address availability of 
supply of Fibers, yarns or fabrics in the territories of the Parties; or 
(ii) to review the rules of origin applicable  to particular textile or apparel goods 
in light of 
  (A) the effects of increasing global competition, 
 
  (B) the termination of the WTO Agreement on Textiles and Clothing and 
the full integration of the textile and apparel sector into GATT 1994, 
and 
 
  (C) eventual harmonization of rules of origin pursuant to Part IV of the 
WTO Agreement on Rules of Origin. 
 
(b) In the consultations referred  to in subparagraph (a)(i), each Party shall consider all 
data presented by the other Party showing s ubstantial production in its territory of a 
particular Fiber, yarn or fabric. The Parti es shall consider that substantial production 
has been shown if a Party demonstrates that its domestic producers are capable of 
supplying commercial quantities of the Fiber,  yarn or fabric in a timely manner. 
(c) The Parties shall endeavour to conclude  consultations under subparagraph (a)(i) 
within 60 days of receipt of a request by  one Party from the other Party. An amended 
rule of origin agreed to by the Parties shall supersede any prior rule of origin under this Agreement for the textile  or apparel goods at issue, on approval by the Parties in 
accordance with Article 21.8 (Amendments).  WT/REG161/1 
 Page 19 
 
 
(d) In consultations under subpa ragraph (a)(ii), the Partie s shall give particular 
consideration to operative rules in othe r economic association or integration 
agreements and developments  relating to textile and a pparel production and trade. 
 
Section D : Definitions  
 
Article 3.19 
 
Definitions  
 
 For purposes of this Chapter: 
 1. adjusted value  means the value determined under Artic les 1 through 8, Article 15, and the 
corresponding interpretative notes of the Customs Va luation Agreement, as adjusted to exclude any 
costs, charges, or expenses incurred for transportati on, insurance, and related services incident to the 
international shipment of the merchandise from the c ountry of exportation to the place of importation; 
2. fungible goods or materials  means goods or materials that are interchangeable for 
commercial purposes and whose properties are essentially identical; 
3. generally accepted accounting principles  means the recognized consensus or substantial 
authoritative support in the territory of a Party, with  respect to the recording of revenues, expenses, 
costs, assets, and liabilities, the disclosure of inform ation and the preparation of financial statements. 
These standards may encompass broad guidelines of ge neral application as well as detailed standards, 
practices, and procedures; 
4. goods wholly obtained or produced entirely in the territory of one or both of the Parties  
means goods that are: 
(a) mineral goods extracted there; 
(b) vegetable goods, as such goods are defined in the Harmonized System, harvested 
there; 
(c) live animals born and raised there; 
(d) goods obtained from hunting, trapping, fishing, or aquaculture conducted there; 
(e) goods (fish, shellfish, and other marine life) taken from the sea by vessels registered 
or recorded with a Party and flying its flag; 
(f) goods produced exclusively from products refe rred to in paragraph on board factory 
ships registered or recorded with a Party and flying its flag; 
(g) goods taken by a Party, or a person of a Party, from the seabed or beneath the seabed 
outside territorial waters, provided that th e Party has rights to exploit such seabed; 
(h) goods taken from outer space, provided they are obtained by a Party or a person of a 
Party and not processed in the territory of a non-Party; 
(i) waste and scrap derived from 
(i) production there; or WT/REG161/1 
Page 20  
 
(ii) used goods collected there, provided such goods are fit only for the recovery 
of raw materials; 
(j) recovered goods derived th ere from used goods; or 
(k) goods produced there exclusively from goods re ferred to in (a) through (i) above, or 
from their derivatives, at any stage of production. 
5. Harmonized System  means the Harmonized Commodity Description and Coding System; 
6. indirect material  means a good used in the production, testing or inspection of a good but 
not physically incorporated into the good, or a g ood used in the maintenance of buildings or the 
operation of equipment associated with the production of a good, including: 
(a) fuel and energy; 
(b) tools, dies, and molds; 
(c) spare parts and materials used in the maintenance of equipment and buildings; 
(d) lubricants, greases, compounding materials, and other materials used in production or 
used to operate equipment and buildings; 
(e) gloves, glasses, footwear, clothing, safety equipment, and supplies; 
(f) equipment, devices, and supplies used for testing or inspecting the goods; 
(g) catalysts and solvents; and 
(h) any other goods that are not incorporated into the good but whose use in the 
production of the good can reasonably be de monstrated to be a part of that 
production; 
7. material  means a good that is used in the production of another good; 
8. material that is self-produced  means a good, such as a part or ingredient, produced by the 
producer and used by the producer in the production of another good 
9. non-originating material  means a material that has not satisfied the requirements of this 
Chapter; 
10. preferential treatment  means the customs duty rate and treatment under Article 2.8 
(Merchandise Processing Fee) that is applicable to  an originating good pursuant to this Agreement; 
11. producer  means a person who grows, raises, mines, harvests, fishes, traps, hunts, 
manufactures, processes, assembles or disassembles a good; 
12. production  means growing, raising, mining, harvesting, fishing, trapping, hunting, 
manufacturing, processing, assembling or disassembling a good; 
13. recovered goods  means materials in the form of individual parts that result from: 
(a) the complete disassembly of used go ods into individual parts; and  WT/REG161/1 
 Page 21 
 
 
(b) the cleaning, inspecting, or testing, and as necessary for improvement to sound 
working condition one or more of the follo wing processes: welding, flame spraying, 
surface machining, knurling, plating, sleeving, and rewinding in order for such parts to be assembled with other parts, including other recovered parts in the production of 
a remanufactured good of Annex 3C; 
14. remanufactured good  means an industrial good assembled in the territory of a Party, 
designated under Annex 3C, that: 
(a) is entirely or partially comprised of recovered goods; 
(b) has the same life expectancy and meets the same performance standards as a new 
good; and 
(c) enjoys the same factory warranty as such a new good; and  
15. used  means used or consumed in the production of goods.  
 
Section E : Application And Interpretation
 
 
Article 3.20 
 
Application And Interpretation  
  For purposes of this Chapter:  
(a) the basis for tariff classification is the Harmonized System; 
(b) any cost and value referred to in this Ch apter shall be recorded and maintained in 
accordance with the generally accepted accounting principles applicable in the territory of the Party in which the good is produced. 
 
ANNEX 3A 
 
Product-Specific Rules
 
  Annex 3A is attached as a separate volume.  
 
ANNEX 3B 
 
Integrated Sourcing Initiative
 
 
 Annex 3B is attached as a separate volume. 
 
 
ANNEX 3C 
 
Remanufactured Goods  
 
 Annex 3C is attached as a separate volume.  WT/REG161/1 
Page 22  
 
CHAPTER 4 : CUSTOMS ADMINISTRATION 
 
Article 4.1 
 
Publication And Notification
 
 
1. Each Party shall ensure that its laws, regula tions, guidelines, procedures, and administrative 
rulings governing customs matters are promptly publis hed, either on the Internet or in print form. 
2. Each Party shall designate, establish, and main tain one or more inquiry points to address 
inquiries from interested persons pertaining to cu stoms matters, and shall make available on the 
Internet information concerning pro cedures for making such inquiries. 
3. To the extent possible, each Party shall: 
(a) publish in advance any regulation governi ng customs matters that it proposes to 
adopt; and 
(b) provide interested persons and the other Party a reasonable opportunity to comment 
on such proposed regulations. 
4. Nothing in this Article shall require a Part y to publish law enforcement procedures and 
internal operational guidelines including those relate d to conducting risk analysis and targeting 
technologies, if the Party considers that publication would impede law enforcement. 
Article 4.2 
 
Administration  
 1. Each Party shall administer in a uniform, im partial, and reasonabl e manner all its laws, 
regulations, decisions, and ruli ngs governing customs matters. 
2. Each Party shall ensure that its laws and regulations governing customs matters are not 
prepared, adopted, or applied with a view to or w ith the effect of creating arbitrary or unwarranted 
procedural obstacles to international trade. 
Article 4.3 
 
Advance Rulings
 
 
1. Each Party shall provide for the issuance of wr itten advance rulings to a person described in 
subparagraph 2(a) concerning tariff classification, questions arising from the application of the 
Customs Valuation Agreement, country of origin , and the qualification of a good as an originating 
good under this Agreement. 
2. Each Party shall adopt or maintain procedur es for the issuance of advance rulings that: 
(a) provide that an importer in its territory or an exporter or producer in the territory of 
the other Party may request such a ruling prior to the importation in question; 
(b) include a detailed description of the inform ation required to process a request for an 
advance ruling; and  WT/REG161/1 
 Page 23 
 
 
(c) provide that the advance ruling be based on the facts and circumstances presented by 
the person requesting the ruling. 
3. Each Party shall provide that its customs authorities: 
(a) may request, at any time during the course of evaluating a request for an advance 
ruling, additional information n ecessary to evaluate the request; 
(b) shall issue the advance ruling expeditiously , and within 120 days after obtaining all 
necessary information; and 
(c) shall provide, upon request of the person who requested the advance ruling, a full 
explanation of the reasons for the ruling. 
4. Subject to paragraph 5, each Party shall appl y an advance ruling to importations into its 
territory beginning on the date of issuance of the ruli ng or such date as may be specified in the ruling. 
The treatment provided by the adva nce ruling shall be applied to importations without regard to the 
identity of the importer, exporter, or producer, provi ded that the facts and ci rcumstances are identical 
in all material respects. 
5. A Party may modify or revoke an advance ru ling upon a determination that the ruling was 
based on an error of fact or law, or if there is a change in law consistent with this Agreement, a 
material fact, or circumstances on which the ruli ng is based. The issuing Party shall postpone the 
effective date of such modification or revocati on for a period of not less than 60 days where the 
person to whom the ruling was issued has relied in good faith on that ruling. 
Article 4.4 
 
Review And Appeal  
 1. With respect to determinations relating to cu stoms matters, each Party shall provide that 
importers in its territory have access to: 
(a) at least one level of administrative review of determinations by its customs authorities 
independent of the official or office responsible for the decision under review ;
4-1 and 
(b) judicial review of decisions taken at the final level of administrative review. 
Article 4.5 
 
Cooperation  
 
1. Each Party shall endeavour to provide the othe r Party with advance notice of any significant 
modification of administrative policy or other simila r development related to its laws or regulations 
governing importations that is likely to substan tially affect the operation of this Agreement. 
2. The Parties shall through their competent aut horities and in accordance with this Chapter, 
cooperate in achieving compliance with their r espective laws or regulations pertaining to: 
(a) implementation and operati on of this Agreement; 
                                                      
4-1 For Singapore, this level of administrative re view may include the Ministry supervising the 
Customs authority. WT/REG161/1 
Page 24  
 
(b) restrictions and prohibitions on imports or exports; and 
(c) other issues that the Parties may agree. 
3. Where a Party has a reasonable suspicion of unlawf ul activity related to its laws or regulations 
governing importations, it may request the other Part y to provide the following types of information 
pertaining to trade transactions relevant to that ac tivity that took place no more than five years before 
the date of the request, or from the date of discove ry of the apparent offence in cases of fraud and in 
other cases on which the Parties may agree: 
(a) the name and address of the importer, e xporter, manufacturer, buyer, vendor, broker, 
or transporter; 
(b) shipping information relating to container num ber, size, port of loading before arrival, 
destination port after departure, name of vessel and carrier, the country of origin, 
place of export, mode of transportation, port of entry of the goods, and cargo description; and 
(c) classification number, quantity, unit of measure, declared value, and tariff treatment. 
The requesting Party shall make its request in writing; shall specify the grounds for reasonable 
suspicion and the purposes for which the informat ion is sought; and shall identify the requested 
information with sufficient specificity for the othe r party to locate and provide the information. For 
example, the requesting Party may identify the importe r, exporter, country of origin, the time period, 
port or ports of entry, cargo description, or Harmoni zed System number applicable to the importation 
or exportation in question.  
4. For purposes of paragraph 3, a reasonable suspicion of unlawful activity means a suspicion 
based on one or more of the following types of re levant factual information obtained from public or 
private sources: 
(a) historical evidence that a specific importer, exporter, manufacturer, producer, or other 
company involved in the movement of goods  from the territory of one Party to the 
territory of the other Party has not comp lied with a Party's laws or regulations 
governing importations; 
(b) historical evidence that some or all of th e enterprises involved in the movement from 
the territory of one Party to the territory of the other Party of goods within a specific product sector where goods are moving from the territory of one Party to the territory of the other Party has not complied with a Party's laws or regulations governing 
importations; or 
(c) other information that the Parties agree is sufficient in the context of a particular 
request. 
5. The other Party shall respond by providing ava ilable information that is material to the 
request. 
6. Each Party shall also endeavour to provide th e other Party with any other information that 
would assist in determining whether imports from or exports to the other Party are in compliance with 
applicable domestic laws or re gulations governing importations, in cluding those related to the 
prevention or investigation of unlawful shipments.  WT/REG161/1 
 Page 25 
 
 
7. The Parties shall endeavour to provide each other technical advice and assistance for the 
purpose of improving risk assessment techniques, si mplifying and expediting customs procedures, 
advancing the technical skill of pe rsonnel, and enhancing the use of technologies that can lead to 
improved compliance with laws or regulations governing importations. 
8. The Parties shall use their best efforts to e xplore additional avenues of cooperation for the 
purpose of enhancing each Party's ability to enforce its laws or regulations  governing importations, 
including by examining the establishment and main tenance of other channels of communication to 
facilitate the secure and rapid exchange of informat ion, and considering efforts to improve effective 
coordination on importation issues, building upon the mechanisms established in this Article and the 
cooperation established under any other relevant agreements. 
Article 4.6 
 
Confidentiality  
 1. Where a Party providing information to the ot her Party in accordan ce with this Chapter 
designates the information as confidential, the othe r Party shall maintain the confidentiality of the 
information. The Party providing the information may require written assurances from the other Party 
prior to forwarding information that such informat ion will be held in confidence, used only for the 
purposes requested, and not disclosed without specific permission of the Party providing the information, in accordance with its laws and re gulations, except where the Parties agree that the 
information may be used or disclosed for law en forcement purposes or in the context of judicial 
proceedings. 
2. A Party may decline to provide information re quested by the other Party where the other 
Party has failed to act in conformity with  the assurances referred to in paragraph 1. 
3. Each Party shall maintain procedures to ensure  that confidential information, including 
information the disclosure of which could prejud ice the competitive position of the person providing 
the information, submitted in connection with the Pa rty's administration of its import and export laws 
is entitled to treatment as confidential informati on and protected from unauthorized disclosure. 
Article 4.7 
 
Penalties
 
 
 Each Party shall adopt or maintain measures that provide for the imposition of civil or 
administrative penalties and, where appropriate, criminal penalties, for violations of its customs laws and regulations governing classification, valuation, c ountry of origin, and eligibility for preferential 
treatment under this Agreement.  
Article 4.8 
 
Release And Security
 
 1. Each Party shall adopt or maintain procedures: 
(a) providing for the release of goods within a period of time no greater than that 
required to ensure compliance with its customs laws; 
(b) allowing, to the extent possible, goods to be released within 48 hours of arrival; WT/REG161/1 
Page 26  
 
(c) allowing, to the extent possible, goods to be  released at the point of arrival, without 
interim transfer to customs warehouses or other locations; and 
(d) allowing importers who have complied with the procedures that the Party may have 
relating to the determination of value a nd payment of duty to withdraw goods from 
customs, but may require importers to provide security as a condition to the release of 
goods, when such security is required to ensu re that obligations arising from the entry 
of the goods will be fulfilled. 
2. Each Party shall: 
(a) ensure that the amount of any security is no gr eater than that required to ensure that 
obligations arising from the importation of the goods will be fulfilled, and, where 
applicable, not in excess of the amount  chargeable, based on tariff rates under 
domestic and international law, including this Agreement, and on valuation in 
accordance with the Custom s Valuation Agreement; 
(b) ensure that any security shall be discharged as soon as possible after its customs 
authorities are satisfied that the obligati ons arising from the importation of the goods 
have been fulfilled; and 
(c) shall adopt procedures allowing: 
(i) importers to provide security such as bank guarantees, bonds, or other non-
cash financial instruments; 
(ii) importers that regularly enter goods to provide security such as standing bank 
guarantees, continuous bonds or ot her non-cash financial instruments 
covering multiple entries; and 
(iii) importers to provide security in any other forms specified by its customs 
authorities. 
Article 4.9 
 
Risk Assessment
 
  Each Party shall employ risk management sy stems that enable its customs authorities to 
concentrate inspection activities on high-risk goods and that facilitate the movement of low-risk 
goods, including systems which allow for the processing of information regarding an importation prior to the arrival of the imported goods. 
 
Article 4.10 
 
Express Shipments
 
 
 Each Party shall ensure efficient clearance of  all shipments, while maintaining appropriate 
control and customs selection. In the event that a Party's existing system does not ensure efficient 
clearance, it should adopt procedures to exped ite express shipments. Such procedures shall: 
 
(a) provide for pre-arrival processing of info rmation related to express shipments; 
(b) permit, as a condition for release, the subm ission of a single document in the form 
that the Party considers appropriate, such as a single manifest or a single declaration,  WT/REG161/1 
 Page 27 
 
 
covering all of the goods in the shipment by an express service company, through, if possible, electronic means; 
(c) provide, where possible, for deferred payment of duties, taxes, and fees with 
appropriate guarantees; 
(d) minimize, to the extent possible, the documentation required for the release of 
express shipments; and 
(e) allow, in normal circumstances, for an expr ess shipment to be released within six 
hours of the submission of necessary customs documentation. 
Article 4.11 
 
Definitions
 
  For purposes of this Chapter, customs matters  means matters pertaining to the classification 
and valuation of goods for customs duty purposes, rat es of duty, country of origin, and eligibility for 
preferential treatment under this Agreement, and al l other procedural and s ubstantive requirements, 
restrictions, and prohibitions on imports or expor ts, including such matters pertaining to goods 
imported or exported by or on beha lf of travellers. Customs matters  do not include matters pertaining 
to antidumping or countervailing duties.   
CHAPTER 5 : TEXTILES AND APPAREL 
 
Article 5.1 
 
Scope
 
 
1. This Chapter applies to measures adopted or ma intained by a Party, including administrative, 
judicial, and enforcement actions by a Party, and to  cooperation between the Parties, relating to trade 
in textile and apparel goods. 
2. Singapore's obligations under this Chapte r with respect to enterprises cover: 
(a) conduct of enterprises in Singapore, including: 
(i) production, processing, or manipulation of  textile or apparel goods in its 
territory, including in a free trade zone, 
(ii) importation of such goods into its territo ry, including into a free trade zone or 
(iii) exportation of such goods from its territory, including from a free trade zone; 
and 
(b) conduct of enterprises operating under the Outward Processing Arrangement,  
as well as maintenance of records and documents by such enterprises in Singapore that may be 
relevant to determining the existe nce or extent of circumvention. 
 3. In the event of any inconsistency between this Chapter and another Chapter of this 
Agreement, this Chapter shall prevail to the extent of the inconsistency. WT/REG161/1 
Page 28  
 
Article 5.2 
 
Anti-Circumvention
 
 1. The details of cooperation on matt ers relating to textile and appa rel goods are as stated in this 
Chapter. Each Party shall take n ecessary and appropriate measures, including administrative, judicial 
and enforcement action: 
(a) to aggressively enforce its laws relating to circumvention; 
(b) to actively cooperate with the other Party in  the enforcement of the other Party's laws 
relating to circumvention; and 
(c) to prevent circumvention. 
2. In furtherance of paragraph 1, each Part y shall maintain or adopt laws that: 
(a) authorize its officials to take action to  deter circumvention and to carry out 
obligations under this Chapter rela ting to information sharing; and 
(b) establish criminal penalties, and civil or administrative penalties, that effectively 
deter circumvention. 
Article 5.3 
 
Monitoring
 
 1. Singapore shall establish and maintain program s to monitor the importation, production, 
exportation, and processing or manipulation in a free trade zone of textile and apparel goods, as 
specified in this Article. These programs shall pr ovide the information necessary for each Party to 
ascertain whether a violation of its laws relating to  trade in textile and apparel goods or an act of 
circumvention is occurring or has occurred. 
2. Singapore shall institute a registration system c overing all enterprises operating in its territory 
or operating under the Outward Processing Arrangeme nt and that are engaged in the production of 
textile or apparel goods or the export to the Unite d States of such goods that a person claims as 
originating goods or marks as products of Singapore. 
3. Singapore shall register enterprises under the syst em described in paragraph 2 for terms of up 
to two years, subject to renewals of up to two years at a time. Singapore shall not authorize a textile or 
apparel good that a person claims as an originat ing good or marks as a product of Singapore to be 
exported to the United States unless the good is produced  by a registered enterprise and exported by a 
registered enterprise. 
4. Singapore shall establish and maintain a program to  verify that textile and apparel goods that 
a person claims as originating goods or marks as products of Singapore and that are exported to the 
United States are produced by registered enterprise s. This program shall include on-site government 
inspections of such enterprises at least twice a year and without prior notice to verify that they comply 
with laws of Singapore relating to trade in textile  and apparel goods and th at their production of and 
capability to produce such goods are consistent with cl aims regarding the origin of such goods. Under 
this program, Singapore shall provide to the United States: 
(a) within 14 days of the completion of each such inspection, a written report regarding 
the results of that inspection, includin g any conduct discovered as a result of the  WT/REG161/1 
 Page 29 
 
 
inspection that Singapore believes to be a viol ation of either Party's laws relating to 
circumvention, and 
(b) each year, a written report summarizing the results of all such inspections on an 
enterprise-by-enterprise basis. 
The first report under subparagraph (b ) shall be submitted no later than  12 months after this Chapter 
takes effect. Singapore shall designate any informati on in reports under subparagraph (a) or (b) that it 
considers to be confidential.  5. For each shipment of textile or apparel goods  that a registered enterprise produces for 
exportation to the United States or exports to the Un ited States, Singapore shall require the enterprise 
to maintain in Singapore records relating to such production or exportation for a period of five years 
from the date on which such records are created . Singapore also shall require each registered 
enterprise that produces textile or apparel goods to maintain in Singapore records relating to its 
production capabilities in general, the number of pe rsons it employs, and any other records and 
information sufficient to allow officials of each Party to verify the enterprise's production and 
exportation of textile or  apparel goods, including: 
(a) records demonstrating that the materials used to produce or assemble textile and 
apparel goods were obtained or produced by  the enterprise and were available for 
production, such as: 
(i) bills of lading from the persons that supplied the materials; 
(ii) customs clearance records or equivale nt records if the materials were 
imported into Singapore; and 
(iii) transaction records, including: 
   (A) commercial invoices, if the materials were purchased, 
    (B) transfer records, 
 
 (C) mill certificates if the materials were spun, extruded (for yarns) or 
woven, knitted or formed by any other fabric forming process (for 
example, tufting) by an enterprise of Singapore, 
  (D) production records if the register ed enterprise produced the materials, 
and 
  (E) purchase orders if the materials were imported from a foreign 
producer, broker, trader, or other intermediary; 
 
(b) with respect to textile and apparel goods the enterprise ha s produced that  are claimed 
as originating goods or marked as products  of Singapore, production records that 
substantiate the claim or marking, such as: 
(i) cutting records for products assembled from cut components; 
(ii) assembly or production records that th e production manager maintains on the 
factory floor that document daily production, including workers' daily 
production records, wage records, produ ction steps, and sewing tickets; and WT/REG161/1 
Page 30  
 
(iii) employee time cards, payment records, or other documentation showing 
which employees were working, how long they worked, and what work they 
performed during the period the goods were produced; 
(c) with respect to textile and apparel goods th at a subcontractor has produced in whole 
or in part for the enterprise and that are claimed as originating goods or marked as 
products of Singapore, records that substantiate the claim, such as: 
(i) cutting records for products assembled from cut components; 
(ii) if partially assembled by the subcontra ctor, production records documenting 
the partial assembly; 
(iii) bills of lading; and 
(iv) transfer documents to the shipper or pr imary contractor and proof of payment 
by the shipper or primary contractor for the work done; and 
(d) records establishing which production processes took place outside the territory of 
Singapore, if a portion of the processing or operations was conducted there under the Outward Processing Arrangement, such as: 
(i) records demonstrating export from Si ngapore of materials, components, 
subassemblies or finished goods for processing; and 
(ii) customs records or records containing equivalent information, such as cargo 
manifests, showing re-importation into Singapore of the goods after processing. 
6. Singapore shall establish and maintain a program to  ensure that textile and apparel goods that 
are imported into or exported from Singapore or that are processed or manipulated in a free trade zone 
in Singapore en route to the United States are marked  with the correct country of origin and that the 
documents accompanying the goods accurately describ e the goods. This program shall provide for: 
(a) immediate referral by Singapore officials of suspected violations of either Party's 
laws relating to intentional circumvention to the appropriate enforcement authorities; 
and 
(b) not later than 14 days after the resolution of the matter,
5-1 issuance by Singapore to 
the United States of a written report of 
(i) each violation of a law of Singapore relating to circumvention, including a 
failure to maintain or produce records, and 
(ii) any other act of circumvention; 
  involving textile or apparel goods destin ed for the United States, occurring in the 
territory of Singapore, and resulting in enforcement action by Singapore. In each case, the report shall state the enforcement acti on taken and the ultimate resolution of the 
matter. Singapore shall designate in the re port any information it considers to be 
confidential, except that, at a minimum, Singapore may not designate the name of any 
                                                     
 
5-1 For purposes of this paragraph, the term "resolution of the matter" means, with regard to the 
violation or other act of circumvention in question, (1) a decision by Singapore not to prosecute, (2) a judgment, 
or (3) a settlement in accordance with the law.  WT/REG161/1 
 Page 31 
 
 
enterprise that its enforcement authorities have determined to have engaged in 
circumvention. 
 
Article 5.4 
 
Cooperation  
 
General 
 
1. In furtherance of Article 5.2.1(b), on request, a Party shall, in a manner consistent with its 
laws and procedures, 
(a) promptly obtain from an enterprise and provide to the other Party, to the extent 
available, all correspondence, reports, bills  of lading, invoices, order confirmations, 
and other documents or information, releva nt to circumvention, that the requesting 
Party considers may have taken place; and 
(b) facilitate the gathering by the other Part y's enforcement authorities of information 
relevant to circumvention, including, as a ppropriate, by conducting site visits or 
establishing contacts with persons in the Party's territory. 
Any request for cooperation under this Article shal l be made in writing and shall include a brief 
statement of the matter at issue and the cooperation requested.  Site Visits 
 
2. A Party seeking to conduct site visits in the te rritory of the other Party shall provide a written 
request to the host Party's competent authority not less than14 days before the proposed dates of the visits. The request shall identify the number of en terprises to be visited, the proposed dates of the 
visits, and the reason for the visits, but need not sp ecify the identities of the enterprises to be visited. 
3. The competent authority shall be prohibited from informing any person, other than officials of 
the host Party directly responsible for organizing the site visits, of the reque st and its contents. The 
host Party shall prohibit those officials and any other person in its territory from notifying an 
enterprise in advance of a visit. The responsible o fficials of the host Party shall seek permission to 
conduct a site visit from a responsible person at  the enterprise at the time of the visit. 
4. Responsible officials of the Party seeking to con duct site visits in the territory of the other 
Party shall conduct such visits together with respons ible officials of the host Party and in accordance 
with the laws of the host Party. On completion of a site visit, the requesting Party shall brief the 
responsible officials of the host Party and shall subs equently provide to that Party a written report of 
the results of the visit. The written report shall include: 
(a) the name of the enterprise visited; 
(b) for each shipment checked, information discovered relating to circumvention; 
(c) observations made at the enterpri se relating to circumvention; and 
(d) as relevant, an assessment of whether the ente rprise is maintaining records of the type 
described in Article 5.3.5 and can demonstr ate that its production of and capability to 
produce textile or apparel goods is consistent with claims that the textile or apparel 
goods it produces or has produced are originati ng goods or products of the host Party. WT/REG161/1 
Page 32  
 
5. If the responsible person at an enterprise proposed  to be visited denies permission for the site 
visit to occur: 
(a) the visit shall not occur; 
(b) the host Party shall not issue any visas or export licenses that may be required to 
accompany textile or apparel goods that the enterprise produces or exports when such 
goods are exported to the requesting Party,  until the host Party determines that the 
enterprise's production of and capability to produce such goods is consistent with 
claims that textile or apparel goods it produ ces or has produced are originating goods 
or products of the host Party; and 
(c) the requesting Party may deny entry of te xtile or apparel goods produced or exported 
by the enterprise until that Party determin es that the enterprise's production of and 
capability to produce such goods is consistent  with claims that textile or apparel 
goods it produces or has produced are originati ng goods or products of the host Party. 
6. Permission for a site visit shall be deemed to ha ve been denied if the enterprise does not allow 
the responsible officials of the requesting Party access to: 
(a) the enterprise's premises, including its production and storage areas and any other 
facilities; 
(b) any production records relating to: 
(i) textile or apparel goods that have be en exported to the territory of the 
requesting Party; 
(ii) the enterprise's production capabilities in general; and 
(iii) number of persons the enterprise employs; and 
(c) any other records or information, including records and information of the type 
described in Article 5.3, relevant to a determination of whether the enterprise's 
production of and capability to produce textile  or apparel goods are consistent with 
claims that the textile and apparel goods it produces or has produced are originating 
goods or products of the host Party. 
Establishing Facts 
 
7. If a Party suspects that circumvention has o ccurred, on its request the other Party shall 
facilitate the gathering of the facts necessary for the requesting Party to determine whether 
circumvention has occurred. If a Party determines th at circumvention has occurred, on its request the 
other Party shall facilitate the re questing Party's establishment of an y additional facts necessary to 
take enforcement action and to prevent circumventi on. This paragraph applies to circumvention or 
suspected circumvention with regard to importati on, exportation, processing or  manipulation in a free 
trade zone, or transshipment.
5-2 
                                                      
5-2 Singapore shall ensure that its officials have the authority to examine textile and apparel goods 
imported into Singapore, exported from Singapore, processed or manipulated in a free trade zone, or transhipped in Singapore en route to the United States, to ascertain that these goods correctly identify their country of origin, 
that the documents accompanying the goods correctly describe the goods, and that information that Singapore 
officials discover in the course  of such examinations may be shared with the United States.  WT/REG161/1 
 Page 33 
 
 
8. If a Party requests the other Party to examine tran shipped textile or apparel goods, its officials 
shall endeavour to examine such goods.5-3 
9. When a Party makes a request under paragraph 7 with respect to a particular shipment, it 
shall, to the extent possible, notify the other Party of: the importer, the exporter, the country of origin, 
the dates on which the shipment was entered, the por t or ports of entry, and the cargo description or 
Harmonized System subheading of the goods. 
Article 5.5 
 
Enforcement  
 
1. In furtherance of Article 5.2.1, each Party shall vigorously investigate claims of violations of 
laws relating to circumvention and, where appropr iate, bring enforcement action to address any such 
violations. 
2. If Singapore discovers conduct by an enterprise that it suspects is a violation of either Party's 
laws relating to circumvention, and the conduct has not been noted in a report under Article 5.3.4, 
Singapore shall note the conduct in a report provided to the United States not later than 14 days after 
the discovery. If Singapore suspects that the conduct noted in a report under either the first sentence 
of this paragraph or Article 5.3.4 involves intentio nal circumvention, it shall immediately investigate 
and report the results of the investigation to the Un ited States within 14 days of the conclusion of the 
investigation. In that case, Singapore shall also imme diately initiate a detailed review of all textile and 
apparel goods that the enterprise has produced for e xportation to the United States or exported to the 
United States during the six months preceding th e date that Singapore discovered the conduct. 
Singapore shall prepare a report describing the results of that review and shall transmit that report to 
the United States no later than 60 days after it provi des the report called for under the first sentence of 
this paragraph or under Article 5.3.4. The Parties may agree, in light of the facts of a particular 
review, to extend this 60-day period. 
3. A report describing the results of a review of  textile and apparel goods  conducted pursuant to 
paragraph 2 shall include the following: 
(a) the name and address of the enterprise investigated; 
(b) the nature of the suspected violation (for example, failure to maintain adequate 
production records, or making false statemen ts relating to country of origin or 
production); 
(c) a brief description of the evidence of a violation; 
(d) any penalty imposed or other action taken; 
(e) the identification numbers of the visas or export licenses corresponding to the goods 
and of all visas or export licenses that Singapore has issued to the enterprise during the 12 months before the date on which the conduct was discovered. If no visa or 
export license numbers are available, the report shall include the invoice number and 
date of export for each exportation of goods to the United States; 
                                                     
 
5-3 With regard to transhipped textile or apparel good s that are not claimed to be originating goods or 
products of Singapore, and that do not undergo processing or manipulation in a free trade zone, Singapore is not 
required to take any action other than to share information about such goods with the United States. WT/REG161/1 
Page 34  
 
(f) the product category, description, and qua ntity of the goods included in the 
exportations to the United States; and 
(g) purchase orders, bills of lading, contracts, payment records, invoices, and other 
records indicating the origin of the goods included in the exportations to the United 
States, and information identifying the impor ter of those goods in the United States, if 
Singapore possesses such information. 
4. If Singapore finds that an enterprise has engaged in intentional circumve ntion, it shall take 
effective enforcement action, which shall include denying permission for an appropriate period for 
textile or apparel goods that the enterprise produces or exports to be exported to the United States. 
5. (a) If a Party finds that an enterprise in its territory or operating under the Outward 
Processing Arrangement: 
(i) has failed to maintain or produce record s in accordance with the Party's laws 
adopted or maintained in accordance with this Chapter,
5-4 or 
(ii) has engaged in conduct incons istent with the Party's law that was intended to 
or did in fact result in circumvention, 
and if the Party requires a visa or export li cense to accompany exportations of textile 
or apparel goods to the territory of the othe r Party, then beginning on the date of the 
finding, the Party shall not issue, for a period at least as long as the applicable period described in paragraph 6, such a vi sa or export license to the enterprise. 
 
(b) If the United States finds that an enterpri se of Singapore has engaged in intentional 
circumvention, then beginning on the date of the finding it may deny entry into the 
United States, during a period no longer th an the applicable period described in 
paragraph 6, of textile or apparel goods that the enterprise has produced or exported. 
6. (a) With respect to a first finding under para graph 5(a) or a first finding under paragraph 
5(b), the applicable period is six months. 
(b) With respect to a second finding under paragraph 5(a) or a second finding under 
paragraph 5(b), the applicable period is two years. 
(c) With respect to any further finding under para graph 5(a) or 5(b), the applicable period 
shall be two years, except that where meas ures a Party imposed with respect to the 
enterprise as a result of an earlier finding u nder paragraph 5(a) or 5(b) are still in 
effect, the applicable period shall be exte nded by the period remaining before those 
measures expire. 
Article 5.6 
 
Information Sharing
 
 
1. Within three months after the date this Chap ter takes effect, Singapore shall notify the United 
States in writing of the names of all registered enterprises. Thereafter, Singapore shall provide the names of any newly registered, de-registered, or re -registered enterprises in written, quarterly updates 
to the United States. 
                                                     
 
5-4 A Party is not required to take action under this paragraph if it finds that an enterprise's failure to 
maintain or produce records is the resu lt of clerical error or inadvertence.  WT/REG161/1 
 Page 35 
 
 
2. At the time Singapore notifies the United States of a registered enterprise, it shall supply 
profile information to the United States regarding the enterprise, and shall update the information 
annually. This information shall include: 
(a) name of the enterprise; 
(b) address of the enterprise and locations of its facilities in Singapore, and, for an 
enterprise operating under the Outward Processing Arrangement, location of its 
facilities, whether in Singapore or outside of Singapore, involved in the production of 
textile or apparel goods claimed to be orig inating goods or marked as products of 
Singapore or export of such goods to the United States; 
(c) telephone number, fax number, and e-mail address; 
(d) statement of whether the enterprise is owned by Singapore persons, non-Singapore 
persons, or both; 
(e) names of: 
(i) the directors and their respective positions within the enterprise, and 
(ii) the owners, in the case of an ente rprise that is not incorporated; 
(f) number of workers, skill sets (occupations), wages, hours of work, and minimum age 
for employment; 
(g) number and type of machines the enterprise uses to produce textile or apparel goods; 
(h) production capacity of the enterprise and identif ication of textile or apparel goods the 
enterprise produces; and 
(i) names of customers in the United States. 
Article 5.7 
 
Confidentiality  
 1. Except as otherwise provided in this Chapter, ea ch Party shall maintain the confidentiality of 
non-publicly available information, including busine ss confidential information, that the other Party 
provides to it in accordance with this Chapter and has designated as confidential, unless the Party that 
provided the information gives permission for the information to be publicly disclosed. 
2. A Party shall not disclose to a non-Party for law enforcement purposes or in connection with 
judicial proceedings information relating to inte ntional circumvention that the other Party has 
provided to the Party pursuant to Article 5.3, 5.4, 5.5 or 5.6, unless the othe r Party consents to the 
disclosure. 
3. (a) Subject to subparagraph (b), nothing in  this Chapter shall prevent a Party from 
making public the name of an enterprise th at the Party has found to have engaged in 
intentional circumvention or that has failed to demonstrate its production of or capability to produce textile or apparel goods as provided under this Chapter. 
(b) If a Party makes public the name of an ente rprise as described in sub-paragraph (a) 
and the finding underl ying the disclosure is based on information provided by the WT/REG161/1 
Page 36  
 
other Party pursuant to Article 5.3, 5.4, 5.5 or 5.6, the Party making the disclosure 
shall not disclose the information provided by the other Party or the fact that it based its finding on information provided by the other Party, unless the other Party consents to the disclosure of such information or such fact. 
4. If a Party considers that the other Party has not  maintained the confidentiality of information 
as required under this Article, it may make a written re quest to the other Party for consultations. The 
Parties shall consult within 30 days after the re quest is delivered with a view to agreeing on 
appropriate steps to ensure compliance with this Article. 
Article 5.8 
 
Consultations And Related Matters
 
 1. A Party may request consultations with the ot her Party under this Article, with a view to 
seeking a mutually satisfactory solution, if it believes that: 
(a) the other Party is not complying with the te rms of this Agreement relating to textile 
and apparel goods; 
(b) circumvention relating to trade between the Parties is occurring; or 
(c) the other Party is failing to effectively en force its laws regarding circumvention. 
Unless the Parties agree otherwise, they shall co mmence consultations within 30 days of a Party's 
receipt of a written request by the other Party and co nclude consultations within 90 days of the Party's 
receipt of the written request. 
 
2. If the Parties are unable to reach a mutually sa tisfactory solution under paragraph 1 and the 
United States has presented to Singapore clear evid ence that circumvention has occurred, the United 
States may reduce the quantity of textile and appare l goods that may be imported into its territory 
from Singapore by an amount not to exceed three times the quantity of goods involved in the 
circumvention. In addition, the United States ma y revoke any preferential tariff treatment provided 
pursuant to this Agreement to the goods involved in the circumvention, and deny such treatment, for a 
period not to exceed four years, to any textile or  apparel goods produced by an enterprise found to 
have engaged in such circumvention, including a ny successor of the enterprise and any other entity 
owned or operated by a principal of the enterprise, if  such entity, of which that person is a principal, 
produces textile or apparel goods.
5-5 
Article 5.9 
 
Bilateral Textile And A pparel Safeguard Actions  
 1. Subject to paragraphs 2 through 7 and during th e transition period only, if, as a result of the 
reduction or elimination of a customs duty provided for in this Agreement, a textile or apparel good 
benefiting from preferential tariff tr eatment under this Agreement is be ing imported into the territory 
of a Party in such increased quantities, in absolute  terms or relative to the domestic market for that 
good, and under such conditions that imports of such good from the other Party constitute a 
substantial cause of serious damage or actual threat thereof, to a domestic industry producing a like or 
directly competitive good, the importing Party may,  to the extent and for such time as may be 
                                                     
 
5-5 For purposes of this paragraph, the term "principal" means a person with principal ownership or 
control of an enterprise.  WT/REG161/1 
 Page 37 
 
 
necessary to prevent or remedy the serious damage  and to facilitate adjustment by the domestic 
industry: 
(a) suspend the further reduction of any rate of  duty provided for under this Agreement 
on the good; or 
(b) increase the rate of duty on the good to a level not to exceed the lesser of: 
(i) the most-favoured-nation ("MFN") applied rate of duty in effect at the time 
the action is taken, and 
(ii) the MFN applied rate of duty in effect on the date of entry into force of this 
Agreement. 
2. In determining serious damage, or actual threat thereof, the Party: 
(a) shall examine the effect of increased imports on the particular industry, as reflected in 
changes in such relevant economic variab les as output, productivity, utilization of 
capacity, inventories, market share, exports, wages, employment, domestic prices, profits, and investment, none of which is necessarily decisive; and 
(b) shall not consider changes in technolo gy or consumer preference as factors 
supporting a determination of serious damage or actual threat thereof. 
3. A Party shall deliver without delay written notice of  its intent to take action under this Article 
to the other Party, and shall enter in to consultations with that Party. 
4. The following conditions and limitations appl y to any action taken under paragraph 1: 
(a) no action may be maintained for a period ex ceeding two years, except that the period 
may be extended by up to two years if the competent authorities of the Party applying 
the action determine, in conformity with the procedures set out in this Article, that the 
action continues to be necessary to prevent or  remedy serious damage and to facilitate 
adjustment by the domestic industry, and that  there is evidence that the industry is 
adjusting; 
(b) no action may be taken by a Party against an y particular good of the other Party more 
than once during the transition period; and 
(c) on termination of the action, the rate of duty shall be the rate that would have been in 
effect but for the action. 
5. The Party taking an action under paragraph 1 sh all provide to the Party against whose good 
the action is taken mutually agreed trade liberalizi ng compensation in the form of concessions having 
substantially equivalent trade effe cts or equivalent to the value of  the additional duties expected to 
result from the emergency action. Such concessions shall be limited to te xtile and apparel goods, 
unless the Parties otherwise agree. If the Parti es concerned are unable to agree on compensation 
within 30 days in the consultations under paragr aph 3, the exporting Party may take action with 
respect to textile and apparel goods of  the other Party that has trade effects substantially equivalent to 
the action taken under paragraph 1. The Party taki ng such action shall apply the action only for the 
minimum period necessary to achieve the substantially eq uivalent effects. However, the right to take 
such action shall not be exercised for the first 24 m onths that the action pursuant to paragraph 1 is in 
effect, provided that the action pursuant to paragrap h 1 has been applied as a result of an absolute 
increase in imports and that such emergency action conforms to the provisions of this Article. WT/REG161/1 
Page 38  
 
6. Nothing in this Article shall be construed to  affect a Party's rights and obligations under 
Chapter 7, except that an action under this Article shall be considered a " safeguard measure" for 
purposes of Article 7.2.7 (Conditions and Limitations).  Nothing in Chapter 7 shall be construed to 
affect a Party's rights and obligations under this Article. 
7. Nothing in this Article shall be construed to lim it the ability of a Party to restrain imports of 
textile and apparel goods in a ma nner consistent with the WTO Agreement on Textiles and Clothing 
or the WTO Agreement on Safeguards. 
8. For purposes of this Article: 
(a) substantial cause  means a cause that is important and not less than any other cause; 
(b) transition period  means the 10-year period following entry into force of the terms of 
this Agreement relating to textile and apparel goods u nder Article 5.10. 
Article 5.10 
 
Effective Date
 
 
 The terms of this Agreement regarding textile and apparel goods shall ta ke effect on the date 
on which:  
(a) the Parties have consulted with regard to  their adoption or maintenance of laws 
necessary to implement this Chapter and have agreed that such laws are in place, and 
(b) the Parties have exchanged written notifi cations that their respective internal 
requirements for this Chapter to ta ke effect have been fulfilled, 
or on such other date as the Parties may agree. 
 
Article 5.11 
 
Definitions
 
  For purposes of this Chapter:  1. circumvention  means providing a false declaration or false information for the purpose of, or 
with the effect of, violating or evading existing cust oms, country of origin labelling, or trade laws of 
the respective Party relating to imports of textile and apparel goods, if such  action results in the 
avoidance of tariffs, quotas, embargoes, prohib itions, restrictions, trade remedies, including 
antidumping or countervailing duties, or safeguard measures, or in obtaining preferential tariff treatment. Examples of circumvention include ille gal transhipment; rerouting; fraud; false 
declarations concerning country of origin, Fiber c ontent, quantities, description, or classification; 
falsification of documents; and smuggling; 
2. free trade zone  means any area, designated under Singapore's Free Trade Zone Act or any 
successor act, used to store, assemble, mix, or othe rwise manipulate any goods or to carry out such 
manufacture, in accordance with such act; 
3. host Party  means the Party in whose territory a s ite visit requested under Article 5.4.2 is 
conducted;  WT/REG161/1 
 Page 39 
 
 
4. Outward Processing Arrangement  means the arrangement whereby a registered Singapore 
textile or apparel goods producer is permitted to process outside Singapore subsidiary or minor 
processes of its textile or apparel goods without affec ting the Singapore country of origin status of the 
textile or apparel goods; 
5. preferential tariff treatment  means the customs duty rate that is applicable to an originating 
good pursuant to Chapter 2; 
6. registered enterprise  means an enterprise that is a producer  or exporter of textile or apparel 
goods and that is registered by Singapore unde r the system described in Article 5.3.2; 
7. requesting Party  means the Party seeking to conduct a site visit under Article 5.4.2; 
8. textile or apparel good  means a product listed in the Annex to the WTO Agreement on 
Textiles and Clothing; and 
9. transhipment or transhipped  means the removal of a good from the conveyance on which it 
was brought into the territory of a Party and the placement of such good on the same or another 
conveyance for the purpose of taking it out of the te rritory of the Party, including when such good 
undergoes processing or manipulation in a free trade zone. 
 
CHAPTER 6 : TECHNICAL BARRIERS TO TRADE 
 
Article 6.1 
 
Scope  
 
 This Chapter applies to technical regula tions, standards, and conformity assessment 
procedures as defined in the WTO TBT Agreement.  
Article 6.2 
 
Enhanced Cooperation And Chapter 6 Coordinator
 
 1. With a view to facilitating trade in goods betw een them, the Parties should to the maximum 
extent possible seek to enhance their cooperation with  each other in the area of technical regulations, 
standards, and conformity assessment procedur es and to deepen the mutual understanding and 
awareness of each other's systems, including through: 
(a) exchanging information on technical re gulations, standards and conformity 
assessment procedures; 
(b) holding consultations to address and resolve any matters that may arise from the 
application of specific technical regulations, standards and conformity assessment 
procedures; 
(c) promoting the use of international standards by each Party in its technical regulations, 
standards and conformity assessment procedures; and 
(d) facilitating and promoting mechanisms rela ting to technical regulations, standards 
and conformity assessment procedures that would enhance and promote trade between the Parties, including mechanisms established at APEC and other plurilateral 
fora. WT/REG161/1 
Page 40  
 
2. In order to facilitate the cooperation described in paragraph 1, each Party shall designate a 
Chapter 6 Coordinator, which shall: 
(a) be responsible for coordinating with interest ed parties in the Party's territory in all 
matters pertaining to enhan ced cooperation under this Chapter, including with respect 
to proposals for enhanced cooperation and responses to such proposals; and 
(b) normally carry out its functions through agreed communication channels and meet 
with the other Party's Chapter 6 Coordinato r as and when they agree is necessary for 
the efficient and effective discharge of their functions. 
Article 6.3 
 
Conformity Assessment And Other Areas Of Mutual Interest
 
 1. Each Party shall take steps to implemen t Phase I and Phase II of the APEC Mutual 
Recognition Arrangement for Conformity Assessme nt of Telecommunications Equipment with 
respect to the other Party. 
2. The Parties should to the maximum extent possible also work towards enhancing the 
momentum of cooperation in line with their respectiv e bilateral, regional and plurilateral agreements, 
including the APEC work program on Standards a nd Conformance. To achieve this objective the 
Parties should to the maximum extent possible exam ine the feasibility of cooperating with each other 
on conformity assessment procedures and other areas of mutual interest, including agreements where the relevant authorities from both Parties are willing to do so. 
3. Each Party should to the maximum extent po ssible consider progress made on achieving the 
objectives of this Chapter during meetings of the Joint Committee established under Article 20.1 
(Joint Committee). 
4. The Parties establish the Medical Products Wo rking Group referred to in Article 20.1.2(b) 
(Joint Committee), as set out in Annex 6A to this Chapter. 
Article 6.4 
 
Definitions
 
  For purposes of this Chapter:  
1. WTO TBT Agreement  means the WTO Agreement on Technical Barriers to Trade; and 
2. APEC  means the Asia Pacific Economic Cooperation Forum. 
 
ANNEX 6A 
 
Working Group On Medical Products
 
 1. The Parties establish a Medical Products Work ing Group to promote the protection of public 
health through expeditious, science-based regul atory procedures for new medical products. The 
purpose of the Working Group is to provide a forum for cooperation on product regulation issues of mutual interest, to the extent permitted by resour ces, through means other than mutual recognition 
agreements or other binding commitments.  WT/REG161/1 
 Page 41 
 
 
2. The Working Group shall: 
(a) seek to ensure that regulatory procedures for the review of applications for marketing 
authorization with respect to new medical products are 
(i) expeditious, transparent, without conflict of interest, and non-discriminatory, 
(ii) based on generally-accepted internationa l scientific standards, such as the 
International Conference on Harmonization, and 
(iii) based only on the assessment of product quality, safety, and efficacy; 
(b) seek to ensure that the measures of each Pa rty that promote and protect public health 
through regulatory procedures for medical pr oducts are transparent and are developed 
through a process that 
(i) provides for effective notice to and comment by interested persons, and 
(ii) provides a meaningful opportunity for interested persons of the other Party to 
consult with FDA or HSA, as appropriate; and 
(c) provide a forum for consultation between the health authorities of each Party 
regarding matters of interest, including general scientific and regulatory policy and 
specific measures pertaining to the promotion and protection of public health through 
expeditious, science-based regulatory procedures. 
3. FDA and HSA shall chair the Working Group. The chairs shall be responsible for establishing 
the time and place for meetings of the Working Group and for developing the procedures for such 
meetings and other activities of the Working Group. Such procedures shall include that: 
(a) FDA shall report on the activities of the Working Group to the U.S. Secretary of 
Health and Human Services; 
(b) HSA shall report on the activities of the Working Group to the Singapore Minister for 
Health; and 
(c) the Working Group shall issue periodic repor ts to the Joint Committee established 
under Article 20.1 (Joint Committee). 
4. The Parties shall ensure that the activities of the Working Group do not preclude or interfere 
with other opportunities for meetings and cooperation between FDA and HSA. 
5. For purposes of this Annex: 
(a) FDA  means the United States Food and Drug Administration; 
(b) HSA  means the Health Sciences Authority of Singapore; and 
(c) Working Group  means the Medical Products Working Group comprising 
representatives of FDA and HSA. WT/REG161/1 
Page 42  
 
CHAPTER 7 : SAFEGUARDS 
 
Article 7.1 
 
Application Of A Bilateral Safeguard Measure
 
 
 Subject to Articles 7.2 through 7.5, if as a result of the reduction or elimination of a customs duty under this Agreement, an originating good of th e other Party is being imported into the territory 
of a Party in such increased quantities, in absolute  terms or relative to dom estic production, and under 
such conditions that the imports of such origina ting good from the other Part y constitute a substantial 
cause of serious injury or threat thereof, to a domestic industry producing a like or directly 
competitive good, such Party may:  
(a) suspend the further reduction of any rate of customs duty provided for under this 
Agreement for the good; 
(b) increase the rate of customs duty on the good to a level not to exceed the lesser of 
(i) the most-favoured-nation (MFN) applied rate  of duty on the good in effect at 
the time the action is taken, and 
(ii) the MFN applied rate of duty on the good in effect on the day immediately 
preceding the date of entry into force of this Agreement; or 
(c) in the case of a customs duty applied to a good on a seasonal basis, increase the rate 
of duty to a level not to exceed the lesser of  the MFN applied rate of duty that was in 
effect on the good for the immediately preceding corresponding season or the date of entry into force of this Agreement. 
Article 7.2 
 
Conditions And Limitations
 
  The following conditions and limitations shall a pply with regard to a measure described in 
Article 7.1:  1. A Party shall notify the other Party in writing upo n initiation of an investigation described in 
paragraph 2 and shall consult with the other Party as far in advance of taking any such measure as 
practicable, with a view to reviewing the informa tion arising from the investigation, exchanging views 
on the measure and reaching an agreement on compensa tion as set out in Article 7.4. If a Party takes a 
provisional measure pursuant to Article 7.3, the Part y shall also notify the other Party prior to taking 
such measure, and shall initiate c onsultations with the other Party i mmediately after such measure is 
taken. 
2. A Party shall take a measure only following an  investigation by that Party's competent 
authorities in accordance with Articles 3 and 4.2(c) of the WTO Agreement on Safeguards; and to this 
end, Articles 3 and 4.2(c) of the WTO Agreement on Safeguards are incorporated into and made a 
part of this Agreement, mutatis mutandis . 
3. In the investigation described in paragraph 2, a Party shall comply with the requirements of 
Article 4.2(a) and (b) of the WTO Agreement on Safe guards; and to this end, Article 4.2(a) and (b) 
are incorporated into and made  a part of this Agreement, mutatis mutandis .  WT/REG161/1 
 Page 43 
 
 
4. Negative injury determinations shall not be subject to modification, except pursuant to 
reviews by judicial or administrative tribunals, to  the extent provided under domestic legislation. 
5. The investigation shall in all cases be comple ted within one year following its date of 
institution. 
6. No measure may be maintained: 
(a) except to the extent and for such time as may be necessary to prevent or remedy 
serious injury and to facilitate adjustment; 
(b) for a period exceeding two years; except that the period may be extended by up to 
two years if the competent authorities determine, in conformity with the procedures set out in paragraphs 1 through 5, that the measure continues to be necessary to 
prevent or remedy serious injury and to facilitate adjustment and that there is 
evidence that the industry is adjusting; or 
(c) beyond the expiration of the transition peri od, except with the consent of the Party 
against whose originating good the measure is taken. 
7. No measure may be applied against the same originating good on which a measure has been 
taken or that has been subject  to any other safeguard measure
7-1 since the date of entry into force of 
the Agreement. 
8. Where the expected duration of the measure is over one year, the importing Party shall 
progressively liberalize it at regular inte rvals during the period of application. 
9. Upon the termination of the measure, the rate of customs duty shall be the rate which would 
have been in effect but for the measure. 
Article 7.3 
 
Provisional Measures  
  In critical circumstances where delay would cause damage which it would be difficult to 
repair, a Party may take a measure described in Article 7.1(a), (b) or (c) on a provisional basis 
pursuant to a preliminary determination that there is clear evidence that imports from the other Party 
have increased as the result of the reduction or e limination of a customs duty under this Agreement, 
and such imports constitute a substa ntial cause of serious injury, or threat thereof, to the domestic 
industry. The duration of such provisional measure  shall not exceed 200 days, during which time the 
requirements of Articles 7.2.2 and 7.2.3 shall be me t. Any tariff increases shall be promptly refunded 
if the investigation described in Article 7.2.2 do es not result in a finding that the requirements of 
Article 7.1 are met. The duration of any provisional  measure shall be counted as part of the period 
described in Article 7.2.6(b).  
Article 7.4 
 
Compensation
 
  The Party applying a measure described in Article 7.1 shall provide to the other Party 
mutually agreed trade liberalizing compensation in  the form of concessions having substantially 
                                                     
 
7-1 The Parties understand that "safeguard measure"  does not include antidumping or countervailing 
measures. WT/REG161/1 
Page 44  
 
equivalent trade effects or equivalent to the valu e of the additional duties expected to result from the 
measure. If the Parties are unable to agree on compen sation within 30 days in the consultations under 
Article 7.2, the Party against whose originating g ood the measure is applied may take action with 
respect to originating goods of the other Party that  has trade effects substantially equivalent to the 
measure described in Article 7.1. The Party taki ng such action shall apply the action only for the 
minimum period necessary to achieve the substantially  equivalent effects, and in any event, only 
while the measure under Article 7.1 is being applied.  
Article 7.5 
 
Global Safeguard Measures
 
  Each Party retains its rights and obligati ons under Article XIX of GATT 1994 and the WTO 
Agreement on Safeguards. This Agreement does not c onfer any additional rights or obligations on the 
Parties with regard to global safeguard measures,  except that a Party taking a global safeguard 
measure may exclude imports of an originating good  from the other Party if such imports are not a 
substantial cause of serious injury or threat thereof.  
Article 7.6 
 
Definitions
 
 
 For purposes of this Chapter:  1. domestic industry  means the producers as a whole of the like or directly competitive product 
operating in the territory of a Party, or those whose collective output of the like or directly 
competitive products constitutes a major proporti on of the total domestic  production of those 
products; 
2. global safeguard measure  means a measure applied under Article XIX of GATT 1994 and 
the WTO Agreement on Safeguards; 
3. serious injury  means a significant overall impairment in the position of a domestic industry; 
4. substantial cause  means a cause which is important and not less than any other cause; 
5. threat of serious injury  means serious injury that, on the basis of facts and not merely on 
allegation, conjecture or remote possibility, is clearly imminent; and 
6. transition period  means the ten-year period following en try into force of this Agreement. 
 
CHAPTER 8 : CROSS-BORDER TRADE IN SERVICES  
 
Article 8.1 
 
Definitions
 
  For purposes of this Chapter: 
 
1. central level of government  means 
(a) for the United States, the federal level of government; and  WT/REG161/1 
 Page 45 
 
 
(b) for Singapore, the national level of government; 
2. cross-border trade in services  or cross-border supply of services  means the supply of a 
service 
(a) from the territory of one Party into the territory of the other Party; 
(b) in the territory of one Party by a person of that Party to a person of the other Party; or 
(c) by a national of a Party in the territory of the other Party; 
but does not include the supply of a service in the territo ry of a Party by an investor of the other Party 
or a covered investment as defined in Article 15.1 (Definitions);  3. enterprise  means an entity constituted or organized under applicable law, whether or not for 
profit, and whether privately or governmentally owne d or controlled, including a corporation, trust, 
partnership, sole proprietorship, joint venture, associ ation, or similar organization and a branch of an 
enterprise; 
4. enterprise of a Party  means an enterprise organized or constituted under the laws of a Party 
and a branch located in the territory of a Party and carrying out business activities there; 
5. local level of government  means, for Singapore, entities with sub-national legislative or 
executive powers under domestic law, including Town Councils and Community Development 
Councils; 
6. professional services  means services, the provision of which requires specialized 
postsecondary education, or equivale nt training or experience, and for which the right to practice is 
granted or restricted by a Party, but does not incl ude services provided by trades-persons or vessel and 
aircraft crew members; 
7. regional level of government  means, for the United States, a state of the United States, the 
District of Columbia, or Puerto Rico; for Singapore, "regional level of government" is not applicable, as Singapore has no government at the regional level; 
8. service supplier  means a person of a Party that seeks to supply or supplies a service;
8-1 and 
9. specialty air services  means any non-transportation air services, such as aerial firefighting, 
sightseeing, spraying, surveying, mapping, phot ography, parachute jumping, glider towing and 
helicopter-lift for logging and constr uction, and other airborne agricultural, industrial, and inspection 
services. 
Article 8.2 
 
Scope And Coverage  
 1. (a) This Chapter applies to measures by a Pa rty affecting cross-border trade in ices by 
service suppliers of the other Party. 
(b) Measures covered by subparagraph (a ) include measures affecting: 
                                                     
 
8-1 The Parties understand that seeks to supply or supplies a service  has the same meaning as supplies 
a service  as used in GATS Article XXVIII(g ). The Parties understand that for purposes of Articles 8.3, 8.4, and 
8.5 of this Agreement, service su ppliers has the same meaning as services and service suppliers  as used in 
GATS Articles II, XVI, and XVII. WT/REG161/1 
Page 46  
 
(i) the production, distribution, marketing, sale and delivery of a service;  
(ii) the purchase or use of, or payment for, a service; 
(iii) the access to and use of distribution, transport, or telecommunications 
networks and services in connection with the supply of a service; and 
(iv) the provision of a bond or other form of financial security as a condition for 
the supply of a service. 
(c) For purposes of this Chapter, measures by a Party  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. 
2. Articles 8.5, 8.8 and 8.12 also apply to measures by a Party affecting the supply of a service in 
its territory by an investor of the other Party or  a covered investment as defined in Article 15.1 
(Definitions).
8-2 
3. This Chapter does not apply to: 
(a) financial services as defined in Article 10. 20 (Definitions), except that paragraph 2 
shall apply where the service is supplied by an investor or investment of the other 
Party that is not an investor or an invest ment in a financial institution (as defined in 
Article 10.20.4) in the Party's territory; 
(b) government procurement; 
(c) air services, including domestic and international air transportation services, whether 
scheduled or non-scheduled, and related services in support of air services, other 
than: 
(i) aircraft repair and maintenance services during which an aircraft is 
withdrawn from service; and 
(ii) specialty air services; or 
(d) subsidies or grants provided by a Party, including government-supported loans, 
guarantees and insurance. 
4. This Chapter does not impose any obligation on a Party with respect to a national of the other 
Party seeking access to its employment market, or empl oyed on a permanent basis in its territory, and 
does not confer any right on that national with respect to that access or employment. 
5. (a) This Chapter does not apply to services supplied in the exercise of governmental 
authority within the territory of each respective Party. 
(b) For purposes of this Chapter, 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 service suppliers. 
                                                      
8-2 The Parties understand that nothing in this Chapter, including this paragraph, is subject to investor-
state dispute settlement pursuant to Section C of Chapter 15 (Investor-State Dispute Settlement).  WT/REG161/1 
 Page 47 
 
 
Article 8.3 
 
National Treatment  
 1. Each Party shall accord to service suppliers of the other Party treatment no less favourable 
than that it accords, in like circumst ances, to its own service suppliers. 
2. The treatment to be accorded by a Party under paragraph 1 means, with respect to a regional 
level of government, treatment no less favourable than the most favourable treatment accorded, in like 
circumstances, by that regional level of government to service suppliers of the Party of which it forms 
a part. 
Article 8.4 
 
Most-Favoured-Nation Treatment
 
  Each Party shall accord to service suppliers of the other Party treatment no less favourable 
than that it accords, in like circumstance s, to service suppliers of a non-Party. 
 
Article 8.5 
 
Market Access
 
 
 A Party shall not adopt or maintain, either on the basis of a regional subdivision or on the 
basis of its entire territory, measures that:  
(a) limit 
(i) the number of service suppliers whether in the form of numerical quotas, 
monopolies, exclusive service suppliers or the requirement of an economic 
needs test; 
(ii) the total value of service transactions or assets in the form of numerical 
quotas or the requirement of an economic needs test; 
(iii) the total number of service operations or the total quantity of services output 
expressed in terms of designated numerical units in the form of quotas or the 
requirement of an economic needs test;
8-3 
(iv) 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 necessary for, and directly related to, the supply of a specific service in the form of numerical quotas or the requirement of an economic needs test; and 
(b) restrict or require specific types of legal entity or joint venture through which a 
service supplier may supply a service. 
 
  
                                                     
 
8-3 This paragraph does not cover measures of a Party which limit inputs for the supply of services. WT/REG161/1 
Page 48  
 
Article 8.6 
 
Local Presence
 
  A Party shall not require a service supplier of  the other Party to establish or maintain a 
representative office or any form of enterprise, or to  be resident, in its territory as a condition for the 
cross-border supply of a service.  
Article 8.7 
 
Non-Conforming Measures
 
 1. Articles 8.3, 8.4, 8.5, and 8.6 do not apply to: 
(a) any existing non-conforming measure that is maintained by a Party at 
(i) the central level of government, as set out by that Party in its Schedule to 
Annex 8A; 
(ii) a regional level of government, as set out  by that Party in its Schedule to 
Annex 8A; and 
(iii) a local government level of government; 
(b) the continuation or prompt renewal of an y non-conforming measure referred to in 
subparagraph (a); or 
(c) an amendment to any non-conforming measure referred to in subparagraph (a) to the 
extent that the amendment does not decr ease the conformity of the measure, as it 
existed immediately before the amendment, with Articles 8.3, 8.4, 8.5, and 8.6. 
2. Articles 8.3, 8.4, 8.5, and 8.6 do not apply to any measure that  a Party adopts or maintains 
with respect to sectors, sub-sectors or activ ities as set out in its Schedule to Annex 8B. 
Article 8.8 
 
Domestic Regulation
 
 1. Where a Party requires authorization for the supply of a service, the Party's competent 
authorities shall, within a reasonable period of time after the submission of an application considered 
complete under domestic laws and regulations, inform the applican t of the decision concerning the 
application. At the request of the applicant, th e competent authorities of the party shall provide, 
without undue delay, information concerning the stat us of the application. This obligation shall not 
apply to authorization requirements that are within the scope of Article 8.7.2. 
2. With a view to ensuring that measures relating to qualification requirements and procedures, 
technical standards and licensing requirements do not constitute unnecessary barriers to trade in 
services, each Party shall endeavour to ensure, as appropriate for individual sectors, that such 
measures are: 
(a) based on objective and transparent criteria, such as competence and the ability to 
supply the service; 
(b) not more burdensome than necessary to en sure the quality of the service; and  WT/REG161/1 
 Page 49 
 
 
(c) in the case of licensing procedures, not in th emselves a restriction on the supply of 
the service. 
3. If the results of the negotiations related to Artic le VI:4 of GATS (or the results of any similar 
negotiations undertaken in other multila teral fora in which both Parties participate) enter into effect, 
this Article shall be amended, as appropriate, afte r consultations between the Parties, to bring those 
results into effect under this Agreement. The Part ies agree to coordinate on such negotiations, as 
appropriate. 
Article 8.9 
 
Recognition  
 
1. For the purposes of the fulfilment, in whole or in part, of its standards or criteria for the 
authorization, licensing or certification of servic es suppliers, and subject to the requirements of 
paragraph 4, a Party may recognize the education or experience obtained, requirements met, or 
licenses or certifications granted in a particular country, including the other Party and non-Parties. 
Such recognition, which may be achieved through harmonization or otherwise, may be based upon an 
agreement or arrangement with the country concerned or may be accorded autonomously. 
2. Where a Party recognizes, autonomously or by agreement or arrangement, the education or 
experience obtained, requirements met or licenses or  certifications granted in the territory of a non-
Party, nothing in Article 8.4 shall be construed to  require the Party to accord such recognition to the 
education or experience obtained, requirements met or licenses or certifications granted in the 
territory of the other Party. 
3. A Party that is a party to an agreement or arra ngement of the type referred to in paragraph 1, 
whether existing or future, shall afford adequate oppor tunity for the other Party, if the other Party is 
interested, to negotiate its accession to such an agr eement or arrangement or to negotiate comparable 
ones with it. Where a Party accords recognition auto nomously, it shall afford adequate opportunity for 
the other Party to demonstrate that education, experience, licenses, or certifications obtained or 
requirements met in that other Party's territory should be recognized. 
4. A Party shall not accord recognition in a manner which would constitute a means of 
discrimination between countries in the application of  its standards or criteria for the authorization, 
licensing or certification of services suppliers, or a disguised restriction on trade in services. 
5. Annex 8C applies to measures by a Party relating to the licensing or certification of 
professional service suppliers as set out in the provisions of that Annex. 
Article 8.10 
 
Transfers And Payments  
 
1. Each Party shall permit all transfers and paym ents relating to the cross-border supply of 
services to be made freely and without delay into and out of its territory.8-4 Such transfers and 
payments include: 
(a) payments for services; 
(b) funds taken abroad to consume a service; 
                                                      
8-4 The Parties understand that this Article does not extend to Singapore's requirements in relation to the 
Central Provident Fund regard ing the withdrawal of moni es from individual accounts. WT/REG161/1 
Page 50  
 
(c) interest, royalty payments, management fees, licensing fees, and technical assistance 
and other fees; 
(d) payments made under a contract; and 
(e) inflows of funds necessary to perform a service. 
2. Each Party shall permit such transfers and pa yments relating to the cross-border supply of 
services to be made in a freely usable currency at th e market rate of exchange prevailing on the date 
of transfer. 
3. Notwithstanding paragraphs 1 and 2, a Party may prevent a transfer or payment 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 securiti es, futures, options, or derivatives; 
(c) financial reporting or record keeping of  transfers when necessary to assist law 
enforcement or financial regulatory authorities; 
(d) criminal or penal offences; or 
(e) ensuring compliance with orders or judgments in judicial or administrative 
proceedings. 
Article 8.11 
 
Denial Of Benefits
 
  A Party may deny the benefits of this Chap ter to a service supplier of the other Party if: 
 
(a) the service is being supplied by an enterpri se owned or controlled by nationals of a 
non-Party and the denying Party: 
(i) does not maintain diplomatic relations with the non-Party; or 
(ii) adopts or maintains measures with respect to the non-Party that prohibit 
transactions with the enterprise or that would be violated or circumvented if 
the benefits of this Chapter were  accorded to the enterprise; or 
(b) the service is being supplied by an enterprise that has no substantial business 
activities in the territory of the other Party and it is owned or controlled by persons of 
a non-Party or the denying Party. 
Article 8.12 
 
Transparency In Development And Application Of Regulations
 
  In addition to the obligations  in Chapter 19 (Transparency): 
  WT/REG161/1 
 Page 51 
 
 
(a) Each Party shall maintain or establish appropriate mechanisms for responding to 
inquiries from interested persons regarding regulations8-5 relating to the subject matter 
of this Chapter and their requirements. 
(b) If a Party does not provide advance notice and comment pursuant to Article 19.3 , it 
shall, to the extent possible, provide by p ublicly available means the reasons therefor. 
(c) At the time it adopts final regulations relati ng to the subject matter of this Chapter, 
each Party shall, to the extent possible,  including upon request, address by publicly 
available means substantive comments receive d from interested persons with respect 
to the proposed regulations. 
(d) To the extent possible, each Party shall allow reasonable time between publication of 
final regulations and their effective date. 
Article 8.13 
 
Implementation  
 
 The Parties will meet annually, or as otherwi se agreed, on issues related to implementation of 
this Chapter and any issues of mutual interest.   
ANNEX 8A 
 
1. A Party's Schedule to this Annex sets out, pursuant to Articles 8.7.1 and 15.12.1 (Non-
Conforming Measures), a Party's existing measures that are not subject to some or all of the obligations imposed by: 
(a) Article 8.3 (National Treatment) or 15.4.1  (National Treatment and Most-Favoured-
Nation Treatment); 
(b) Article 8.4 (Most-Favoured-Nation Treatme nt) or 15.4.3 (National Treatment and 
Most-Favoured-Nation Treatment); 
(c) Article 8.5 (Market Access); 
(d) Article 8.6 (Local Presence); 
(e) Article 15.8 (Performance Requirements); or 
(f) Article 15.9 (Senior Management and Boards of Directors). 
2. Each Schedule entry sets out the following elements: 
(a) sector  refers to the sector for which the entry is made; 
(b) sub-sector , for Singapore, refers to the subsector for which the entry is made; 
(c) industry classification  refers, for Singapore, where applicable, to the activity 
covered by the non-conforming measure, according to the provisional CPC codes as 
                                                     
 
8-5 The Parties understand that "regulation" includes regulations establishing or applying to licensing 
authorization or criteria. WT/REG161/1 
Page 52  
 
used in the Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the 
United Nations, New York, 1991); 
(d) obligations concerned  specifies the obligation(s) referred to in paragraph 1 that, 
pursuant to Article 8.7.1 (a) (Non-C onforming Measures) or 15.12.1 (a) (Non-
Conforming Measures), as the case may be, do not apply to the listed measure(s); 
(e) level of government  indicates the level of government maintaining the listed 
measure(s); 
(f) measures  identifies the laws, regulations or other measures for which the entry is 
made. A measure cited in the measures  element: 
(i) means the measure as amended, continue d or renewed as of the date of entry 
into force of this Agreement, and 
(ii) includes any subordinate measure adopted or maintained under the authority 
of and consistent with the measure; 
(g) description , for Singapore, sets out the non-conf orming aspects of the measure for 
which the entry is made; and description , for the United States, provides a general, 
non-binding, description of the measures ; and 
(h) phase-out  sets out commitments, if any, for libera lization after the date of entry into 
force of this Agreement. 
3. In accordance with Article 8.7.1 (a) (Non-C onforming Measures) and 15.12.1 (a) (Non-
Conforming Measures), the articles of this Agreem ent specified in the "o bligations concerned" 
element of an entry do not apply to the law, regula tion or other measure identified in the "measures" 
or "description" element of that entry. 
4. Where a Party maintains a measure that requires that a service provider be a citizen, 
permanent resident, or resident of its territory as a condition to the provision of a service in its 
territory, a Schedule entry for that measure taken in the Schedule to Annex 8A or 8B with respect to 
Articles 8.3, 8.4 or 8.6 shall operate as a Schedul e entry with respect to Articles 15.4 (National 
Treatment and Most-Favoured-Nation Treatment) or15. 8 (Performance Requirements) to the extent of 
that measure. 
 
ANNEX 8B 
 
1. A Party's Schedule to this Annex sets out, pursuant to Articles 8.7.2 (Non-Conforming 
Measures) and 15.12.2 (Non-Conforming Measures), th e specific sectors, sub-sectors or activities for 
which that Party may maintain existing, or adopt  new or more restrictive, measures that do not 
conform with obligations imposed by: 
(a) Article 8.3 (National Treatment) or 15.4.1  (National Treatment and Most-Favoured-
Nation Treatment); 
(b) Article 8.4 (Most-Favoured-Nation Treatme nt) or 15.4.3 (National Treatment and 
Most-Favoured-Nation Treatment); 
(c) Article 8.5 (Market Access);  WT/REG161/1 
 Page 53 
 
 
(d) Article 8.6 (Local Presence); 
(e) Article 15.8 (Performance Requirements); or 
(f) Article 15.9 (Senior Management and Boards of Directors). 
2. Each Schedule entry sets out the following elements: 
(a) sector  refers to the sector for which the entry is made; 
(b) sub-sector , for Singapore, refers to the subsector for which the entry is made; 
(c) industry classification  refers, for Singapore, where applicable, to the activity 
covered by the non-conforming measure, according to the provisional CPC codes as used in the Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the 
United Nations, New York, 1991); 
(d) obligations concerned  specifies the obligation(s) referred to in paragraph 1 that, 
pursuant to Articles 8.7.2 (Non-Confor ming Measures) and Article 15.12.2 (Non-
Conforming Measures), do not apply to the sectors, sub-sectors or activities listed in the entry; 
(e) description  sets out the scope of the sector, sub-sector or activities covered by the 
entry; and 
(f) existing measures  identifies, for transparency pur poses, existing measures that apply 
to the sector, sub-sector or activities covered by the entry. 
3. In accordance with Articles 8.7.2 (Non-Conforming Measures) and 15.12.2 (Non-Conforming 
Measures), the articles of this Agreement specified in  the "obligations concerned" element of an entry 
do not apply to the sectors, sub-sectors and activities identified in the description element of that 
entry. 
ANNEX 8C 
 
Professional Services
 
 
Development Of Professional Standards 
 
1. The Parties shall encourage the relevant bodi es in their respective territories to develop 
mutually acceptable standards and criteria for licensing and certification of professional service providers and to provide recommendations on mutual recognition to the Joint Committee. 
2. The standards and criteria referred to in paragr aph 1 may be developed with regard to the 
following matters: 
(a) education - accreditation of schools or academic programs; 
(b) examinations - qualifying examinations fo r licensing, including alternative methods 
of assessment such as oral examinations and interviews; 
(c) experience - length and nature of experience required for licensing; WT/REG161/1 
Page 54  
 
(d) conduct and ethics - standards of professiona l conduct and the nature of disciplinary 
action for non-conformity with those standards; 
(e) professional development and re-certifica tion - continuing education and ongoing 
requirements to maintain professional certification; 
(f) scope of practice - extent of, or limitations on, permissible activities; 
(g) local knowledge - requirements for knowle dge of such matters as local laws, 
regulations, language, geog raphy or climate; and 
(h) consumer protection - alternatives to r esidency requirements, including bonding, 
professional liability insurance and client  restitution funds, to provide for the 
protection of consumers. 
3. On receipt of a recommendation referred to in paragraph 1, the Joint Committee shall review 
the recommendation within a reasonable time to de termine whether it is consistent with this 
Agreement. Based on the Joint Committee's review , each Party shall encourage its respective 
competent authorities, where appropriate, to implem ent the recommendation within a mutually agreed 
time. 
Temporary Licensing 
 
4. Where the Parties agree, each Party shall enc ourage the relevant bodies in its territory to 
develop procedures for the temporary licensing of professional service providers of another Party. 
Review 
 5. The Joint Committee shall, at least once every th ree years, review the implementation of this 
Section. 
 
CHAPTER 9 : TELECOMMUNICATIONS 
 
Article 9.1 
 
Scope And Coverage
 
 1. This Chapter applies to measures affect ing trade in telecommunications services. 
2. This Chapter does not apply to any measure a dopted or maintained by a Party relating to 
cable or broadcast distribution of  radio or television programming.
9-1 
3. Nothing in this Chapter shall be construed to: 
(a) require a Party (or require a Party to compel  any enterprise) to establish, construct, 
acquire, lease, operate, or provide tel ecommunications transport networks or 
telecommunications services where such networks or services are not offered to the 
public generally; or 
                                                      
9-1 For greater certainty, Singapore's obligations under this Chapter shall not apply to measures adopted 
or maintained relating to broadcasting services as defined in Singapore's Schedule to Annex 8B.  WT/REG161/1 
 Page 55 
 
 
(b) require a Party to compel any enterprise enga ged in the cable or broadcast distribution 
of radio or television programming to make available its cable or broadcast facilities 
as a public telecommunications transport network, unless a Party specifically designates such facilities as such. 
Article 9.2 
 
Access To And Use Of Public Telecommunications 
 
Transport Networks And Services9-2 
 1. Each Party shall ensure that enterprises of the other Party have access to and use of any public 
telecommunications transport network and service, incl uding leased circuits, offered in its territory or 
across its borders on reasonable, non-discriminator y (including with respect to timeliness), and 
transparent terms and conditions, includi ng as set out in paragraphs 2 through 4. 
2. Each Party shall ensure that su ch enterprises are permitted to: 
(a) purchase or lease, and attach terminal or other equipment that interfaces with the 
public telecommunications network; 
(b) provide services to individual or multiple  end-users over any leased or owned 
circuit(s); 
(c) connect leased or owned circuits with pub lic telecommunications transport networks 
and services in the territory, or across the bor ders, of that Party, or with circuits 
leased or owned by another enterprise; 
(d) perform switching, signalling, pro cessing, and conversion functions; and 
(e) use operating protocols of their choice. 
3. Each Party shall ensure that enterprises of th e other Party may use public telecommunications 
transport networks and services for the movement of information in its territory or across its borders 
and for access to information contained in data bases or  otherwise stored in machine-readable form in 
the territory of either Party. 
4. Notwithstanding paragraph 3, a Party may take such measures as are necessary to 
(a) ensure the security and confidentiality of messages; or 
(b) protect the privacy of customer proprietary network information; 
subject to the requirement that such measures ar e not applied in a manner that would constitute a 
means of arbitrary or unjustifiable discrimination or a disguised restriction on trade in services. 
 
   
                                                     
 
9-2 This Article does not apply to  access to unbundled network elemen ts, including access to leased 
circuits as an unbundled network element, which is addressed in Article 9.4.3. WT/REG161/1 
Page 56  
 
Article 9.3 
 
Interconnection With Suppliers Of Public Telecommunications Services
 
 1. Each Party shall ensure that suppliers of pu blic telecommunications services in its territory 
provide, directly or indirectly, in terconnection with the facilities and equipment of suppliers of public 
telecommunications services of the other Party. 
2. In carrying out paragraph 1, each Party shall ensure that suppliers of public 
telecommunications services in its territory take r easonable steps to protect the confidentiality of 
proprietary information of, or relating to, supp liers and end-users of public telecommunications 
services and only use such information for the pu rpose of providing public telecommunications 
services. 
Article 9.4 
 
Conduct Of Major Suppliers
9-3 9-4 
 
Treatment By Major Suppliers 
 
1. Each Party shall ensure that any major supplie r in its territory accords suppliers of public 
telecommunications services of the other Party treat ment no less favourable than such major supplier 
accords to itself, its subsidiaries, its affiliates,  or any non-affiliated service supplier regarding: 
(a) the availability, provisioning, rates, or quality of like public telecommunications 
services; and 
(b) the availability of technical inte rfaces necessary for interconnection. 
A Party shall assess such treatment on the b asis of whether such suppliers of public 
telecommunications services, subsidiaries, affiliates,  and non-affiliated service suppliers are in like 
circumstances. 
 
Competitive Safeguards 
 
2. (a) Each Party shall maintain appropriat e measures for the purpose of preventing 
suppliers of public telecommunications servi ces who, alone or together, are a major 
supplier in its territory from engaging in  or continuing anti-competitive practices. 
(b) For purposes of subparagraph (a), anti-competitive practices include: 
(i) engaging in anti-competitive cross-subsidization; 
(ii) using information obtained from compe titors with anti-competitive results; 
and 
                                                      
9-3 For the purpose of the United States' obligations, Article 9.4 does not apply to rural telephone 
companies, as defined in section 3(37) of the Communications Act of 1934, as amended by the 
Telecommunications Act of 1996, unless a state regula tory authority orders otherwise. Moreover, a state 
regulatory authority may exempt a rural local exchange carrier, as de fined in section 251(f)(2) of the 
Communications Act of 1934, as amended by the Telecommunications Act of 1996, from the obligations 
contained in Article 9.4. 
9-4 Article 9.4 does not apply to suppliers of commercial mobile services.  WT/REG161/1 
 Page 57 
 
 
(iii) not making available, on a timely basis, to suppliers of public 
telecommunications services, technical information about essential facilities and commercially relevant information th at is necessary for them to provide 
public telecommunications services. 
Unbundling Of Network Elements 
 
3. (a) Recognizing that both Parties currently provide for access to unbundled network 
elements, each Party shall provide its telecommunications regulatory body the 
authority to require that major suppliers in  its territory provide suppliers of public 
telecommunications services of the other Party access to network elements on an 
unbundled basis at terms, conditions, and cost -oriented rates, that are reasonable, non-
discriminatory (including with respect to tim eliness), and transparent for the supply of 
public telecommunications services. 
(b) Which network elements will be  required to be made available in the territory of a 
Party, and which suppliers may obtain su ch elements, shall be determined in 
accordance with national law and regulation. 
(c) In determining the network elements to be made available, a Party's 
telecommunications regulatory body shall consider, at a minimum, in accordance with national law and regulation: 
(i) whether access to such network elements as are proprietary in nature are 
necessary; and whether the failure to provide access to such network 
elements would impair the ability of s uppliers of public telecommunications 
services of the other Party to provid e the services it seeks to offer; or 
(ii) whether the network elements can be replicated or obtained from other 
sources at reasonable rates, such th at the unavailability of these network 
elements from the major supplier will not impair the ability of other suppliers 
of public telecommunications services to provide a competing service; or 
(iii) whether the network elements are techni cally or operationally required for the 
provision of a competing service; or 
(iv) other factors as established in national law; 
  as that body construes these factors. 
 Co-Location 
 
4. (a) Each Party shall ensure that major supplie rs in its territory provide to suppliers of 
public telecommunications services of the other Party physical co-location, at premises owned or controlled by the majo r supplier, of equipment necessary for 
interconnection or access to unbundled netw ork elements on terms and conditions, 
and at cost-oriented rates, that are reas onable, non-discriminatory (including with 
respect to timeliness), and transparent. 
(b) Where physical co-location is not practical  for technical reasons or because of space 
limitations, each Party shall ensure that ma jor suppliers in its territory provide or 
facilitate virtual co-location on terms and c onditions, and at costoriented rates, that 
are reasonable, non-discriminatory (including with respect to timeliness), and 
transparent. WT/REG161/1 
Page 58  
 
(c) Each Party may determine, in accordance with national law and regulation, which 
premises in its territory shall be subject to subparagraphs (a) and (b) 
Resale 
 
5. Each Party shall ensure that major suppliers in its territory: 
(a) offer for resale, at reasonable
9-5 rates, to suppliers of public telecommunications 
services of the other Party, public telecommunications services that such major supplier provides at retail to end-users; and 
(b) do not impose unreasonable or discriminatory conditions or limitations on the resale 
of such public telecommunications services.
9-6 
Poles, Ducts, And Conduits 
 
6. (a) Each Party shall ensure that major supplie rs in its territory provide access to poles, 
ducts, and conduits, owned or controlled by such major s uppliers to suppliers of 
public telecommunications services of the other Party, under terms, conditions, and 
cost-oriented9-7 rates, that are reasonable, non-discriminatory (including with respect 
to timeliness), and transparent. 
(b) Nothing shall prevent a Party from determining, under its domestic law and 
regulation, which particular structures owne d or controlled by the major suppliers in 
its territory, are required to be made av ailable in accordance with paragraph (a) 
provided that this is based on a determination that such structures cannot feasibly be 
economically or technically substituted in  order to provide a competing service. 
Number Portability 
 
7. Each Party shall ensure that major suppliers in  its territory provide number portability to the 
extent technically feasible, on a timely b asis and on reasonable terms and conditions. 
Interconnection 
 
8. (a) General Terms and Conditions 
  Each Party shall ensure that any major supplier in its territory provides 
interconnection for the facilities and equipment of suppliers of public 
telecommunications services of the other Party: 
 
(i) at any technically feasible point in the major supplier's network; 
                                                      
9-5 In the United States, a wholesale rate set pursuant to domestic law and regulation shall be considered 
to be reasonable for purposes of subparagraph (a). In Singapore, wholesale rates are not required by the 
telecommunications regulatory body and therefore are not factored into a determination of what is considered to 
be reasonable for the purposes of subparagraph (a). 
9-6 In the United States, a reseller that obtains at w holesale rates a telecommunications service that is 
available at retail only to a category of subscribers may be prohibited from offering such service to a different 
category of subscribers. In Singapore, where national law and regulation provides for this, resellers that obtain 
public telecommunications services available at retail only to a category of subscribers at particular rates may be 
prohibited from offering such service to a different  category of subscribers at that particular rate. 
9-7 In the United States, this obligation may not apply to those states that regulate such rates as a matter 
of state law.  WT/REG161/1 
 Page 59 
 
 
(ii) under non-discriminatory terms, conditi ons (including technical standards 
and specifications), and rates; 
(iii) of a quality no less favourable than that  provided by such major supplier for 
its own like services or for like service s of non-affiliated suppliers of public 
telecommunications services or for its subsidiaries or other affiliates; 
(iv) in a timely fashion, on terms, conditio ns, (including technical standards and 
specifications), and cost-oriented rates,  that are transparent, reasonable, 
having regard to economic feasibility, a nd sufficiently unbundled so that the 
supplier need not pay for network components or facilities that it does not require for the service to be provided; and 
(v) upon request, at points in addition to the network termination points offered 
to the majority of suppliers of public telecommunications services, subject to charges that reflect the cost of construction of necessary additional   facilities.
9-8 
(b) Options for Interconnecting with Major Suppliers 
Each Party shall ensure that suppliers of  public telecommunications services of the 
other Party may interconnect their fac ilities and equipment with those of major 
suppliers in its territory pursuant to at least one of the following options: 
 
(i) a reference interconnection offer or a nother standard interconnection offer 
containing the rates, terms, and cond itions that the major supplier offers 
generally to suppliers of public telecommunications services; or 
(ii) the terms and conditions of an existi ng interconnection agreement or through 
negotiation of a new interconnection agreement. 
(c) Public Availability of Interconnection Offers 
Each Party shall require each major supplier in its territory to make publicly available 
either a reference interconnection offer or  another standard interconnection offer 
containing the rates, terms, and conditions th at the major supplier offers generally to 
suppliers of public telecommunications services.  
(d) Public Availability of the Proce dures for Interconnection Negotiations 
Each Party shall make publicly ava ilable the applicable procedures for 
interconnection negotiations with ma jor suppliers in its territory. 
 
(e) Public Availability of Interconnection Agre ements Concluded with Major Suppliers 
(i) Each Party shall require major suppliers in its territory to file all 
interconnection agreements to wh ich they are party with its 
telecommunications regulatory body. 
(ii) Each Party shall make available fo r inspection to suppliers of public 
telecommunications services which are seeking interconnection, interconnection agreements in force betw een a major supplier in its territory 
                                                     
 
9-8 These costs may include the cost of physical or virtual co-location referenced in Article 9.4.4. WT/REG161/1 
Page 60  
 
and any other supplier of public telecommunications services in such territory, including interconnection agre ements concluded between a major 
supplier and its affiliates and subsidiaries. 
(f) Resolution of Interconnection Disputes 
Each Party shall ensure that suppliers of  public telecommunications services of the 
other Party, that have requested interconn ection with a major supplier in the Party's 
territory have recourse to a telecommunications regulatory body to resolve disputes regarding the terms, conditions, and rates fo r interconnection within a reasonable and 
publicly available period of time. 
 Provisioning And Pricing Of Leased Circuits Services
9-9 
 
9. (a) Each Party shall ensure that major suppliers  of leased circuits services in its territory 
provide enterprises of the other Party leased circuits services that are public telecommunications services, on terms and conditions under pricing structures, and at 
rates that are reasonable, non-discriminatory (including with respect to timeliness), 
and transparent. 
(b) Each Party may determine whether rates for l eased circuits services in its territory are 
reasonable by taking into account the rates of like leased circuits services in 
comparable markets in other countries. 
Article 9.5 
 
Submarine Cable Landing Stations
 
 1. Where under national law and regulation, a Pa rty has authorized a supplier of public 
telecommunications services in its territory to op erate a submarine cable system (including the 
landing facilities and services) as a public telecommunica tions service, that Party shall ensure that 
such supplier provides that public telecommunications service
9-10 to suppliers of public 
telecommunications services of the other Party on reasonable terms, conditions, and rates that are no 
less favourable than such supplier offers to any other supplier of public telecommunications services 
in like circumstances. 
2. Where submarine cable landing facilities and serv ices cannot be economically or technically 
substituted, and a major supplier of public interna tional telecommunication services that controls such 
cable landing facilities and services has the ability to materially affect the price and supply for those 
facilities and services for the provision of public te lecommunications services in a Party's territory, 
the Party shall ensure th at such major supplier: 
(a) permits suppliers of public telecommunica tions services of the other Party to: 
(i) use the major supplier's cross-connect links in the submarine cable landing 
station to connect their equipment to  backhaul links and submarine cable 
capacity of any supplier of telecommunications; and 
(ii) co-locate their transmission and routing equipment used for accessing 
submarine cable capacity and backhaul links at the submarine cable landing 
                                                      
9-9 The obligation under this article is not an obligation to provide leased circuits as an unbundled 
network element, which is addressed in Article 9.4.3. 
9-10 This shall include any submarine cable landing f acilities included as part of that authorization.  WT/REG161/1 
 Page 61 
 
 
station at terms, conditions, and cost-o riented rates, that are reasonable and 
non-discriminatory; and 
(b) provides suppliers of telecommunications  of the other Party submarine cable 
capacity, backhaul links, and cross-connect links in the submarine cable landing station at terms, conditions, and rates th at are reasonable and non-discriminatory. 
Article 9.6 
 
Independent Regulati on And Privatization
 
 1. Each Party shall ensure that its telecommunica tions regulatory body is separate from, and not 
accountable to, any supplier of public telecommunica tions services. To this end, each Party shall 
ensure that its telecommunications regulatory body do es not hold any financial interest or maintain an 
operating role in such a supplier. 
2. Each Party shall ensure that the decisions of , and procedures used by its telecommunications 
regulatory body are impartial with respect to all in terested persons. To this end, each Party shall 
ensure that any financial interest that it holds in  a supplier of public telecommunications services does 
not influence the decisions of and procedur es of its telecommunications regulatory body. 
3. Where a Party has an ownership interest in a supplier of public telecommunications services, 
it shall notify the other Party of any intention to eliminate such interest as soon as feasible. 
Article 9.7 
 
Universal Service
 
  Each Party shall administer any universal servi ce obligation that it maintains in a transparent, 
non-discriminatory, and competitively neutral manner and shall ensure that its universal service 
obligation is not more burdensome than necessary for the kind of universal service that it has defined. 
 
Article 9.8 
 
Licensing Process
 
 1. When a Party requires a supplier of public te lecommunications services to have a license, the 
Party shall make publicly available: 
(a) all the licensing criteria and procedures it applies; 
(b) the period of time normally required to reach  a decision concerning an application for 
a license; and 
(c) the terms and conditions of all licenses it has issued. 
2. Each Party shall ensure that an applicant rece ives, upon request, the reasons for the denial of a 
license. 
 
  WT/REG161/1 
Page 62  
 
Article 9.9 
 
Allocation And Use Of Scarce Resources
9-11 
 1. Each Party shall administer its procedures fo r the allocation and use of scarce resources, 
including frequencies, numbers, and rights of way,  in an objective, timely, transparent, and non-
discriminatory fashion. 
2. Each Party shall make publicly available the current state of allocated frequency bands but 
shall not be required to provide detailed identifi cation of frequencies assigned or allocated by each 
government for specific government uses. 
Article 9.10 
 
Enforcement
 
  Each Party shall ensure that its telecomm unications regulatory body maintains appropriate 
procedures and authority to enforce domestic meas ures relating to the obligations under Articles 9.2 
through 9.5. Such procedures and authority shall include the ability to impose effective sanctions, 
which may include financial penalties,  injunctive relief (on an interim or final basis), or modification, 
suspension, and revocation of licenses.  
Article 9.11 
 
Resolution Of Domestic Telecommunications Disputes
 
  Further to Articles 19.5 (Administrative Pro ceedings) and 19.6 (Review and Appeal), each 
Party shall ensure the following: 
 
Recourse To Telecommunications Regulatory Bodies 
 
1. Each Party shall ensure that enterprises of th e other Party have recourse (within a reasonable 
period of time) to a telecommunications regulatory bod y or other relevant body to resolve disputes 
arising under domestic measures addressing a matter set out in Articles 9.2 through 9.5. 
Reconsideration 
 
2. Each Party shall ensure that any enterprise aggr ieved or whose interests are adversely affected 
by a determination or decision of the telecommuni cations regulatory body may petition that body for 
reconsideration of that determination or deci sion. Neither Party may permit such a petition to 
constitute grounds for non-compliance with such dete rmination or decision of the telecommunications 
regulatory body unless an appropriate author ity stays such determination or decision. 
Judicial Review 
 
                                                     
 
9-11 The Parties understand that decisions on allocating and assigning spectrum, and frequency 
management are not measures that are per se  inconsistent with Article 8.5 (Market Access) and Article 15.8 
(Performance Requirements). Accordingl y, each Party retains the right to exercise its spectrum and frequency 
management policies, which may affect the number of suppliers of public telecommunications services, 
provided that this is done in a manner that is consistent  with the provisions of this Agreement. The Parties also 
retain the right to allocate frequency bands taking into account existing and future needs.  WT/REG161/1 
 Page 63 
 
 
3. Each Party shall ensure that any enterprise a ggrieved by a determination or decision of the 
telecommunications regulatory body may obtain judicial  review of such determination or decision by 
an impartial and independent judicial authority. 
Article 9.12 
 
Transparency  
  Further to Chapter 19 (Transparenc y), each Party shall ensure that: 
 1. rulemakings, including the basis for such rule makings, of its telecommunications regulatory 
body and end-user tariffs filed with its telecommuni cations regulatory body are promptly published or 
otherwise made available to all interested persons; 
2. interested persons are provided with adequate advance public notice of and the opportunity to 
comment on any rulemaking proposed by the telecommunications regulatory body; 
3. its measures relating to public telecommunica tions services are made publicly available, 
including: 
(a) tariffs and other terms and conditions of service; 
(b) specifications of technical interfaces; 
(c) conditions applying to attachment of te rminal or other equipment to the public 
telecommunications transport network; and 
(d) notification, permit, registration, or  licensing requirements, if any; and 
4. information on bodies responsible for preparing,  amending, and adopti ng standards-related 
measures is made publicly available. 
Article 9.13 
 
Flexibility In The Choice Of Technologies
 
 
 A Party shall endeavour not to prevent supp liers of public telecommunications services from 
having the flexibility to choose the technologies that they use to supply their services, including commercial mobile services, subject to the ability of  each Party to take measures to ensure that end-
users of different networks are able to communicate with each other.  
Article 9.14 
 
Forbearance And Minimal Regulatory Environment
 
  The Parties recognize the importance of relying on market forces to achieve wide choice and 
efficient supply of telecommunications services. To this end, each Party may forbear from applying 
regulation to a telecommunications service that such  Party classifies, under its laws and regulations, 
as a public telecommunications service upon a determ ination by its telecommunications regulatory 
body that:  
(a) enforcement of such regulation is not necessary to prevent unreasonable or 
discriminatory practices; WT/REG161/1 
Page 64  
 
(b) enforcement of such regulation is not neces sary for the protection of consumers; and 
(c) forbearance is consistent with the public interest, including promoting and enhancing 
competition among suppliers of public telecommunications services. 
Article 9.15 
 
Relationship To Other Chapters
 
  In the event of any inconsistency between this Chapter and another Chapter, this Chapter shall 
prevail to the extent of such inconsistency.  
Article 9.16 
 
Definitions
 
  For purposes of this Chapter: 
 
1. backhaul links  means end-to-end transmission links from a submarine cable landing station 
to another primary point of access to the Party' s public telecommunications transport network; 
2. physical co-location  means physical access to and control over space in order to install, 
maintain, or repair equipment used to pr ovide public telecommunications services; 
3. cost-oriented  means based on cost, and may include a reasonable profit, and may involve 
different cost methodologies for different facilities or services; 
4. commercial mobile services  means public telecommunications services supplied through 
mobile wireless means; 
5. cross-connect links  means the links in a submarine cable landing station used to connect 
submarine cable capacity to the transmission, switc hing and routing equipment of different suppliers 
of public telecommunications services co-located in that submarine cable landing station; 
6. customer proprietary network information  means information made available to the 
supplier of public telecommunications services by the end-user solely by virtue of the end-user-
telecommunications service supplier relationship. Th is includes information regarding the end-user's 
calling patterns (including the quantity, technical configuration, type, destination, location, and 
amount of use of the service) and other information that appears on or may pertain to an end-user's 
telephone bill; 
7. end-user  means a final consumer of or subscriber to a public telecommunications service, 
including a service supplier but excluding a s upplier of public telecommunications services; 
8. enterprise  means an entity constituted or organized under applicable law, whether or not for 
profit, and whether privately or government owned or controlled. Forms that an enterprise may take 
include a corporation, trust, part nership, sole proprietorship, branch, joint venture, association, or 
similar organization; 
9. essential facilities  means facilities of a public teleco mmunications transport network or 
service that: 
(a) are exclusively or predominantly provided by a single or limited number of suppliers; 
and  WT/REG161/1 
 Page 65 
 
 
(b) cannot feasibly be economically or techni cally substituted in order to provide a 
service; 
10. interconnection  means linking with suppliers providing public telecommunications transport 
networks or services in order to allow the users of  one supplier to communicate with users of another 
supplier and to access services provided by another supplier; 
11. leased circuits  means telecommunications facilities between two or more designated points 
which are set aside for the dedicated use of or availability to a particular customer or other users of the customer's choosing; 
12. major supplier  means a supplier of public telecommunications services that has the ability to 
materially affect the terms of participation (having regard to price and supply) in the relevant market 
for public telecommunications services as a result of: 
(a) control over essential facilities; or 
(b) use of its position in the market; 
13. network element  means a facility or equipment used in the provision of a public 
telecommunications service, including features, func tions, and capabilities that are provided by means 
of such facility or equipment; 
14. non-discriminatory  means treatment no less favourable than  that accorded to any other user 
of like public telecommunications transport networks or services in like circumstances; 
15. number portability  means the ability of end-users of public telecommunications services to 
retain, at the same location, existing telephone numbe rs without impairment of quality, reliability, or 
convenience when switching between like supplie rs of public telecommunications services; 
16. person  means either a natural person or an enterprise; 
17. public telecommunications transport network  means telecommunications infrastructure 
which a Party requires to provide public tel ecommunications services between defined network 
termination points; 
18. public telecommunications service  means any telecommunications service (which a Party 
may define to include certain facilities used to de liver these telecommunications services) that a Party 
requires, explicitly or in effect, to be offered to the public generally. Such services may include inter 
alia, telephone and data transmission typically invo lving customer-supplied information between two 
or more points without any end-to-end change in th e form or content of the customer's information;
9-12 
19. reference interconnection  offer means an interconnection offer extended by a major supplier 
and filed with or approved by a telecommunications regulatory body th at is sufficiently detailed to 
enable a supplier of public telecommunications servi ces that is willing to accept its rates, terms, and 
conditions to obtain interconnection without having to engage in ne gotiations with the major supplier 
concerned; 
20. service supplier  means any person that supplies a service; 
                                                      
9-12 Because the United States does not  classify services described in  47 U.S.C. § 153(20) as public 
telecommunications services, these services are not co nsidered public telecommunications services for the 
purposes of this Agreement. This does not prejudice either Party's positions in the WTO on the scope and 
definition of these services. WT/REG161/1 
Page 66  
 
21. submarine cable landing station  means the premises and buildings where international 
submarine cables arrive and terminate and are connected to backhaul links; 
22. supplier of public telecommunications services  means any provider of public 
telecommunications services, including those who provi de such services to other suppliers of public 
telecommunications services;
9-13 
23. telecommunications  means the transmission and reception of signals by any electromagnetic 
means;9-14 
24. telecommunications regulatory body  means a national body responsible for the regulation 
of telecommunications; and 
25. user means an end-user or a supplier of public telecommunications services. 
 
CHAPTER 10: FINANCIAL SERVICES 
 
Article 10.1 
 
Scope And Coverage  
 1. This Chapter applies to measures adopted or maintained by a Party relating to: 
(a) financial institutions of the other Party; 
(b) investors of the other Party, and investments of such investors, in financial 
institutions in the Party's territory; and 
(c) cross-border trade in financial services. 
2. Chapters 8 (Cross-Border Trade in Services) and 15 (Investment) apply to measures described 
in paragraph 1 only to the extent that such Chapters  or Articles of such Chapte rs are incorporated into 
this Chapter. 
(a) Articles 8.11 (Denial of Be nefits), 15.6 (Expropriation),
10-1 15.7 (Transfers), 15.10 
(Investment and Environment), 15.11 (Den ial of Benefits), and 15.13 (Special 
Formalities and Information Requirements) ar e hereby incorporated into and made a 
part of this Chapter. 
(b) Section C of Chapter 15 (Investor-State Dis pute Settlement) is hereby incorporated 
into and made a part of this Chapter so lely for claims that a Party has breached 
                                                      
9-13 (a) For purposes of Singapore's obligations in Articles 9.3, 9.4.1, 9.4.5, 9.4.8, and 9.13, the phrase 
supplier of public telecommunications services  means a facilities-based licensee or 
services-based licensee that uses switching or routing equipment, in accordance with the 
Singapore Code of Practice for Competition in the Provision of Telecommunications Services, 
2000. 
      (b) For purposes of Singapore's obligations in Articles 9.4.3, 9.4.4, 9.4.6 and 9.5, the phrase 
supplier of public telecommunications services  means a facilities-based licensee in 
accordance with the Singapore Code of Practice for Compe tition in the Provision of 
Telecommunications Services, 2000. 
9-14 Including by photonic means. 
10-1 For greater certainty, the letters referred to in Article 15.26 (Status of Letter Exchanges), to the 
extent relevant, are applicable to Article 15.6 (E xpropriation) as incorporated into this Chapter.  WT/REG161/1 
 Page 67 
 
 
Articles 15.6 (Expropriation), 15.7 (Transfers ), 15.11 (Denial of Benefits), and 15.13 
(Special Formalities and Information Requi rements), as incorporated into this 
Chapter. 
(c) Article 8.10 (Transfers and Payments), is in corporated into and made a part of this 
Chapter to the extent that cross-border trade in financial services is subject to 
obligations pursuant to Article 10.5. 
3. This Chapter does not apply to measures adopt ed or maintained by a Party relating to: 
(a) activities or services forming part of a public retirement plan or statutory system of 
social security; or 
(b) activities or services conducted for the account  or with the guarantee or using the 
financial resources of the Party, including its public entities, 
except that this Chapter shall apply if a Party allo ws any of the activities or services referred to in 
subparagraphs (a) or (b) to be conducted by its financial instituti ons in competition with a public 
entity or a financial institution.  
4. This Chapter does not apply to laws, regulati ons or requirements governing the procurement 
by government agencies of financial services pur chased for governmental purposes and not with a 
view to commercial resale or use in the supply of services for commercial sale. 
Article 10.2 
 
National Treatment
 
 
1. Each Party shall accord to investors of the othe r Party treatment no less favourable than that it 
accords to its own investors, in like circumstances,  with respect to the establishment, acquisition, 
expansion, management, conduct, operation, and sale or other disposition of financial institutions and 
investments in financial institutions in its territory. 
2. Each Party shall accord to financial institutions  of the other Party and to investments of 
investors of the other Party in financial institutions treatment no less favourable than that it accords to 
its own financial institutions, and to  investments of its own investors in financial institutions, in like 
circumstances, with respect to the establishment, acquisition, expansion, management, conduct, 
operation, and sale or other disposition of financial institutions and investments. 
3. For purposes of the national treatment obligations  in Article 10.5.1, a Party shall accord to 
cross-border financial service suppliers of the other Party treatment no less favourable than that it 
accords to its own financial service suppliers, in like circumstances, with respect to the supply of the 
relevant service. 
Article 10.3 
 
Most-Favoured-Nation Treatment  
 1. Each Party shall accord to investors of the other Party, financial instituti ons of the other Party, 
investments of investors in financial institutions, and cross-border financial service suppliers of the 
other Party treatment no less favourable than that it accords to the investors, financial institutions, 
investments of investors in financial institutions and cross-border financial service suppliers of a non-
Party, in like circumstances. WT/REG161/1 
Page 68  
 
2. A Party may recognize prudential measures of the other Party or of a non-Party in the 
application of measures covered by th is Chapter. Such recognition may be: 
(a) accorded unilaterally; 
(b) achieved through harmonization or other means; or 
(c) based upon an agreement or arrangement with the non-Party. 
3. A Party according recognition of prudential measures under paragraph 2 shall provide 
adequate opportunity to the other Party to demonstr ate that circumstances exist in which there are or 
would be equivalent regulation,  oversight, implementation of re gulation, and, if appropriate, 
procedures concerning the sharing of information between the Parties. 
4. Where a Party accords recognition of pruden tial measures under paragraph 2(c) and the 
circumstances set out in paragraph 3 exist, the Pa rty shall provide adequate opportunity to the other 
Party to negotiate accession to the agreement or a rrangement, or to negotiate a comparable agreement 
or arrangement. 
Article 10.4 
 
Market Access For Financial Institutions
 
  A Party shall not adopt or maintain, with resp ect to financial institutions of the other Party,
10-2 
either on the basis of a regional subdivision or on the basis of its entire territory, measures that:  
(a) impose limitations on 
(i) the number of financial institutions whether in the form of numerical quotas, 
monopolies, exclusive service suppliers or the requirements of an economic 
needs test; 
(ii) the total value of financial service tr ansactions or assets in the form of 
numerical quotas or the requirement of an economic needs test; 
(iii) the total number of financial service  operations or the total quantity of 
financial services output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test; or 
(iv) the total number of natural persons that  may be employed in a particular 
financial service sector or that a financ ial institution may employ and who are 
necessary for, and directly related to, the supply of a specific financial service 
in the form of a numerical quota or the requirement of an economic needs 
test; or 
(b) restrict or require specific types of legal entity or joint venture through which a 
financial institution may supply a service. 
 
 
                                                     
 
10-2 For purposes of this Article, the term "financial institutions of the other Party" includes financial 
institutions that are located within the territory of the other Party and controlled by persons of the other Party 
that seek to establish financial institutions within the territory of the Party.  WT/REG161/1 
 Page 69 
 
 
Article 10.5 
 
Cross-Border Trade In Financial Services  
 1. Each Party shall permit, under terms and cond itions that accord national treatment, cross-
border financial service suppliers of the other Party to supply the services it has specified in       
Annex 10A. 
2. Each Party shall permit persons located in its te rritory, and its nationals wherever located, to 
purchase financial services from cross-border financial service suppliers of the other Party located in 
the territory of the other Party. This obligation does not require a Party to permit such suppliers to do 
business or solicit in its territory. Each Party ma y define "doing business" and "solicitation" for 
purposes of this obligation, as long as such defin itions are not inconsistent with paragraph 1. 
Article 10.6 
 
New Financial Services
 
 
 Each Party shall permit a financial institution of the other Party to supply any new financial 
service that the first Party would permit its own fina ncial institutions, in like circumstances, to supply 
without additional legislative action by the first Party. Notwithstanding Article 10.4(b), a Party may 
determine the institutional and juridical form through which the new financial service may be 
supplied and may require authorization for the supp ly of the service. Where a Party requires such 
authorization of the new financial service, a decision  shall be made within a reasonable time and the 
authorization may only be refused for prudential reasons.10-3 
 
Article 10.7 
 
Treatment Of Certain Information  
  Nothing in this Chapter requires a Party to furnish or allow access to: 
 
(a) information related to the financial affair s and accounts of individual customers of 
financial institutions or cross-bor der financial service suppliers; or 
(b) any confidential information, the disclosur e of which would impede law enforcement 
or otherwise be contrary to the public in terest or prejudice legitimate commercial 
interests of particular enterprises. 
Article 10.8 
 
Senior Management And Boards Of Directors
 
 1. A Party may not require financial institutions of the other Party
10-4 to engage individuals of 
any particular nationality as senior managerial or other essential personnel. 
                                                      
10-3 The Parties understand that nothing in Article 10.6 prevents a financial institution of a Party from 
applying to the other Party to consider authorizing the supply of a financial service that is supplied in neither 
Party's territory. Such application shall be subject to the law of the Party to which the application is made and, 
for greater certainty, shall not be subject to the obligations of Article 10.6. 
10-4 For purposes of this Article, the term "financial institutions of the other Party" includes financial 
institutions that are located within the territory of the other Party and controlled by persons of the other Party 
that seek to establish financial institutions within the territory of the Party. WT/REG161/1 
Page 70  
 
2. A Party may not require that more than a simple majority of the board of directors of a 
financial institution of the other Party be composed of nationals of the Party, persons residing in the 
territory of the Party, or a combination thereof. 
Article 10.9 
 
Non-Conforming Measures
 
 1. Articles 10.2 through 10.5 and 10.8 do not apply to: 
(a) any existing non-conforming measure that is maintained by a Party at 
(i) the central level of government, as set out by that Party in its Schedule to 
Annex 10B, 
(ii) a regional level of government, as set out  by that Party in its Schedule to 
Annex 10B, or 
(iii) a local level of government; 
(b) the continuation or prompt renewal of an y non-conforming measure referred to in 
subparagraph (a); or 
(c) an amendment to any non-conforming measure referred to in subparagraph (a) to the 
extent that the amendment does not decr ease the conformity of the measure, as it 
existed immediately before the amendment, with Articles 10.2 through 10.4 and 10.8. 
2. Annex 10C sets out certain specific commitments by each Party. 
3. A non-conforming measure set out in a Party's Sc hedule to Annex 8A or 8B as a measure to 
which Article 8.3 (National Treatment), 8.4 (Most- Favoured-Nation Treatment), 8.5 (Market Access), 
or 15.4 (National Treatment and Most-Favoured-Nati on Treatment) does not apply shall be treated as 
a non-conforming measure described in paragraph 1(a)  to which Article 10.2, 10.3, or 10.4, as the 
case may be, does not apply, to the extent that the measure, sector, sub-sector or activity set out in the 
schedule of non-conforming measures is covered by this Chapter. 
Article 10.10 
 
Exceptions
 
 1. Notwithstanding any other provision of this Chapter or Chapters 9 (Telecommunications), 14 
(Electronic Commerce), or 15 (Investment), including  specifically Article 9.15 (Relationship to Other 
Chapters), and in addition Article 8.2.2 (Scope and Coverage) with respect to the supply of financial 
services in the territory of a Party by an investor of the other Party or a covered investment, a Party 
shall not be prevented from adopting or ma intaining measures for prudential reasons,
10-5 including for 
the protection of investors, depositors, policy holders or persons to whom a fiduciary duty is owed by 
a financial institution or cross-border 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 
referred to in this paragraph, they  shall not be used as a means of avoiding the Party's commitments or 
obligations under such provisions. 
                                                      
10-5 It is understood that the term "prudential reasons" includes the maintenance of the safety, 
soundness, integrity or financial responsibility of individual financial institutions or cross-border financial 
service suppliers.  WT/REG161/1 
 Page 71 
 
 
2. Nothing in this Chapter or Chapters 9 (Tel ecommunications), 14 (Electronic Commerce), or 
15 (Investment), including specifically Article 9.15 (R elationship to Other Chapters), and in addition 
Article 8.2.2 (Scope and Coverage) w ith respect to the supply of financial services in the territory of a 
Party by an investor of the other Party or a covered investment, applies to non-discriminatory measures of general application take n by any public entity in pursuit of monetary and related credit 
policies or exchange rate policies. This paragraph shall not affect a Party's obligations under Article 
8.10 (Transfers and Payments), Ar ticle 15.7 (Transfers), or Article  15.8 (Performance Requirements). 
3. Notwithstanding Articles 8.10 (Transfers and Paym ents) and 15.7 (Transfers), as incorporated 
into this Chapter, a Party may prevent or limit tr ansfers by a financial institution or cross-border 
financial service supplier to, or for the benefit of, an affiliate of or person rela ted to such institution or 
supplier, through the equitable, non-discriminatory and good faith application of measures relating to 
maintenance of the safety, soundness, integrity or fi nancial responsibility of financial institutions or 
cross-border financial service suppliers. This paragr aph does not prejudice any other provision of this 
Agreement that permits a Party to restrict transfers. 
4. For greater certainty, nothing in this Chapter shall be construed to prevent the adoption or 
enforcement by a Party of measures necessary to secu re compliance with laws or regulations that are 
not inconsistent with this Chapter including t hose relating to the prevention of deceptive and 
fraudulent practices or to deal with the effects of a default on financial services  contracts, subject to 
the requirement that such measures are not applie d in a manner which would constitute a means of 
arbitrary or unjustifiable discrimination between  countries where like conditions prevail, or a 
disguised restriction on investment in financial ins titutions or cross-border trade in financial services. 
Article 10.11 
 
Transparency
 
 1. The Parties recognize that tran sparent regulations and policies governing the activities of 
financial institutions and cross-bor der financial service suppliers ar e important in facilitating the 
ability of financial institutions located outside the te rritory of the Party, financial institutions of the 
other Party, and cross-border financial service supplie rs to gain access to and operate in each other's 
markets. Each Party commits to promote regulatory transparency in financial services. Accordingly, 
the Financial Services Committee established under Article 10.16 shall consult with the goal of 
promoting objective and transparent regulatory pr ocesses in each Party, ta king into account (1) the 
work undertaken by the Parties in the General Ag reement on Trade in Services and the Parties' work 
in other fora relating to trade in  financial services and (2) the impor tance for regulatory transparency 
of identifiable policy objectives and clear and c onsistently applied regul atory processes that are 
communicated or otherwise made available to the public. 
2. In lieu of Article 19.3.2 (Publication), each Party shall, to the extent practicable, 
(a) publish in advance any regulations of gene ral application relating to the subject 
matter of this Chapter that it proposes to adopt; and 
(b) provide interested persons and the other Party a reasonable opportunity to comment 
on such proposed regulations. 
3. Each Party's regulatory authorities shall make  available to interested persons their 
requirements, including any documentation required,  for completing applications relating to the 
supply of financial services. WT/REG161/1 
Page 72  
 
4. On the request of an applicant, the regulatory au thority shall inform the applicant of the status 
of its application. If such authority requires add itional information from the applicant, it shall notify 
the applicant without undue delay. 
5. A regulatory authority shall make an administrative decision on a completed application of an 
investor in a financial institution, a financial ins titution or a cross-border financial service supplier of 
the other Party relating to the supply of a financia l service within 120 days, and shall promptly notify 
the applicant of the decision. An application sha ll not be considered complete until all relevant 
hearings are held and all necessary information is received. Where it is not practicable for a decision 
to be made within 120 days, the regulatory author ity shall notify the applicant without undue delay 
and shall endeavour to make the decisi on within a reasonable time thereafter. 
6. Each Party shall maintain or establish appropria te mechanisms that will respond to inquiries 
from interested persons regarding measures of ge neral application covered by this Chapter. 
7. Each Party shall ensure that the rules of gene ral application adopted or maintained by self-
regulatory organizations of the Party are promptly published or otherwise made available in such a 
manner as to enable interested persons  to become acquainted with them. 
8. To the extent practicable, each Party should allow reasonable time between publication of 
final regulations and their effective date. 
9. At the time it adopts final regulations, a Part y should, to the extent practicable, address in 
writing substantive comments received from inte rested persons with respect to the proposed 
regulations. 
Article 10.12 
 
Self-Regulatory Organizations
 
  Where a Party requires a financial institution or a cross-border financial service supplier of 
the other Party to be a member of, participate in , or have access to, a self-regulatory organization to 
provide a financial service in or in to the territory of that Party, the Party shall ensure observance of 
the obligations of Articles 10.2 and 10.3  by such self-regulatory organization. 
 
Article 10.13 
 
Payment And Clearing Systems
 
 
 Under terms and conditions that accord national treatment, each Party shall grant to financial 
institutions of the other Party established in its  territory access to payment and clearing systems 
operated by public entities, and to official funding and refinancing facilities available in the normal 
course of ordinary business. This paragraph is not intended to confer access to the Party's lender of 
last resort facilities. 
 
Article 10.14 
 
Domestic Regulation  
 
 Except with respect to non-conforming measures listed in its schedule to Annex 10B, each 
Party shall ensure that all measures of general application to which this Chapter applies are 
administered in a reasonable, objective and impartial manner.  
  WT/REG161/1 
 Page 73 
 
 
Article 10.15 
 
Expedited Availability Of Insurance Services  
  The Parties recognize the importance of mainta ining and developing regulatory procedures to 
expedite the offering of insurance services by li censed suppliers. The Parties recognize the importance 
of consulting, as necessary, re garding any such initiatives. 
 
Article 10.16 
 
Financial Services Committee
 
 1. The Parties hereby establish a Financial Serv ices Committee. The principal representative of 
each Party shall be an official of the Party's aut hority responsible for financial services set out in 
Annex 10D. 
2. The Committee shall: 
(a) supervise the implementation of this Chapter and its further elaboration; 
(b) consider issues regarding financial services that are referred to it by a Party; and 
(c) participate in the dispute settlement pro cedures in accordance with Article 10.19. 
3. The Committee shall meet annually, or as otherw ise agreed, to assess the functioning of this 
Agreement as it applies to financial services.  The Committee shall inform the Joint Committee 
established under Article 20.1 (Joint Committe e) of the results of each meeting. 
Article 10.17 
 
Consultations
 
 
1. A Party may request consultations with the other Party regarding any matter arising under this 
Agreement that affects financial services. The other Party shall give sympathetic consideration to the 
request. The Parties shall report the results of thei r consultations to the Financial Services Committee. 
2. Consultations under this Article shall include offi cials of the authorities specified in       
Annex 10D. 
Article 10.18 
 
Dispute Settlement  
 1. Article 20.4 (Additional Dispute Settlement Proce dures) applies as modified by this Article to 
the settlement of disputes arising under this Chapter. 
2. When a Party claims that a dispute arises under this Chapter, Article 20.4.4(a) (Additional 
Dispute Settlement Procedures) shall apply, except that: 
(a) where the Parties so agree, the panel shall be composed entirely of panellists meeting 
the qualifications in paragraph 3; 
(b) in any other case, WT/REG161/1 
Page 74  
 
(i) each Party may select panellists meeting the qualifications set out in 
paragraph 3 or Article 20. 4.4(c) (Additional Dispute Settlement Procedures), 
and 
(ii) if the Party complained against invokes Article 10.10 (Exceptions), the chair 
of the panel shall meet the qualifications set out in paragraph 3, unless the 
Parties agree otherwise. 
3. Financial services panellists shall: 
(a) have expertise or experience in financial services law or practice, which may include 
the regulation of financial institutions; 
(b) be chosen strictly on the basis of objec tivity, reliability and sound judgment; and 
(c) meet the qualifications set out in Article 20.4.4(b)(ii) and 20.4.4(b)(iii) (Additional 
Dispute Settlement Procedures). 
4. Notwithstanding Article 20.6 (Non-Implementati on), where a Panel finds a measure to be 
inconsistent with this Agreement a nd the measure under dispute affects: 
(a) only the financial services sector, the complaining Party may suspend benefits only in 
the financial services sector; 
(b) the financial services sector and any other sector, the complaining Party may suspend 
benefits in the financial services sector that have an effect equivalent to the effect of 
the measure in the Party's financial services sector; or 
(c) only a sector other than the financial serv ices sector, the complaining Party may not 
suspend benefits in the financial services sector. 
Article 10.19 
 
Investment Disputes In Financial Services
 
 1. Where an investor of a Party submits a claim under Section C of Chapter 15 (InvestorState 
Dispute Settlement) against the other Party and th e respondent invokes Article 10.10, on request of 
the respondent, the tribunal shall refer the matter in  writing to the Financial Services Committee for a 
decision. The tribunal may not proceed pending recei pt of a decision or report under this Article. 
2. In a referral pursuant to paragraph 1, the Fina ncial Services Committee shall decide the issue 
of whether and to what extent Article 10.10 is a valid defence to the claim of the investor. The 
Committee shall transmit a copy of its decision to the tribunal and to the Joint Committee. The 
decision shall be binding on the tribunal. 
3. Where the Financial Services Committee has not decided the issue within 60 days of the 
receipt of the referral under paragraph 1, the respond ent or the Party of the claimant may request the 
establishment of a panel under Ar ticle 20.4.4 (Additional Dispute Se ttlement Procedures). The panel 
shall be constituted in accordance with Article 10.18.  The panel shall transmit its final report to the 
Committee and to the tribunal. The report shall be binding on the tribunal. 
4. Where no request for the establishment of a pa nel pursuant to paragraph 3 has been made 
within 10 days of the expiration of the 60-day period referred to in paragraph 3, a tribunal may 
proceed to decide the matter.  WT/REG161/1 
 Page 75 
 
 
5. For purposes of this Article, tribunal  means a tribunal established pursuant to Section C of 
Chapter 15 (Investor-State Dispute Settlement). 
Article 10.20 
 
Definitions  
 
 For purposes of this Chapter:  1. central level  means 
(a) for the United States, the federal level, and 
(b) for Singapore, the national level; 
2. cross-border financial service supplier of a Party  means a person of a Party that is engaged 
in the business of supplying a financial service with in the territory of the Party and that seeks to 
supply or supplies financial services through the cross-border supply of such services; 
3. cross-border supply of a financial service or cross-border trade in financial services  
means the supply of a financial service: 
(a) from the territory of one Party into the territory of the other Party, 
(b) in the territory of one Party by a person of that Party to a person of the other Party, or 
(c) by a national of one Party in the territory of the other Party, 
but does not include the supply of a financial service in the territory of one Party by an investor of the 
other Party, or investments of such investors, in financial institutions in the Party's territory. 
 
4. financial institution  means any financial intermediary or other institution that is authorized 
to do business and regulated or supervised as a fi nancial institution under th e law of the Party in 
whose territory it is located; 
5. financial institution of the other Party  means a financial institution, including a branch, 
located in the territory of a Party that is  controlled by persons of the other Party; 
6. financial service  means any service of a financial nature. Financial services include all 
insurance and insurance-related services, and a ll banking and other financial services (excluding 
insurance), as well as services incidental or auxilia ry to a service of a financial nature. Financial 
services include the following activities: 
Insurance And Insurance-Related Services 
 
(a) Direct insurance (including co-insurance): 
(i) life 
(ii) non-life 
(b) Reinsurance and retrocession; 
(c) Insurance intermediation, such as brokerage and agency; WT/REG161/1 
Page 76  
 
(d) Service auxiliary to insuran ce, such as consultancy, actuarial, risk assessment and 
claim settlement services. 
Banking And Other Financial Services (Excluding Insurance) 
 
(e) Acceptance of deposits and other repayable funds from the public; 
(f) Lending of all types, including consumer credit, mortgage credit, factoring and 
financing of commercial transactions; 
(g) Financial leasing; 
(h) All payment and money transmission servi ces, including credit, charge and debit 
cards, travellers checks and bankers drafts; 
(i) Guarantees and commitments; 
(j) Trading for own account or for account of customers, whether on an exchange, in an 
over-the-counter market or otherwise, the following: 
(i) money market instruments (including ch ecks, bills, certificates of deposits); 
(ii) foreign exchange; 
(iii) derivative products including, but no t limited to, futures and options; 
(iv) exchange rate and interest rate instru ments, including products such as swaps, 
forward rate agreements; 
(v) transferable securities; 
(vi) other negotiable instruments and financial assets, including bullion; 
(k) Participation in issues of all kinds of securities, including underwriting and placement 
as agent (whether publicly or privately) a nd supply of services related to such issues; 
(l) Money broking; 
(m) Asset management, such as cash or portfolio management, all forms of collective 
investment management, pension fund ma nagement, custodial, depository and trust 
services; 
(n) Settlement and clearing services for financia l assets, including securities, derivative 
products, and other negotiable instruments; 
(o) Provision and transfer of financial inform ation, and financial data processing and 
related software by suppliers of other financial services; 
(p) Advisory, intermediation and other auxilia ry financial services on all the activities 
listed in subparagraphs (e) through (o), including credit reference and analysis, 
investment and portfolio research and advi ce, advice on acquisitions and on corporate 
restructuring and strategy.  WT/REG161/1 
 Page 77 
 
 
7. financial service supplier of a Party  means a person of a Party that is engaged in the 
business of supplying a financial service within the territory of that Party; 
8. investment  means "investment" as defined in Article 15.1.13 (Definitions), except that, with 
respect to "loans" and "debt instrume nts" referred to in that Article: 
(a) a loan to or debt instrument issued by a financial institution is an investment only 
where it is treated as regulatory capital by th e Party in whose territory the institution 
is located; and 
(b) a loan granted by or debt instrument owne d by a financial institution, other than a 
loan to or debt instrument of a financial institution referred to in  subparagraph (a), is 
not an investment. 
For greater certainty, a loan granted by or debt instrument owned by a cross-border financial service 
supplier, other than a loan to or debt instrument i ssued by a financial institution, is an investment if 
such loan or debt instrument meets the criteria fo r investments set out in Article 15.1.13 (Definitions). 
 9. investor of a Party  means a Party or state enterprise ther eof, or a person of that Party, that 
attempts to make, is making, or has made an invest ment in the territory of the other Party; provided, 
however, that a natural person who is a dual national shall be deemed to be exclusively a national of 
the State of his/her dominant and effective nationality; 
10. new financial service  means, for purposes of Article 10.6, a financial service not supplied in 
the territory of the first Party that is supplied with in the territory of the ot her Party, and includes any 
new form of delivery of a financial service or the sale of a financial product that is not sold in the first 
Party's territory. 
11. person of a Party  means "person of a Party" as defined in Article 1.2 (General Definitions) 
and, for greater certainty, does not include a branch of an institution of a non-party; 
12. public entity  means a central bank or monetary aut hority of a Party, or any financial 
institution 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 commercial te rms; for greater certainty, a public entity
10-6 shall not be 
considered a designated monopoly or a governme nt enterprise for purposes of Chapter 12 
(Anticompetitive Business Conduct, Designate d Monopolies and Government Enterprises); 
13. regional level  means 
(a) for the United States, the 50 states, the Dist rict of Columbia and Puerto Rico, and 
(b) Singapore has no government at the regional level; for Singapore, "local government 
level" means entities with sub-nationa l legislative or executive powers under 
domestic law, including Town Councils  and Community Development Councils. 
14. self-regulatory organization  means any non-governmental bod y, including any securities or 
futures exchange or market, clearing agency, ot her organization or association, that exercises 
regulatory or supervisory authority over financial ser vice suppliers or financial institutions, by statute 
or delegation from central, regional or local governments or authorities; for greater certainty, a self-
                                                      
10-6 The Federal Deposit Insurance Corporation of the United States and any entity that administers a 
deposit insurance scheme in Singapore shall be deemed to be within the definition of public entity for purposes 
of Chapter 12 (Anticompetitive Business Conduct, Government Monopolies, and Government Enterprises). WT/REG161/1 
Page 78  
 
regulatory organization shall not be considered a designated monopoly for purposes of Chapter 12 
(Anticompetitive Business Conduct, Designate d Monopolies and Government Enterprises). 
 
ANNEX 10A 
 
Application Of Article 10.5
 
 
United States 
 
Insurance And Insurance-Related Services 
 1. For the United States, Article 10.5 applies to the cross-border supply of or trade in financial 
services as defined in subparagraph (a) of the defin ition of cross-border supply of financial services in 
Article 10.20 with respect to 
(a) insurance of risks relating to: 
(i) maritime shipping and commercial av iation and space launching and freight 
(including satellites), with such insurance to cover any or all of the following: 
the goods being transported, the vehicle transporting the goods and any liability arising therefrom; and 
(ii) goods in international transit; 
(b) reinsurance and retrocession, services aux iliary to insurance as referred to in 
subparagraph (d) of the definition of fina ncial service, and insurance intermediation 
such as brokerage and agency as referred to in subparagraph (c) of the definition of 
financial service. 
2. For the United States, Article 10.5 applies to the cross-border supply of or trade in financial 
services as defined in paragraph (c) of the definitio n of cross-border supply of financial services in 
Article 10.20 with respect to insurance services. 
Banking And Other Financial Services (Excluding Insurance) 
 
3. For the United States, Article 10.5 applies with  respect to the provision and transfer of 
financial information and financial data processing and related software as referred to in subparagraph 
(o) of the definition of financial service, and advisory and other auxiliary services, excluding 
intermediation, relating to banking and other financial services as re ferred to in subparagraph (p) of 
the definition of financial service. 
Singapore 
 
Insurance And Insurance-Related Services 
 
1. For Singapore, Article 10.5 applies to the cross- border supply of or trade in financial services 
as defined in sub paragraph (a) of the definition of cross-border supply of a financial service or cross-
border trade in financial services in Article 10.20 with respect to: 
(a) reinsurance and retrocession; 
(b) services auxiliary to insurance comprising act uarial, loss adjustors, average adjustors 
and consultancy services;  WT/REG161/1 
 Page 79 
 
 
(c) insurance of "MAT" risks comprising 
(i) maritime shipping and commercial av iation and space launching and freight 
(including satellites), with such insurance to cover any or all of the following: 
the goods being transported, the vehicle transporting the goods and any liability arising therefrom; and 
(ii) goods in international transit; 
(d) reinsurance intermediation by brokerages; and 
(e) MAT intermediation by brokerages. 
2. For Singapore, Article 10.5 applies to the cross- border supply of or trade in financial services 
as defined in subparagraph (c) of the definition of cross-border supply of a financial service or cross-
border trade in financial services in Article 10.20 with respect to services auxiliary to insurance 
comprising actuarial, loss adjustors, aver age adjustors and consultancy services. 
Banking And Other Financial Services (Excluding Insurance) 
 
3. For Singapore, Article 10.5 applies with respect to 
(a) financial leasing, provided that access to customer information of banks in Singapore 
is limited to financial institutions licensed in Singapore; 
(b) provision and transfer of financial information; 
(c) provision of financial data processing and related software; 
(d) trading in money market instruments, fore ign exchange, exchange rate and interest 
rate instruments with financial institutions in Singapore; 
(e) corporate finance advisory services, offered: 
(i) to a related corporation or accredited i nvestors only, provided that clients do 
not engage in public offerings of securities on the basis of such advice, and that such advice is not disclosed to  clients' shareholders who are not 
accredited investors or to the public; or 
(ii) through a related corporation that is holding (or exempted from holding) a 
capital markets services license to advise on corporate finance under the Securities and Futures Act (Cap. 289); and 
(f) advisory and other auxiliary services, excluding intermediation and services 
described in subparagraph (e), relating to banking and other financial services 
referred to in subparagraph (p) in the defin ition of "financial service" in Article 10.20 
to the extent that such services are pe rmitted in the future by Singapore. 
 
   WT/REG161/1 
Page 80  
 
ANNEX 10B 
 
Introductory Note For The Schedule Of Singapore To Annex 10B
 
 1. The Schedule of Singapore to Annex 10B sets out: 
(a) in Section A, the headnotes that limit or clarify the commitments of Singapore with 
respect to the obligations described in subpa ragraphs (i) - (v) of paragraph (b), and 
(b) in Section B, pursuant to Article 10.9 (Non-Conforming Measures), the existing 
measures of Singapore that are not subject to some or all of the obligations imposed by: 
(i) Article 10.2 (National Treatment); 
(ii) Article 10.3 (Most-Favoured-Nation Treatment); 
(iii) Article 10.4 (Market Access for Financial Institutions); 
(iv) Article 10.5 (Cross-Border Trade); 
(v) Article 10.8 (Senior Management and Boards of Directors). 
2. Each entry in Section B as described in pa ragraph 1(b) sets out the following elements: 
(a) Type of reservation  sets out the obligations referred  to in paragraph 1(b) with 
respect to which the entry is made; 
(b) Level of government  indicates the level of government maintaining the listed 
measure(s); 
(c) Measure  identifies the laws, regulations or other measures for which the entry is 
made. A measure cited in the measure  element: 
(i) means the measure as amended, continue d or renewed as of the date of entry 
into force of this Agreement; 
(ii) includes any subordinate measure adopted or maintained under the authority 
of and consistent with the measure; 
(d) Description  sets out the non-conforming aspects of the entry. 
3. In accordance with Article 10.9.1(a), the articles of this Agreement referred to by their titles 
in the Type of reservation  element of an entry do not apply to the law, regulation or other measures 
identified in the Measures  element or described in the Description  element of that entry. 
4. Both Parties agree that references in the Schedul e of a Party to the Annex to any enterprise or 
entity apply as well to any successor enterprise or en tity, which shall be entitled to benefit from any 
listing of a non-conforming measure with respect to that enterprise or entity. 
Introductory Note For The United States Schedule To Annex 10B
 
 
Relating To Banking And Other N on-Insurance Financial Services 
  WT/REG161/1 
 Page 81 
 
 
1. The Schedule of the United States to Annex 10B with respect to banking and other 
noninsurance financial services sets out: 
(a) in Section A, the headnotes that limit or cl arify the commitments of the United States 
with respect to the obligations described in  subparagraphs (i)-(iv) of paragraph (b), 
and 
(b) in Section B, pursuant to Article 10.9 (Non-Conforming Measures), the existing 
measures of the United States that are not subject to some or all of the obligations imposed by: 
(i) Article 10.2 (National Treatment); 
(ii) Article 10.3 (Most-Favoured-Nation Treatment); 
(iii) Article 10.4 (Market Access fo r Financial Institutions); or 
(iv) Article 10.8 (Senior Management and Boards of Directors). 
2. Each entry in Section B as described in pa ragraph 1(b) sets out the following elements: 
(a) Description of Non-Conforming Measures  sets out the non-conforming aspects of 
the entry and the subsector, financial institu tion, or activities covered by the entry; 
(b) Measures  identifies the laws, regulations or ot her measures for which the entry is 
made. A measure cited in the Measures element: 
(i) means the measure as amended, continue d or renewed as of the date of entry 
into force of this Agreement, and 
(ii) includes any subordinate measure adopted or maintained under the authority 
of and consistent with the measure; 
(c) Obligations Concerned  indicates the obligations referred to in paragraph 1(b) with 
respect to which the entry is made. 
Relating To Insurance: 
 
3. The Schedule of the United States to Annex 10B with respect to insurance sets out: 
(a) headnotes that limit or clarify the commitmen ts of the United States with respect to 
the obligations described in subparagr aphs (i)-(v) of paragraph (b), and 
(b) pursuant to Article 10.9 (Non-Conforming Measures), a schedule of existing 
measures of the United States that do not conform to some or all of the obligations imposed by: 
(i) Article 10.2 (National Treatment); 
(ii) Article 10.3 (Most-Favoured-Nation Treatment); 
(iii) Article 10.4 (Market Access for Financial Enterprises); 
(iv) Article 10.5 (Cross-Border Trade); or WT/REG161/1 
Page 82  
 
(v) Article 10.8 (Senior Management and Boards of Directors). 
4. Each entry in the schedule of non-conforming measures described in paragraph 3(b) sets out 
the following elements: 
(a) Obligations Concerned  specifies the obligation(s) referre d to in paragraph 1(b) that, 
pursuant to Article 10.9, do not apply to the listed measure(s); 
(b) Level of Government  indicates the level of government maintaining the listed 
measure(s); 
(c) Measures  identifies the laws, regulations or ot her measures for which the entry is 
made. A measure cited in the Measures element: 
(i) means the measure as amended, continue d or renewed as of the date of entry 
into force of this Agreement, and 
(ii) includes any subordinate measure adopted or maintained under the authority 
of and consistent with the measure; 
(d) Description  provides a general, nonbinding description of the Measures. 
Common Provisions 
 
5. In accordance with Article 10.9.1 (a), the ar ticles of this Agreement specified in the 
Obligations Concerned element of an entry do not  apply to the law, regulation or other measure 
identified in the Measures element or in the Descri ption of Non-Conforming Measures element of that 
entry. 
6. Where the United States maintains a measure that  requires that a service supplier be a citizen, 
permanent resident or resident of its territory as a condition to the provision of a service in its 
territory, a listing for that measure taken in Annex 10B with respect to Artic les 10.2, 10.3, 10.4, or 
10.5 shall operate as a reservation with respect to Articles 15.4 (National Treatment and Most-Favoured-Nation Treatment) and 15.8 (Performance Requirements), to the extent of that measure. 
7. Both Parties agree that references in the Sche dule of a Party to Annex 10B to any enterprise 
or entity apply as well to any successor enterprise or en tity, which shall be entitled to benefit from any 
listing of a non-conforming measure with respect to that enterprise or entity. 
 
ANNEX 10C 
 
Specific Commitments
 
 
Singapore 
 
Related To Article 10.1 (Scope And Coverage) 
 1. This Chapter shall apply to the following servi ces to the extent they are covered by the 
obligations of this Chapter through application of the exception in Article 10.1.3: 
- Sale and distribution services for government debt. 
 
  WT/REG161/1 
 Page 83 
 
 
Related To Article 10.4 (Market Access) 
 
2. Notwithstanding item 1 of the non-conforming measures related to banking listed in 
Singapore's Schedule to Annex 10B, Singapore shall appr ove, by the date of entry into force of this 
Agreement, one new full bank license and two additi onal customer service locations for a financial 
institution of the United States. 
Related To Article 10.5 (Cross Border Trade) 
 
3. No later than January 1, 2006, the Parties shal l consult on further liberalization by Singapore 
of cross-border trade in the services described in pa ragraph 3(f) of Singapore's Schedule to         
Annex 10A. 
Related To Article 10.15 (Expedited Availability Of Insurance Services) 
 
4. Singapore shall not require product filing or appr oval for insurance products other than for 
life insurance products, Central Provident Fund-re lated products and inv estment-linked products. 
Where product filing or approval is required, Singa pore shall allow the introduction of the product, 
which Singapore shall deem to be approved unless the product is disapproved within a reasonable 
time, endeavouring to do so within  30 days. Singapore shall not mainta in limitations on the number or 
frequency of product introductions. This specific commitment does not apply where a financial 
institution of the United States seeks to supply a ne w financial service pursuant to Article 10.6 (New 
Financial Services). 
Related To Article 10.17 (Consultations) 
 
5. No later than January 1, 2007, and every thr ee years thereafter, the Parties shall consult 
concerning any existing limitations on acquisitions of control by United States financial institutions of 
Singapore-incorporated banks that are controlled by persons of Singapore. 
Related To Portfolio Management 
 
6. (a) Singapore shall allow, in a manner consiste nt with Article 10.1, a financial institution 
(other than a trust company or insurance co mpany), organized outside its territory, to 
provide investment advice a nd portfolio management servi ces, excluding (1) custodial 
services, (2) trustee services, and (3) execution services that are not related to 
managing a collective investment scheme, to the manager of a collective investment 
scheme, where the manager is 
(i) located in the territory of Singapore, and 
(ii) related to the financial institution. 
(b) For purposes of this paragraph, 
(i) collective investment scheme  has the meaning given to it under Section 2 of 
the Securities and Futures Act (Cap. 289); and 
(ii) related  means a related corporation as defined under Section 6 of the 
Companies Act (Cap. 50). 
7. Singapore shall accord most-favoured-nation treatme nt to financial institutions of the United 
States in the award of asset management mandate s by the Government of Singapore Investment 
Corporation. WT/REG161/1 
Page 84  
 
Related To Credit And Charge Cards 
 
8. Singapore shall consider applications for access to automated teller machine networks 
operated by local banks in the territory of Singa pore for credit and charge cards of non-bank issuers 
that are controlled by persons of the United States. 
United States 
 Related To Article 10.1 (Scope And Coverage) 
 
1. For the United States, this chapter shall apply to the following services to the extent they are 
covered by the obligations of this chapter throug h application of the exception in Article 10.1.3: 
(a) fiscal agency or depository services, 
(b) liquidation and management services for regulated financial institutions; and 
(c) sale and distribution services for government debt.  
Related To Article 10.15 (Expedited Availability Of Insurance Services) 
 
2. Recognizing the principles of federalism under th e U.S. Constitution, the history of state 
regulation of insurance in the United States, and the McCarran-Ferguson Act, the United States 
welcomes the efforts of the National Association of Insurance Commissioners ("NAIL") relating to 
the availability of insurance servi ces as expressed in the NAIC's "State ment of Intent: The Future of 
Insurance Regulation.", including the initiatives on speed-to-market intentions and regulatory re-
engineering (under Part II of the Statement of Intent). This specific commitment does not apply where 
a financial institution of Singapore seeks to supply a new financial service pursuant to Article 10.6. 
Related To Portfolio Management 
 
3. (a) The United States shall allow, in a manner consistent with Article 10.1, a financial 
institution (other than a trust company or insurance company), organized outside its 
territory, to provide investment advice a nd portfolio management services, excluding 
(1) custodial services, (2) trustee servi ces, and (3) execution services that are not 
related to managing a collective investme nt scheme, to a collective investment 
scheme located in the territo ry of the United States. 
(b) For purposes of this paragraph, collective investment scheme  means an investment 
company registered with the Securities and Exchange Commission under the 
Investment Company Act of 1940. 
 
ANNEX 10D 
 
The Financial Services Committee
 
 1. On request by either Party, the Financial Services Committee shall consider any matter 
relating to: 
(a) the transfer of information in electronic or other form, into and out of a Party's 
territory, by a financial institution for data processing where such processing is 
required in the ordinary course of business;  WT/REG161/1 
 Page 85 
 
 
(b) the protection of the privacy of indivi duals in relation to the processing and 
dissemination of personal data and the prot ection of confidentiality of individual 
records and accounts. 
Authorities Responsible For Financial Services 
 2. The authority of each Party responsible for financial services is: 
(a) for Singapore, the Monetary Authority of Singapore; 
(b) for the United States, the Department of the Treasury for banking and other financial 
services and the Office of the United States Trade Representative, in coordination with the Department of Commerce and ot her agencies, for insurance services. 
 
CHAPTER 11: TEMPORARY ENTRY OF BUSINESS PERSONS 
 
Article 11.1 
 
Definitions
 
  For purposes of this Chapter:   business person  means a national of a Party who is engaged in trade in goods, the provision 
of services or the conduct of investment activities; 
 
 immigration measure  means any law, regulation, or procedure affecting the entry and 
sojourn of aliens, including the issuance of immigration documents authorizing employment to an alien; and  
 temporary entry  means entry into the territory of a Party by a business person of the other 
Party without the intent to establish permanent residence. 
 
Article 11.2 
 
General Principles
 
 
1. This Chapter reflects the preferential trading re lationship between the Parties, the Parties' 
mutual desire to facilitate temporary entry on a comparable basis and of establishing transparent 
criteria and procedures for temporary entry, and the need to ensure border secu rity and to protect the 
domestic Labor force and permanent employment in their respective territories. 
2. This Chapter shall not apply to measures rega rding citizenship, permanent residence, or 
employment on a permanent basis. 
Article 11.3 
 
General Obligations  
 
1. Each Party shall apply its measures relating to  the provisions of this  Chapter in accordance 
with Article 11.2 and, in particular, shall appl y expeditiously those measures so as to avoid unduly 
impairing or delaying trade in goods or servi ces or conduct of investment activities under this 
Agreement. WT/REG161/1 
Page 86  
 
2. For greater certainty, nothing in this Chapter sh all prevent a Party from applying measures to 
regulate the entry of natural persons into, or thei r 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 unduly impair 
or delay trade in goods or services or conduct of i nvestment activities under this  Agreement. The sole 
fact of requiring a visa, or other document author izing employment to a bus iness person, for natural 
persons shall not be regarded as unduly impairing or delaying trade in goods or services or conduct of 
investment activities under this Agreement. 
Article 11.4 
 
Grant Of Temporary Entry
 
 1. Each Party shall grant temporary entry to business persons listed in  Annex 11A who are 
otherwise qualified for entry under applicable measu res relating to public health and safety and 
national security, in accordance with this Chapter. 
2. A Party may refuse to issue an immigration doc ument authorizing employment to a business 
person where the temporary entry of that person might affect adversely: 
(a) the settlement of any Labor dispute that is  in progress at the place or intended place 
of employment; or 
(b) the employment of any person who is involved in such dispute. 
3. When a Party refuses pursuant to paragraph 2 to  issue an immigration document authorizing 
employment, it shall: 
(a) take measures to allow the business pers on to be informed in writing; and 
(b) promptly notify the other Party in writing of the reasons for the refusal. 
4. Each Party shall set any fees for processing app lications for temporary entry of business 
persons in a manner consiste nt with Article 11.3.1. 
Article 11.5 
 
Regulatory Transparency
 
 1. Each Party shall maintain or establish contact points or other mechanisms to respond to 
inquiries from interested persons regarding regula tions affecting the temporary entry of business 
persons. 
2. If a Party receives comments regarding a propo sed regulation from interested persons, it 
should publish a concise statement addressing those comments at the time that it adopts the final regulations. 
3. To the extent possible, each Party shall allo w reasonable time between publication of final 
regulations affecting the temporary entry of  business persons and their effective date. 
4. Each Party shall, within a reasonable period of  time after an application requesting temporary 
entry is considered complete under its domestic la ws and regulations, inform the applicant of the 
decision concerning the application. At the request of the applicant, the Party shall provide, without 
undue delay, information concerning the status of the application.  WT/REG161/1 
 Page 87 
 
 
5. Prior to the entry into force of this Agreemen t, the Parties shall exchange information on 
current procedures relating to the processing of app lications for temporary entry, including processing 
goals that apply to business persons of the other Pa rty. Each Party shall endeavour to achieve these 
goals and make available upon request to the other Pa rty, in accordance with its domestic law, data 
respecting the attainment of these processing goals. 
6. For purposes of this Article, regulation  means a measure of general application other than a 
law, and includes a measure that establishes or applies to licensing authorization or criteria. 
Article 11.6 
 
Provision Of Information  
 
 Further to Article 19.3 (Publication), each Party shall:  
(a) provide to the other Party such materials as will enable it to become acquainted with 
its measures relating to this Chapter; and 
(b) no later than six months after the date of en try into force of this Agreement, prepare, 
publish, and make available in its own territory , and in the territory of the other Party, 
explanatory material in a consolidated  document regarding the requirements for 
temporary entry under this Chapter in such  a manner as will enable business persons 
of the other Party to become acquainted with them. 
Article 11.7 
 
Temporary Entry Coordinators
 
 1. Each Party shall establish a Temporary Entry Coordinator, which shall include officials 
responsible for immigration measures. 
2. The Temporary Entry Coordinators of the Parties shall: 
(a) establish their own schedule of meetings; 
(b) exchange information on measures that aff ect the temporary entry of business persons 
under this Chapter; 
(c) consider the development of measures to f acilitate the temporary entry of business 
persons on a comparable basis; 
(d) consider the implementation and admi nistration of this Chapter; and 
(e) make available, upon request, to the other Pa rty in accordance with its domestic law, 
data respecting the granting of temporary entry under this Chapter to business persons 
of the other Party who have been issued immigration documents. 
Article 11.8 
 
Dispute Settlement
 
 1. A Party may not initiate proceedings under Article 20.4 (Additional Dispute Settlement 
Procedures) regarding a refusal to grant temporary en try under this Chapter or a particular case arising 
under Article 11.3.1 unless: WT/REG161/1 
Page 88  
 
(a) the matter involves a pattern of practice; and 
(b) the business person has exhausted the availa ble administrative remedies regarding the 
particular matter. 
2. The remedies referred to in paragraph (1)(b) sh all be deemed to be exhausted if a final 
determination in the matter has not been issued by  the competent authority within one year of the 
institution of an administrative proceeding, and the fa ilure to issue a determination is not attributable 
to delay caused by the business person. 
Article 11.9 
 
Relation To Other Chapters
 
 
 Except for this Chapter, Chapters 1 (Establis hment of a Free Trade Area and Definitions), 20 
(Administration and Dispute Settlement), and 21 (General Provisions), and Articles 19.2 (Contact 
Points), 19.3 (Publication), 19.4 (Notification and Provision of Information) , and 19.5 (Administrative 
Proceedings) of Chapter 19 (Transparency), no provision of this Agreement shall impose any 
obligation on a Party regarding its immigration measures. 
  
ANNEX 11A 
 
Section I : Business Visitors
 
 
1. Each Party shall grant temporary entry for up to 90 days to a business person seeking to 
engage in a business activity set ou t in Appendix 11A.1, without requi ring that person to obtain an 
employment authorization, provided that the bus iness person otherwise co mplies with immigration 
measures applicable to temporar y entry, and on presentation of: 
(a) proof of nationality of a Party; 
(b) documentation demonstrating that the business person will be so engaged and 
describing the purpose of entry; and 
(c) evidence demonstrating that the proposed bus iness activity is international in scope 
and that the business person is not seek ing to enter the local Labor market. 
2. Each Party may provide that a business person satisfy the requirements of paragraph 1 by 
demonstrating that: 
(a) the primary source of remuneration for the proposed business activity is outside the 
territory of the Party granting temporary entry; and 
(b) the business person's principal place of business and the actual place of accrual of 
profits, at least predominantly, remain outside such territory. 
3. A Party shall normally accept an oral declaration as to the principal place of business and the 
actual place of accrual of profits. Where the Party re quires further proof, it shall normally consider a 
letter from the employer attesting to these matters as sufficient proof. 
4. Neither Party may:  WT/REG161/1 
 Page 89 
 
 
(a) as a condition for temporary entry under paragraph 1, requi re prior approval 
procedures, petitions, Labor certification tests, or other procedures of similar effect; or 
(b) impose or maintain any numerical restri ction relating to temporary entry under 
paragraph 1. 
 
Section II : Traders And Investors
 
 
1. Each Party shall grant temporary entry and provide confirming documentation to a business 
person seeking to: 
(a) carry on substantial trade in goods or services principally between the territory of the 
Party of which the business person is a nati onal and the territory of the other Party 
into which entry is sought, or 
(b) establish, develop, administer, or provide advice or key technical services to the 
operation of an investment to which th e business person or the business person's 
enterprise has committed, or is in the pro cess of committing, a substantial amount of 
capital,  
in a capacity that is supervisory, executive, or  involves essential skills, provided that the business 
person otherwise complies with immigration measures applicable to temporary entry.  2. Neither Party may: 
(a) as a condition for temporary entry under paragr aph 1, require Labor certification tests 
or other procedures of similar effect; or 
(b) impose or maintain any numerical restri ction relating to temporary entry under 
paragraph 1. 
 
Section III : Intra-Company Transferees
 
 
1. Each Party shall grant temporary entry and provide confirming documentation to a business 
person employed by an enterprise who seeks to render services to that enterprise or a subsidiary or 
affiliate thereof, in a capacity that is manage rial, executive, or involves specialized knowledge, 
provided that the business person otherwise complies with existing immigration measures applicable 
to temporary entry. A Party may require the busines s person to have been employed continuously by 
the enterprise for one year within the three-y ear period immediately preceding the date of the 
application for admission. The Parties understand that, as used in this paragraph, "a business person 
employed by an enterprise who seeks to render services to that enterprise or a subsidiary or affiliate 
thereof, in a capacity that is managerial, ex ecutive or involves special knowledge" has the same 
meaning as "managers, executives and specialists" as defined in relation to intra-corporate transferees 
in a Party's Schedule of Specific Commitments to the GATS. 
2. A Party shall not: 
(a) as a condition for temporary entry under paragr aph 1, require Labor certification tests 
or other procedures of similar effect; or WT/REG161/1 
Page 90  
 
(b) impose or maintain any numerical restri ction relating to temporary entry under 
paragraph 1. 
 
Section IV : Professionals
 
 1. Each Party shall grant temporary entry and provide confirming documentation to a business 
person seeking to engage in a business activity as a professional, or to perform training functions 
related to a particular profession, including condu cting seminars, if the business person otherwise 
complies with immigration measures applicable to temporary entry, on presentation of: 
(a) proof of nationality of a Party; 
(b) documentation demonstrating that the business person will be so engaged and 
describing the purpose of entry; and 
(c) documentation demonstrating the attainment  of the relevant minimum educational 
requirements or alternative credentials. 
2. For purposes of this Chapter, professional  means a national of a Party who is engaged in a 
specialty occupation requiring: 
(a) theoretical and practical application of a body of specialized knowledge; and 
(b) attainment of a post-secondary degree in the specialty requiring four or more years of 
study (or the equivalent of such a degree) as a minimum for entry into the occupation. 
Such degrees include the Bachelor's Degr ee, Master's Degree, and the Doctoral 
Degree conferred by institutions in the United States and Singapore. 
3. Notwithstanding paragraph 2, each Party shall grant temporary entry to business persons 
seeking to engage in a business activity as a professi onal in one of the professions listed in Appendix 
11A.2, provided that the business person possesses the credentials specified and otherwise complies 
with the requirements in paragraph 1 of this Section. 
4. To assist in the implementation of this Chapter,  the Parties shall exchange illustrative lists of 
professions that meet the definition of professional by the date of entry into fo rce of this Agreement. 
The Parties shall also exchange information on post -secondary education, in order to facilitate the 
evaluation of applications for temporary entry. 
5. A Party shall not: 
(a) as a condition for temporary entry under paragraph 1, requi re prior approval 
procedures, petitions, Labor certification tests, or other procedures of similar effect; 
or 
(b) impose or maintain any numerical restri ction relating to temporary entry under 
paragraph 1. 
6. Notwithstanding paragraph 5(a), a Party may require a business person seeking temporary 
entry under this Section to comply with procedur es applicable to temporary entry of professionals, 
such as an attestation of compliance with the Part y's Labor and immigration laws or a requirement 
that the business person meet certain salary criteria.  WT/REG161/1 
 Page 91 
 
 
7. Notwithstanding paragraphs 1 and 5, a Party may establish an annual numerical limit, which 
shall be set out in Appendix 11A .3, regarding temporary entry of business persons of the other Party 
seeking to engage in business activities as a professional. 
8. A Party establishing a numerical limit pursuan t to paragraph 7, unless the Parties agree 
otherwise, may, in consultation with the other Pa rty, grant temporary entry under paragraph 1 to a 
business person who practices in a profession where accreditation, licensing, and certification 
requirements are mutually recognized by the Parties. 
9. Nothing in paragraph 7 or 8 sh all be construed to limit the ability of a business person to seek 
temporary entry under a Party's applicable immigrat ion measures relating to the entry of professionals 
other than those adopted or maintained pursuant to paragraph 1. 
 
APPENDIX 11A.1 
 
Business Visitors  
 
Definitions 
 
 For purposes of this Appendix, territory of the other Party  means the territory of the Party 
other than the territory of the Party into which temporary entry is sought.   The Parties agree that the business visitors re ferred to below are not seeking to establish a 
direct employer-employee relationship in the territory of the Party into which temporary entry is 
sought.  
Research And Design 
 
- Technical, scientific, and statistical r esearchers conducting independent research or 
research for an enterprise located in the territory of the other Party. 
 
Growth, Manufacture, And Production 
 
- Purchasing and production management pe rsonnel conducting commercial transactions 
for an enterprise located in the territory of the other Party. 
 
Marketing 
 
- Market researchers and analysts conducting inde pendent research or analysis or research 
or analysis for an enterprise located in the territory of the other Party. 
 
- Trade fair and promotional pers onnel attending a trade convention. 
 
Sales 
 
- Sales representatives and agents negotiating cont racts for, but not delivering or providing, 
goods or services for an enterprise located in th e territory of the other Party that do not 
involve direct transactions with the general public. 
 - Buyers purchasing for an enterprise located in the territory of the other Party. 
 
  WT/REG161/1 
Page 92  
 
Distribution 
 
- With respect to temporary entry into th e United States, Singaporean customs brokers 
performing brokerage duties relating to the export of goods from the territory of the 
United States to or through the territory of  Singapore. With respect to temporary entry 
into the territory of Singapore, United States customs brokers performing brokerage 
duties relating to the export of goods from the territory of Singapore to or through the territory of the United States. 
 - Customs brokers providing consulting services regarding the facilitation of the import or 
export of goods. 
 
After-Sales Service 
 
- Installers, repair and maintenance pers onnel, and supervisors, possessing highly 
specialized knowledge essential to a seller's c ontractual obligation, performing services or 
training workers to perform services, pursuan t to a warranty or other directly-related 
service contract included as part of the sale of commercial or industrial equipment or machinery, including computer software, purch ased from an enterprise located outside the 
territory of the Party into which temporary entry is sought, during the life of the warranty or directly-related service agreement. 
 
General Service 
 
- Managers, executives, and specialists
1 entering to negotiate specified or defined 
commercial transactions for an enterprise locat ed in the territory of the other Party. 
 
- Managers, executives, and specialists1 in the financial services sector (insurers, bankers, 
or investment brokers) entering to negotiate specified or defined commercial transactions 
for an enterprise located in the territory of the other Party. 
 - Public relations and advertis ing managers, executives, and specialists' attending or 
participating in conventions, or  consulting with business associates regarding specified or 
defined commercial transactions for an enterp rise located in the territory of the other 
Party. 
 - Tourism personnel (tour and travel agents, t our guides, or tour operators) attending or 
participating in conventions or conducting a tour that has begun in the territory of the 
other Party. 
 - Translators or interpreters performing servi ces as employees of an enterprise located in 
the territory of the other Party, and for a defined commercial transaction for that 
enterprise. 
 
    
                                                     
 
1 As defined in relation to intra-corporate or company transferees in each  Party's Schedule of 
Commitments to the GATS.  WT/REG161/1 
 Page 93 
 
 
APPENDIX 11A.2 
 
PROFESSION MINIMUM EDUCATION REQUIREMENTS 
  AND ALTERNATIVE CREDENTIALS 
 Disaster Relief Claims Adjuster Baccalaureate Degree, and successful completion 
of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment and successful completion of training in the 
appropriate areas of insurance adjustment 
pertaining to disaster relief claims. 
 Management Consultant Baccalaureate Degree. If the degree is in a 
discipline not related to the area of the consulting 
agreement, then equivalent professional 
experience as established by statement or professional credential attesting to three years experience in a field or specialty related to the consulting agreement is required. 
 
 
APPENDIX 11A.3 
 
United States 
 
1. Beginning on the date of entry into force of th is Agreement, the United States shall annually 
approve as many as 5,400 initial applications of business persons of Singapore seeking temporary 
entry under Section IV of Anne x 11A to engage in a business activity at a professional level. 
2. For purposes of paragraph 1, the United States shall not take into account: 
(a) the renewal of a period of temporary entry; 
(b) the entry of a spouse or children accompanyi ng or following to join the principal 
business person; 
(c) an admission under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality 
Act, 1952, as it may be amended, including the worldwide numerical limit established 
by section 214(g)(1)(A) of that Act; or 
(d) an admission under any other provision of secti on 101 (a) (15) of that Act relating to 
the entry of professionals. WT/REG161/1 
Page 94  
 
CHAPTER 12: ANTICOMPETITIVE BUSINESS CONDUCT, DESIGNATED 
MONOPOLIES, AND GOVERNMENT ENTERPRISES 
 
Article 12.1 
 
Objectives
 
  Recognizing that the conduct subject to this Chap ter has the potential to restrict bilateral trade 
and investment, the Parties believe proscribi ng such conduct, implementing economically sound 
competition policies, and engaging in cooperation will help secure th e benefits of this Agreement. 
 
Article 12.2 
 
Anticompetitive Business Conduct
 
 
1. Each Party shall adopt or maintain measur es to proscribe anticompetitive business conduct12-1 
with the objective of promoting economic efficiency and consumer welfare, an d shall take appropriate 
action with respect to such conduct. 
2. Each Party shall establish or maintain an aut hority responsible for the enforcement of its 
measures to proscribe anticompetitive business conduc t. The enforcement policy of the Parties' 
national authorities responsible for the enforcemen t of such measures includes not discriminating on 
the basis of the nationality of the subjects of thei r proceedings. Each Party shall ensure that a person 
subject to the imposition of a sanction or remedy for violation of such measures is provided with the 
opportunity to be heard and to present evidence, and to seek review of such sanction or remedy in a 
domestic court or independent tribunal. 
Article 12.3 
 
Designated Monopolies And Government Enterprises  
 1. Designated Monopolies 
(a) Nothing in this Chapter shall be constr ued to prevent a Party from designating a 
monopoly. 
(b) Where a Party designates a monopoly and the designation may affect the interests of 
persons of the other Party, the Party shall: 
(i) at the time of the designation endea vour to introduce such conditions on the 
operation of the monopoly as will minimize or eliminate any nullification or impairment of benefits in the sense of Article 20.4.1 (c) (Additional Dispute 
Settlement Procedures); and 
(ii) provide written notification, in advance wherever possible, to the other Party 
of the designation and any such conditions. 
(c) Each Party shall ensure that any privately-owned monopoly that it designates after the 
date of entry into force of this Ag reement and any government monopoly that it 
designates or has designated: 
                                                     
 
12-1 Singapore shall enact general competition legislation by January 2005, and shall not exclude 
enterprises from that legislation on the basi s of their status as government enterprises.  WT/REG161/1 
 Page 95 
 
 
(i) acts in a manner that is not inconsistent  with the Party's obligations under this 
Agreement wherever such a monopoly exercises any regulatory, administrative, or other governmental authority that the Party has delegated to it in connection with the monopoly good or service, such as the power to grant import or export licenses, approve commercial transactions, or impose 
quotas, fees or other charges; 
(ii) acts solely in accordance with commerc ial considerations in its purchase or 
sale of the monopoly good or service in the relevant market, including with regard to price, quality, availability, marketability, transportation, and other 
terms and conditions of purchase or sale,  except to comply with any terms of 
its designation that are not inconsiste nt with subparagraph (iii) or (iv); 
(iii) provides non-discriminatory treatment to covered investments, to goods of 
the other Party, and to service suppliers  of the other Party in its purchase or 
sale of the monopoly good or service in the relevant market; and 
(iv) does not use its monopoly position to engage , either directly or indirectly, 
including through its dealings with its parent, subsidiaries, or other 
enterprises with common ownership, in anticompetitive practices in a non-monopolized market in its territory that adversely affect covered investments. 
2. Government Enterprises 
(a) Nothing in this Agreement shall be constr ued to prevent a Party from establishing or 
maintaining a government enterprise. 
(b) Each Party shall ensure that any government  enterprise that it establishes or maintains 
acts in a manner that is not inconsistent with the Party's obligations under this 
Agreement wherever such en terprise exercises any regulatory, administrative, or 
other governmental authority that the Party has delegated to it, such as the power to expropriate, grant licenses, approve commerc ial transactions, or impose quotas, fees, 
or other charges. 
(c) The United States shall ensure that any gove rnment enterprise that it establishes or 
maintains accords non-discriminatory treatment in the sale of its goods or services to covered investments. 
(d) Singapore shall ensure that any government enterprise: 
(i) acts solely in accordance with commerc ial considerations in its purchase or 
sale of goods or services, such as with regard to price, quality, availability, 
marketability, transportation, and other terms and conditions of purchase or 
sale, and provides non-discriminatory treatment to covered investments, to goods of the United States, and to serv ice suppliers of the United States, 
including with respect to its purchases or sales;
12-2 and 
(ii) does not, either directly or indirectly, including through its dealings with its 
parent, subsidiaries, or other en terprises with common ownership: 
                                                      
12-2 The Parties recognize that shareholders do not ov ersee the day-to-day oper ations of enterprises. 
Nothing in this provision is intended to require or enc ourage action that would be inconsistent with applicable 
U.S. or Singapore law. WT/REG161/1 
Page 96  
 
(A) enter into agreements among comp etitors that restrain competition on 
price or output or allocate customers for which there is no plausible efficiency justification, or 
 (B) engage in exclusiona ry practices that substa ntially lessen competition 
in a market in Singapore to the detriment of consumers. 
 
(e) Singapore shall take no action or attempt in any way, directly or indirectly, to 
influence or direct decisions of its gov ernment enterprises, including through the 
exercise of any rights or interests conferri ng effective influence ove r such enterprises, 
except in a manner consistent with this Ag reement. However, Singapore may exercise 
its voting rights in government enterprises in  a manner that is not inconsistent with 
this Agreement. 
(f) Singapore shall continue reducing, with a goal of substantially eliminating, its 
aggregate ownership and other interests that  confer effective influence in entities 
organized under the laws of Singapore, taking into account, in the timing of 
individual divestments, the state of relevant capital markets. 
(g) Singapore shall: 
(i) at least annually, make public a conso lidated report that details for each 
covered entity: 
(A) the percentage of shares and th e percentage of voting rights that 
Singapore and its government enterprises cumulatively own; 
 (B) a description of any special shares or special voting or other rights 
that Singapore or its government enterprises hold, to the extent 
different from the rights attached to the general common shares of 
such entity; 
 (C) the name and government title(s) of any government official serving 
as an officer or member of the board of directors; and 
 (D) its annual revenue or total assets,  or both, depending on the basis on 
which the enterprise qualifies as a covered entity. 
 
(ii) on receipt from the United States of a re quest regarding a specific enterprise, 
provide to the United States the information listed in clause (i), for any enterprise that is not a covered entity or an enterprise excluded under Article 
12.8.1 (d) and 12.8.1(e), with the understanding that the information may be 
made public. 
3. The charging of different prices in different markets, or within the same market, where such 
differences are based on normal commercial consid erations, such as taking account of supply and 
demand conditions, is not in itself inconsistent with this Article. 
4. This Article does not apply to government procurement. 
 
  WT/REG161/1 
 Page 97 
 
 
Article 12.4 
 
Cooperation  
  The Parties recognize the importance of coope ration and coordination to further effective 
competition law and policy development in the free trade area and agree to cooperate on these 
matters.  
Article 12.5 
 
Transparency And Information Requests
 
 1. The Parties recognize the value of transp arency of their competition policies. 
2. Each Party, at the request of the other Pa rty, shall make available public information 
concerning the enforcement of its measures proscribing anticompetitive business conduct. 
3. Each Party, at the request of the other Pa rty, shall make available public information 
concerning government enterprises, and designated monopolies, public or private. Requests for such 
information shall indicate the entities involved, specify  the particular products and markets concerned, 
and include some indicia that these entities may be engaging in practices that may hinder trade or 
investment between the Parties. 
4. Each Party, at the request of the other Pa rty, shall make available public information 
concerning exemptions to its measures proscr ibing anticompetitive business conduct. Requests for 
such information shall specify the particular pr oducts and markets of concern and include some 
indicia that the exemption might hinder trade or investment between the Parties. 
Article 12.6 
 
Consultations
 
 1. To foster understanding between the Parties, or  to address specific matters that arise under 
this Chapter, each Party shall, at  the request of the other Party, enter into consultations regarding 
representations made by the other Party. In its requ est, the Party shall indicate, if relevant, how the 
matter affects trade or investment between the Parties. The Party addressed shall accord full and 
sympathetic consideration to the concerns of the other Party. 
2. Where consultations under paragraph 1 concer n conduct covered by Article 12.3.2(d)(ii), 
Singapore shall inform the United States of the step s it has taken or plans to take to examine the 
conduct at issue, shall apprise the United States wh en Singapore's responsible authorities decide to 
initiate or not to initiate enforcement proceedings  regarding the conduct, and shall keep the United 
States regularly apprised of developments in, a nd the results of, any enforcement proceedings it 
initiates. 
Article 12.7 
 
Disputes
 
 
 A Party shall not have recourse to dispute settlement under this Agreement for any matter 
arising under Article 12.2, 12.4, or 12.6.  
 
 WT/REG161/1 
Page 98  
 
Article 12.8 
 
Definitions
 
  For purposes of this Chapter: 
 
1. covered entity  means: 
(a) an enterprise organized under the laws of  Singapore in which effective influence 
exists, or is rebuttably presumed to exist,  whose annual revenue is greater than SGD 
50 million; 
(b) an enterprise organized under the laws of  Singapore in which effective influence 
exists, or is rebuttably presumed to exist,  whose total assets are greater than SGD 50 
million; and 
(c) any entity organized under the laws of Singapore in which the Government of 
Singapore owns a special voting share with ve to rights relating to such matters as the 
disposal of the undertaking, the acquisition by  any person of a specified percentage of 
the enterprise's share capital, appointments to the board of directors or of management, winding up or dissolution of the enterprise, or any change to the constituent documents concerning the aforementioned matters; 
but excludes: (d) government enterprises organized and op erating solely for the purpose of: 
(i) investing the reserves of the Government of Singapore in foreign markets; or 
(ii) holding investments referred to in clause (i); and 
(e) Temasek Holdings (Pte) Ltd. 
The revenue and total asset threshol ds above shall be adjusted for inflation (or deflation) every five 
years. The Parties may otherwise revise the thresholds by mutual agreement; 
 
2. covered investment  means, with respect to a Party, an  investment in its territory of an 
investor of the other Party. Covered investments shal l include those existing at the date of entry into 
force of this Agreement as well as those est ablished, acquired, or expanded thereafter; 
3. a delegation  includes a legislative grant, and a government order, directive, or other act, 
transferring to the monopoly or government enterprise, or authorizing the exercise by the monopoly or 
government enterprise of, government authority; 
4. designate  means to establish, designate, or authorize a monopoly, or to expand the scope of a 
monopoly, to cover an additional good or ser vice, whether formally or in effect; 
5. effective influence  exists where the government and its government enterprises, alone or in 
combination: 
(a) own more that 50 percent of the voting rights of an entity; or 
(b) have the ability to exercise substantial in fluence over the composition of the board of 
directors or any other managing body of an entity, to determine the outcome of  WT/REG161/1 
 Page 99 
 
 
decisions on the strategic, financial, or operating policies or plans of an entity, or 
otherwise to exercise substantial influen ce over the management or operation of an 
entity. Where the government and its government enterprises, alone or in combination, own 50 percent or less, but more than 20 percent, of the voting 
securities of the entity and own the largest bloc k of voting rights of such entity, there 
is a rebuttable presumption that effective influence exists. Annex 12A provides an 
illustration of how the analysis of effective influence should proceed; 
6. government enterprise  means: 
(a) for the United States, an enterprise owned, or  controlled through ownership interests, 
by that Party; and 
(b) for Singapore, an enterprise in which that Party has effective influence; 
7. government monopoly  means a monopoly that is owned, or controlled through ownership 
interests, by the national government of a Party or by another such monopoly; 
8. in accordance with commercial considerations  means consistent with normal business 
practices of privately-held enterprises in the relevant business or industry; 
9. market  means the geographical and commercial market for a good or service; 
10. monopoly  means an entity, including a consortium or government agency, that in any 
relevant market in the territory of a Party is d esignated as the sole provider or purchaser of a good or 
service, but does not include an en tity that has been granted an exclusive intellectual property right 
solely by reason of such grant; and 
11. non-discriminatory treatment  means the better of national treatment and most-favoured-
nation treatment, as set out in the relevant provision s of this Agreement and subject to the terms and 
conditions set out in the relevant Annexes thereto. WT/REG161/1 
Page 100  
 
ANNEX 12A 
 
Government of a Party
HOLDING COMPANY
COMPANY
A COMPANY
B
COMPANY
C
COMPANY
E COMPANY
HCOMPANY
DCOMPANY
F
COMPANY
G
COMPANY
I51%
5%
100%100%
25%
6%
75%
10%
15%12%
18%67%10%15%
30%
 
 
Holding Company: A government enterprise, since the Government owns more than 50% of it (100%). 
 
Company A: Presumed to be a government enterprise, since Holding Company, a government enterprise, owns 
more than 20% of its shares (assuming Holding Company is largest shareholder). 
 
Company B: Presumed to be a gove rnment enterprise, since Holding Co mpany and Company A, a government 
enterprise, together own more than 20% of its shares (21%) (assuming that the block of 21% owned by Holding 
Company and Company A is the largest block of shares). 
 
Company C: Presumed to be a govern ment enterprise, since Company A, a government enterprise, owns more 
than 50% of its shares (75%). 
 
Company D: Presumed to be a govern ment enterprise, since Company B, a government enterprise, owns more 
than 20% of its shares (30%) (assuming Company B owns the largest block of shares). 
 
Company E: Presumed to be a gov ernment enterprise, si nce Company C, a gover nment enterprise, and 
Company D, a government enterprise, together own more than 20% of its shares (22%) (assuming the block of 22% owned by Companies C and D constitutes the largest block of shares). 
 
Company F: A government enterprise, since Holding Company owns more than 50% of its shares. 
 
Company G: Not a government enterprise, since Comp any B, a government ente rprise, and Company F, a 
government enterprise, together do not own more than 20% of its shares (15%). 
 
Company H: Not a government enterprise, although Co mpany D, a government enterprise, and Company E, 
together owns more than 20% of its shares (33%), Companies D and E do not, together, own the largest block of 
shares, since Company G, not a governmen t enterprise, owns 67% of its shares. 
 
Company I: Not a government enterprise, since Company G is not a government enterprise.  WT/REG161/1 
 Page 101 
 
 
CHAPTER 13: GOVERNMENT PROCUREMENT 
 
Article 13.1 
 
General  
 
1. The Parties reaffirm their rights and obligations  under the GPA and their interest in further 
expanding bilateral trading opportunities in each Party's government procurement market. 
2. The Parties recognize their shared interest in promoting international liberalization of 
government procurement markets in the context of the rules-based international trading system. The 
Parties shall continue to cooperate in the review under Article XXIV:7 of the GPA and on 
procurement matters in APEC and ot her appropriate interna tional fora. The Parties shall also actively 
cooperate to implement the WTO D oha Ministerial mandate related to  the negotiation of a multilateral 
agreement on transparency in government procurement. 
3. Nothing in this Chapter shall be construed to de rogate from either Party's rights or obligations 
under the GPA. 
4. The Parties confirm their desire and determina tion to apply the APEC Non-Binding Principles 
on Government Procurement, as appropriate, to all their government procurement that is outside the 
scope of the GPA and this Chapter. 
Article 13.2 
 
Scope And Coverage  
 1. This Chapter applies to measures adopted or  maintained by a Party regarding government 
procurement. 
2. For purposes of this Chapter, government procurement  means a procurement: 
(a) by an entity specified in a Party's Schedule 1 to Annex 13A; 
(b) of any combination of goods and services specified in a Party's Schedule 2 to Annex 
13A; 
(c) by any contractual means, including those listed in Article I:2 of the GPA and any 
build-operate-transfer contract; and 
(d) in which the contract has a value not less than the relevant threshold set out in 
Schedule 1 to Annex 13A. 
3. Except as otherwise specified in Annexes 13A and 13B, this Chapter does not cover 
noncontractual agreements or any form of governmental assistance, including: 
(a) cooperative agreements; 
(b) grants; 
(c) loans; 
(d) equity infusions; WT/REG161/1 
Page 102  
 
(e) guarantees; 
(f) fiscal incentives; and 
(g) governmental provision of goods and services to persons or governmental authorities 
not specifically covered under the Schedul es to Annexes 13A and 13B of this 
Chapter. 
4. Singapore shall not exercise any control or infl uence, including through any shares that it 
owns or controls or its personnel selections to  corporate boards or positions, in procurement 
conducted by government enterprises, as defined in Article 12.8 (Definitions). 
5. In accordance with Article III:3 of the GPA, the provisions of this Chapter do not affect the 
rights and obligations provided for in Chapters 2 (National Treatment and Market Access for Goods), 
8 (Cross-Border Trade in Services), 10 (F inancial Services), and 15 (Investment). 
6. (a) To ensure comprehensive coverage, this  Chapter covers government procurement of 
digital products, as defined in Article  14.4 (Definitions), that are transmitted 
electronically and are created, produced, cont racted for, commissioned, or first made 
available on commercial terms in the territory of the other Party. 
(b) For greater certainty, digital products do not include digitized representations of 
financial instruments. In addition, the obligations on digital products under this 
Chapter shall not apply to the procurement of broadcasting services. 
(c) For greater certainty, a Party's obligations relating to the government procurement of 
digital products are addressed only in this Chapter. 
Article 13.3 
 
Incorporation Of GPA Provisions
 
 1. The Parties shall apply the provisions of Article s II, III, IV: 1, VI-XV, XVI:1, XVIII, XIX:1-
4, XX, the Agreement Notes, and Appendices II-IV of  the GPA to all government procurement. To 
that end, these GPA Articles and Appendices, the not es to the Appendices, Notes to Annexes 1 to 5 of 
Appendix 1,
13-1 Singapore's General Note, and U.S. Genera l Notes 14 are incorporated into and made 
a part of this Chapter, mutatis mutandis . For greater certainty, Article VI is not intended to preclude a 
Party from preparing, adopting, or applying technical specifications to promote the conservation of natural resources. 
2. For purposes of the incorporation of the GPA under paragraph 1, the term: 
(a) "Agreement" in the GPA means "Chapter;" except that "countries not Parties to this 
Agreement" means "non-Parties" and "Party to the Agreement in GPA Article III:2(b) means "Party"; 
(b) "Appendix I" in the GPA means "Annex 13A"; 
(c) "Annex 1" in the GPA means "Schedule 1.A"; 
(d) "Annex 2" in the GPA means "Schedule 1.B"; 
                                                     
 
13-1 For greater certainty, nothing in this Chapter sha ll be construed as incorp orating U.S. General   
Note 8.  WT/REG161/1 
 Page 103 
 
 
(e) "Annex 3" in the GPA means "Schedule 1.C"; 
(f) "Annex 4" in the GPA means "Schedule 2.B"; 
(g) "Annex 5" in the GPA means "Schedule 2.C"; 
(h) "from other Parties" in GPA Article IV: 1 means "from the other Party"; 
(i) "any other Party" in GPA Article III: I (b) means "a non-Party"; and 
(j) "among suppliers of other Parties or" in GP A Article VIII shall not be incorporated. 
3. If the GPA is amended or is superseded by a nother agreement, the Parties shall amend this 
Chapter, as appropriate, after consultations. 
Article 13.4 
 
Exceptions  
 1. Nothing in this Chapter shall be construed to prevent either Party from imposing or enforcing 
measures: 
(a) necessary to protect public morals, order, or safety; 
(b) necessary to protect human, animal, or plant life or health; 
(c) necessary to protect intellectual property; or 
(d) relating to products or services of handica pped persons, of philanthropic institutions, 
or of prison Labor, 
provided that such measures are not applied in a ma nner that would constitute a means of arbitrary or 
unjustifiable discrimination between countries wher e the same conditions prevail or a disguised 
restriction on international trade. 
 2. The Parties understand that pa ragraph 1(b) includes environmental measures necessary to 
protect human, animal, or plant life or health. 
Article 13.5 
 
Modifications And Rectifications To Coverage
 
 1. Where a Party proposes to modify or make minor amendments or technical rectifications of a 
purely formal nature to its Schedules to Annex 13A, it shall notify the other Party. If the other Party 
does not object to the proposed modification, minor amendment, or technical rectification within 30 
days of the notification, the modification, minor ame ndment, or technical rectification shall enter into 
force immediately. 
2. If a Party objects to the proposed removal of an entity from Annex 13A on the grounds that 
government control or influence over that entity has not been effectively eliminated, that Party may 
request further information or consultations with a view to clarifying the nature of such government 
control or influence, if any, and reaching agreem ent with the other Party on the entity's status under 
this Chapter. If the Party removing an entity from Annex 13A reaches agreement with the other Party WT/REG161/1 
Page 104  
 
that government control or influence over the entity  has been effectively eliminated, the other Party 
shall not be entitled to compensatory adjustments. 
3. A Party may modify its Schedules to Annex 13A for reasons other than the elimination of 
government control or influence only in exceptional ci rcumstances. In such ca ses, it shall propose to 
the other Party appropriate compensatory adjustment s in order to maintain a level of coverage 
comparable to that existing prior to the modificati on. In considering proposed modifications and any 
consequential compensatory adjustment, allowance sh all be made for the market-opening effects of 
the removal of government control or influence. The modification shall take effect on agreement by 
the Parties that the proposed adjustments will maintain a comparable level of coverage. 
Article 13.6 
 
Definitions
 
  For purposes of this Chapter:  
1. APEC  means Asia Pacific Economic Cooperation; 
2. broadcasting services  means a series of text, video, images, sound recordings and other 
products scheduled by a content provider for audio a nd/or visual reception, and for which the content 
provider has no choice over the scheduling of the series; 
3. build-operate-transfer contract  means any contractual arrangement the primary purpose of 
which is to provide for the constr uction or rehabilitation of physical infrastructure, plant, buildings, 
facilities, or other government-owned works and under which, as consideration for a suppliers 
execution of a contractual arrangement, an entity grants  to the supplier, for a specified period of time, 
temporary ownership or a right to control and op erate, and demand payment for, the use of such 
works for the duration of the contract; and 
4. GPA  means WTO Agreement on Government Procurement. 
 
ANNEX 13A 
 
Schedule 1
 
 
Covered Entities 
 
For the United States: 
 
A. Central Government Entities  
All entities included in United States Appendix I, Annex 1 of the GPA, for procurement 
covered by that Annex. 
  Thresholds:  
for all goods and services (except construc tion services): US$ 56,190, to be adjusted 
every two years in accordance with the formula specified in Annex 13B; and 
 
for construction services: US$ 6,481,000, to  be adjusted in accordance with the 
United States' Appendix I, Annex 1 of the GPA and the procedures set forth in that Agreement, converted into U.S. dollars.  WT/REG161/1 
 Page 105 
 
 
 B. Sub-Central Government Entities  
All entities included in United States Appendix I, Annex 2 of the GPA, for procurement 
covered by that Annex. 
 
 Thresholds:    for all goods and services (except construction services): US$ 460,000; and 
 
  for construction services: US$ 6,481,000. 
 
These thresholds are to be adjusted in accord ance with the United States Appendix I, Annex 2 
of the GPA and the procedures set forth in th at Agreement, converted into U.S. dollars. 
 
C. All Other Entities 
 
All entities included in the United States' Appendix I, Annex 3 of the GPA, for procurement covered by that Annex. 
  Thresholds: 
 
for all goods and services (except constructi on services): the SDR equivalent of US$ 
250,000 or US$ 518,000 (400,000 SDRs) in accordance with the respective lists in U.S. Appendix 1, Annex 3; and 
 
  for construction services: US$ 6,481,000. 
 
These thresholds are to be adjusted in accord ance with the United States' Appendix 1, Annex 
3 of the GPA and the procedures set forth in that Agreement, converted into U.S. dollars. 
 
For Singapore: 
 
A. Central Government Entities  
All entities included in Singapore Appendix I, A nnex 1 of the GPA, for procurement covered 
by that Annex. 
 
 Thresholds:    for all goods and services (except construc tion services): S$ 102,710, to be adjusted 
in accordance with the formula specified in Annex 13B; and 
 
for construction services: S$ 11,376,000, to be adjusted in accordance with 
adjustment of thresholds under Singapore Appendix I, Annex 1 of the GPA and the 
procedures set forth in that Agreement, converted into Singapore dollars. 
 B. Sub-Central Government Entities 
 
 Not applicable for Singapore.  C. All Other Entities:  WT/REG161/1 
Page 106  
 
All entities included in Singapore Appendix I, A nnex 3 of the GPA, for procurement covered 
by that Annex. 
  Thresholds:  
  for all goods and services (except construction services): S$ 910,000; and 
   for construction services: S$ 11,376,000.  
These thresholds are to be adjusted in acco rdance with adjustment of thresholds under 
Singapore Appendix I, Annex 3 of the GPA and the procedures set forth in that Agreement, 
converted into Singapore dollars. 
  
SCHEDULE 2 
 
Covered Goods And Services
 
 
For the United States: 
 
A. Goods 
 
This Chapter applies to all goods covered under the United States Appendix I of the GPA, as 
well as the products covered by Federal Suppl y Code 58 (Communications, Detection & 
Coherent Radiation Equipment), except for the Department of Defence, and subject to the 
exclusions set out in United States Appendix I for specific entities. 
 
B. Services (Other than construction services)  
This Chapter applies to all services in the Un iversal List of Services, as contained in 
document MTN.GNS/W/120 of the WTO, procured  by the entities specified in Schedule 1, 
excluding the following services: 
 
 (1) all transportation services, including Launching Services (CPC Categories 71, 72, 
73,74,8859,8868); 
   Note: Transportation services, where incidental to a contract for the procurement of 
supplies, are not subject to this Chapter. 
  (2) dredging;   (3) all services purchased in support of military forces overseas;  
 (4) management and operation contracts of  certain government or privately owned 
facilities used for government purposes, in cluding federally funded research and 
development centers (FFRDCs); 
  (5) public utilities services; 
 
 (6) basic telecommunications network and ser vices listed in paragraph 2C(a) to (g) of 
document MTN.GNS/W/120 of the WTO, such as public voice and data services. This exclusion does not include information services, as defined in 47 U.S.C. 153 (20). 
  WT/REG161/1 
 Page 107 
 
 
 (7) research and Development; and   (8) printing Services (for GPA Annex 2 entities only).  C. Construction Services 
 
 This Chapter applies to government procurem ent of all services c overed under Appendix I, 
Annex 5 of the GPA. 
 
For Singapore: 
 
A.  Goods   This Chapter applies to all goods covered unde r Singapore's Appendix I, Annex I of the GPA. 
 
B. Services (Other than construction services) 
  This Chapter applies to all services in the Universal List of Services, as contained in 
document MTN.GNS/W/120 of the WTO, excluding the following services:   (1) research and development services; 
 
 (2) police, public order, public safety and security services and compulsory social 
security services; 
  (3) radio and television services, including transmission services;  
 
 (4) exam Services;   (5) asset management and other financia l services procured by MOF (Ministry of 
Finance) and MAS (Monetary Authority of Singapore) for the purpose of managing official foreign reserves and other foreign assets of the Government of Singapore; 
 
 (6) urban planning and landscape architectural services;   (7) real estate services (excluding consultancy services, agency services, auction and   valuation services); 
 
 (8) supply of potable water for human consumption;    (9) social services;   (10) printing of Government legislation and gazette; and 
 
 (11) sale and distribution services for government debt.  C. Construction Services  
 This Chapter applies to government proc urement of all services covered under Singapore's 
Appendix I, Annex 5 of the GPA.    
 WT/REG161/1 
Page 108  
 
ANNEX 13B 
 
Indexation And Conversion Of Thresholds
 
 
1. The calculations referenced in Annex 13A of th is Agreement shall be adjusted in accordance 
with the following formula: 
 T 0 (1+ ð i) = T 1 
 in which:  
 T
0 = threshold value on January 1, 2002 
  ð
i = accumulated inflation rate for the ith two year-period 
  T
1 = new threshold value. 
 
and the accumulated inflation rate (ð i) is measured by: 
 
for the United States, the producer price index for finished products published by the U.S. 
Bureau of Labor Statistics; and 
 
 for Singapore, the consumer price index publishe d by the Singapore Department of Statistics. 
 2. The first adjustment for inflation, to take eff ect on January 1, 2004, shall be calculated using 
the period from November 1, 2001 to October 31, 2003. All subsequent adjustments shall be 
calculated using two-year periods, each period begi nning November 1. The adjustments shall take 
effect on January 1 of the year immediately following the end of the two-year period. 
 
CHAPTER 14: ELECTRONIC COMMERCE 
 
Article 14.1 
 
General
 
  The Parties recognize the economic growth and opportunity provided by electronic commerce and the importance of avoiding barriers to its use and development and the applicability of WTO rules 
to electronic commerce. 
 
Article 14.2 
 
Electronic Supply Of Services
 
  For greater certainty, the Parties affirm that measures related to the supply of a service using 
electronic means falls within the scope of the obligations contained in the relevant provisions of 
Chapters 8 (Cross-Border Trade in  Services), 10 (Financial Services), and 15 (Investment), subject to 
any exceptions applicable to such obligations a nd except where an obligation does not apply to any 
such measure pursuant to Articles 8.7 (Non -Conforming Measures), 10.9 (Non-Conforming 
Measures), or 15.12 (Non-Conforming Measures). 
 
    WT/REG161/1 
 Page 109 
 
 
  
Article 14.3 
 
Digital Products
 
 
1. A Party shall not apply customs duties or other duties, fees, or charges on or in connection 
with the importation or exportation of digital products by electronic transmission.14-1 
2. Each Party shall determine the customs value of  an imported carrier medium bearing a digital 
product according to the cost or value of the carrier medium alone, without regard to the cost or value 
of the digital product stored on the carrier medium. 
3. A Party shall not accord less favourable treatment  to some digital products than it accords to 
other like digital products: 
(a) on the basis that 
(i) the digital products receiving less favourable treatment are created, produced, 
published, stored, transmitted, contracted for, commissioned, or first made 
available on commercial terms,  outside its territory; or 
(ii) the author, performer, producer, developer, or distributor of such digital 
products is a person of the other Party or a non-Party, 
  o r  
 
(b) so as otherwise to afford protection to the other like digital products that are created, 
produced, published, stored, transmitted, cont racted for, commissioned, or first made 
available on commercial terms, in its territory. 
4. (a) A Party shall not accord less favourable treatment to digital products created, 
produced, published, stored, transmitted, cont racted for, commissioned, or first made 
available on commercial terms in the territory  of the other Party than it accords to like 
digital products created, produced, publishe d, stored, transmitted, contracted for, 
commissioned, or first made available on co mmercial terms, in the territory of a non-
Party. 
(b) A Party shall not accord less favourable treat ment to digital products whose author, 
performer, producer, developer, or distributor  is a person of the other Party than it 
accords to like digital products whose aut hor, performer, producer, developer, or 
distributor is a person of a non-Party. 
5. Paragraphs 3 and 4 do not apply to any non- conforming measure described in Article 8.7 
(Non-Conforming Measures), 10.9 (Non-Confor ming Measures), or 15.12 (Non-Conforming 
Measures). 
6. This Article does not apply to measures affecting the electronic transmission of a series of 
text, video, images, sound recordings, and other pr oducts scheduled by a content provider for aural 
and/or visual reception, and for which the conten t consumer has no choice ove r the scheduling of the 
series. 
                                                      
14-1 Paragraph 1 of this Article does not preclude a Party from imposing internal taxes or other internal 
charges provided that these are imposed in a manner consistent with this Agreement. WT/REG161/1 
Page 110  
 
 
Article 14.4 
 
Definitions
 
 
 For purposes of this Chapter: 
 1. carrier medium  means any physical object capable of storing a digital product by any 
method now known or later devel oped, and from which a digital product can be perceived, 
reproduced, or communicated, directly or indirectly , and includes, but is not limited to, an optical 
medium, a floppy disk, or a magnetic tape; 
2. digital products  means computer programs, text, vide o, images, sound recordings and other 
products that are digitally encoded, regardless of whether they are fixed on a carrier medium or transmitted electronically;
14-3 
3. electronic transmission  or transmitted electronically  means the transfer of digital products 
using any electromagnetic or photonic means; and 
4. using electronic means  means employing computer processing. 
 
 
CHAPTER 15: INVESTMENT 
 
Section A - Definitions  
 
Article 15.1 
 
Definitions  
 
 For purposes of this Chapter, it is understood that:  1. central level of government  means: 
(a) for the United States, the federal level of government; and 
(b) for Singapore, the national level of government; 
2. Centre  means the International Centre for Settle ment of Investment Disputes ("ICSID") 
established by the ICSID Convention; 
3. claimant  means an investor of a Party that is a pa rty to an investment dispute with the other 
Party; 
4. covered investment  means, with respect to a Party, an  investment in its territory of an 
investor of the other Party in existence as of th e date of entry into force of this Agreement or 
established, acquired, or expanded thereafter; 
5. disputing parties  means the claimant and the respondent; 
6. disputing party  means either the claimant or the respondent; 
                                                     
 
14-3 For greater clarity, digital products do not include digitized representations of financial instruments.  WT/REG161/1 
 Page 111 
 
 
7. enterprise  means any entity constituted or organized under applicable law, whether or not for 
profit, and whether privately or governmentally owne d or controlled, including a corporation, trust, 
partnership, sole proprietorship, joint venture, associ ation, or similar organization; and a branch of an 
enterprise; 
8. enterprise of a Party  means an enterprise constituted or organized under the law of a Party, 
and a branch located in the territory of a Party and carrying out business activities there; 
9. freely usable currency  means "freely usable currency" as determined by the International 
Monetary Fund under its Articles of Agreement ; 
10. government enterprise  means "government enterprise" as defined in Chapter 12 
(Anticompetitive Business Conduct, Designated Monopolies, and Government Enterprises); 
11.  ICSID Additional Facility Rules  means the Rules Governing the Additional Facility for the 
Administration of Proceedings by the Secretariat of the International Centre for Settlement of 
Investment Disputes; 
12. ICSID Convention  means the Convention on the Settlement of Investment Disputes between 
States and Nationals of Other States , done at Washington, March 18, 1965; 
13. investment  means every asset owned or controlled, direc tly or indirectly, by an investor, that 
has the characteristics of an investment.15-1 Forms that an investment may take include: 
(a) an enterprise; 
(b) shares, stock, and other forms of equ ity participation in an enterprise; 
(c) bonds, debentures, other debt instruments, and loans;15-2 
(d) futures, options, and other derivatives; 
(e) turnkey, construction, management, pr oduction, concession, revenue-sharing, and 
other similar contracts; 
(f) intellectual property rights; 
(g) licenses, authorizations, permits, and simila r rights conferred pursuant to applicable 
domestic law,15-3 15-4and 
                                                      
15-1 Where an asset lacks the characteris tics of an investment, that asset is not an investment regardless 
of the form it may take. The characteristics of an invest ment include the commitment of capital, the expectation 
of gain or profit, or the assumption of risk. 
15-2 Some forms of debt, such as bonds, debentures, and long-term notes, are more likely to have the 
characteristics of an investment, while other forms of debt , such as claims to paymen t that are immediately due 
and result from the sale of goods or services, are less likely to have such characteristics. 
15-3 Whether a particular type of license, authorization, permit, or similar instrument (including a 
concession, to the extent that it has the nature of such an instrument) has the characteristics of an investment 
depends on such factors as the nature and extent of the rights that the holder has under the domestic law of the Party. Among the licenses, authorizations, permits, and similar instruments that do not have the characteristics 
of an investment are those that do not create any rights  protected under domestic law. For greater certainty, the 
foregoing is without prejudice to whether any asset associated with the license, authorization, permit, or similar instrument has the character istics of an investment. 
15-4 The term "investment" does not include an order or judgment entered in a judicial or administrative 
action. WT/REG161/1 
Page 112  
 
(h) other tangible or intangible, movable or immovable property, and related property 
rights, such as leases, mortgages, liens, and pledges. 
14. investment agreement
15-5 means a written agreement that tak es effect on or after the date of 
entry into force of this Agreement between a national authority15-6 of a Party and a covered investment 
or an investor of the other Party (i) that grants rights with respect to natural resources or other assets 
that a national authority controls, and (ii) that th e covered investment or the investor relies on in 
establishing or acquiring the covered investment; 
15. investment authorization15-7 means an authorization that the foreign investment authority of 
a Party grants to a covered investment or an investor of the other Party; 
16. investor of a non-Party  means, with respect to a Party, an investor that is seeking to make, is 
making, or has made an investment in the territory of th at Party, that is not an investor of either Party; 
17. investor of a Party  means a Party or a national or an enterprise of a Party that is seeking to 
make, is making, or has made an investment in the territory of the other Party; provided, however, that 
a natural person who is a dual national shall be deem ed to be exclusively a national of the State of 
his/her dominant and effective nationality; 
18. monopoly  means "monopoly" as defined in Chapte r 12 (Anticompetitive Business Conduct, 
Designated Monopolies, and Government Enterprises); 
19. New York Convention  means the United Nations Convention on the Recognition and 
Enforcement of Foreign Arbitral Awards , done at New York, June 10, 1958; 
20. non-disputing Party  means the Party that is not a party to an investment dispute; 
21. protected information  means confidential business inform ation or information that is 
privileged or otherwise protected from disclosure under a Party's law; 
22. regional level of government  means, for the United States, a state of the United States, the 
District of Columbia, or Puerto Rico. For Singapore,  "regional level of government' 'is not applicable, 
as Singapore has no government at the regional level; 
23. respondent  means the Party that is a part y to an investment dispute; 
24. Secretary-General  means the Secretary-General of ICSID; 
25. tribunal  means an arbitration tribunal establis hed under Article 15.18 or 15.24; and 
26. UNCITRAL Arbitration Rules  means the arbitration rules of the United Nations 
Commission on International Trade Law. 
 
 
 
                                                      
15-5 Actions taken by an agency of a Party to enforce laws of general application such as competition 
law do not come within this definition. 
15-6 For purposes of this definition, "national authority" means (1) for Singapore, a ministry or other 
government body that is constituted by an Act of Parliament; and (2) for the United States, an authority at the central level of government. 
15-7 Actions taken by an agency of a Party to enforce laws of general application such as competition 
law do not come within this definition.  WT/REG161/1 
 Page 113 
 
 
Section B - Investment  
 
Article 15.2 
 
Scope And Coverage  
 
 This Chapter applies to measures adopted  or maintained by a Party relating to: 
 
(a) investors of the other Party; 
(b) covered investments; and 
(c) with respect to Articles 15.8 and 15.10, all investments in the territory of the Party. 
Article 15.3 
 
Relation To Other Chapters  
 
1. In the event of any inconsistency between this Chapter and another Chapter, the other Chapter 
shall prevail to the extent of the inconsistency. 
2. A requirement by a Party that a service provider of the other Party post a bond or other form 
of financial security as a condition of providing a ser vice into its territory does not of itself make this 
Chapter applicable to the provision of that cross-bor der service. This Chapter applies to that Party's 
treatment of the posted bond or financial security. 
3. This Chapter does not apply to measures adopted or maintained by a Party to the extent that 
they are covered by Chapter 10 (Financial Services). 
Article 15.4 
 
National Treatment And Most-Favoured-Nation Treatment  
 
1. Each Party shall accord to investors of the othe r Party treatment no less favourable than that it 
accords, in like circumstances, to its own investor s with respect to the establishment, acquisition, 
expansion, management, conduct, operation, and sale or other di sposition of investments in its 
territory. Each Party shall accord to covered inv estments treatment no less favourable than that it 
accords, in like circumstances, to investments in its territory of its own investors with respect to the 
establishment, acquisition, expansion, management , conduct, operation, and sale or other disposition 
of investments. The treatment each Party shall acco rd under this paragraph is "national treatment." 
2. The treatment to be accorded by a Party under paragraph 1 means, with respect to a state, 
territory or possession, treatment no less favourable than the most favourable treatment accorded, in 
like circumstances, by that state, territory, or possession,  to investors, and to investments of investors, 
of the Party of which it forms a part. 
3. Each Party shall accord to investors of the othe r Party treatment no less favourable than that it 
accords, in like circumstances, to investors of any non-Party with respect to the establishment, 
acquisition, expansion, management , conduct, operation, and sale or other disposition of investments 
in its territory. Each Party shall accord to covered investments treatment no less favourable than that it 
accords, in like circumstances, to investments in its territory of investor s of any non-Party with 
respect to the establishment, acquisition, expans ion, management, conduct, operation, and sale or 
other disposition of investments. The treatment each  Party shall accord under this paragraph is "most-
favoured-nation treatment." WT/REG161/1 
Page 114  
 
4. Each Party shall accord to investors of the ot her Party and to their covered investments the 
better of national treatment or most-favoured-nation treatment. 
Article 15.5 
 
Minimum Standard Of Treatment
15-8 
 
1. Each Party shall accord to covered investme nts treatment in accordance with customary 
international law, including fair and equita ble treatment and full protection and security. 
2. For greater certainty, paragraph 1 prescribes  the customary international law minimum 
standard of treatment of aliens as the minimum st andard of treatment to be afforded to covered 
investments. The concepts of "fair and equitable treatment" and "full protection and security" do not 
require treatment in addition to or beyond that whic h is required by that standard, and do not create 
additional substantive rights. 
(a) The obligation in paragraph 1 to provide "fair and equitable treatment" includes the 
obligation not to deny justice in crimin al, civil, or administrative adjudicatory 
proceedings in accordance with the principl e of due process embodied in the principal 
legal systems of the world; and 
(b) The obligation in paragraph 1 to provide "full protection and security" requires each 
Party to provide the level of police protec tion required under customary international 
law. 
3. A determination that there has been a breach of another provision of this Agreement, or of a 
separate international agreement, does not establish that there has been a breach of this Article. 
4. Without prejudice to paragraph 1 and notwith standing Article 15.12.5(b), each Party shall 
accord to investors of the other Party, and to c overed investments, non-discriminatory treatment with 
respect to measures it adopts or maintains relating to losses suffered by investments in its territory 
owing to armed conflict or civil strife. 
 
5. Paragraph 4 does not apply to existing measures re lating to subsidies or grants that would be 
inconsistent with Article 15.4.1 a nd 15.4.2 but for Article 15.12.5(b). 
Article 15.6 
 
Expropriation15-9 
 
1. Neither Party may expropriate or nationalize a cove red investment either directly or indirectly 
through measures equivalent to expropriation or nationalization ("expropriation"), except: 
(a) for a public purpose; 
(b) in a non-discriminatory manner; 
                                                      
15-8 Article 15.5 is to be interpreted in accordance with the letter exchange on customary international 
law. 
15-9 Article 15.6 is to be interpreted in accordance with the letter exchange on customary international 
law and the letter exchange on expropriation, and is subject to the letter exchange on land expropriation.  WT/REG161/1 
 Page 115 
 
 
(c) on payment of prompt, adequate, and effective compensation in accordance with 
paragraphs 2, 3, and 4; and 
(d) in accordance with due process of law a nd Article 15.5.1, 15.5.2, and 15.5.3. 
2. Compensation shall: 
(a) be paid without delay; 
(b) be equivalent to the fair market value of  the expropriated investment immediately 
before the expropriatory action was ta ken ("the date of expropriation"); 
(c) be fully realizable and freely transferable; and 
(d) not reflect any change in value occu rring because the expropriatory action had 
become known before the date of expropriation. 
3. If the fair market value is denominated in a freely usable currency, the compensation paid 
shall be no less than the fair market value on the date  of expropriation, plus interest at a commercially 
reasonable rate for that currency, accrued from the da te of expropriation until the date of payment. 
4. If the fair market value is denominated in  a currency that is not freely usable, the 
compensation paid - converted into the currency of pa yment at the market rate of exchange prevailing 
on the date of payment - shall be no less than: 
(a) the fair market value on the date of expropriation, converted into a freely usable 
currency at the market rate of exchange prevailing on that date, plus 
(b) interest, at a commercially reasonable rate for that freely usable currency, accrued 
from the date of expropriation until the date of payment. 
5. This Article does not apply to the issuance of  compulsory licenses granted in relation to 
intellectual property rights in accordance with the Agreement on Trade-Related Aspects of 
Intellectual Property Rights ("TRIPS Agreement"), or to the revocation, limitation, or creation of 
intellectual property rights, to the extent that su ch issuance, revocation, limitation, or creation is 
consistent with Chapter 16 (Intellectual Property Rights) of this Agreement. 
Article 15.7 
 
Transfers15-10 
 1. Each Party shall permit all transfers relating to  a covered investment to be made freely and 
without delay into and out of its territory. Such transfers include: 
(a) contributions to capital; 
(b) profits, dividends, capital gains, and proceeds from the sale of all or any part of the 
covered investment or from the partial or complete liquidation of the covered 
investment; 
(c) interest, royalty payments, management fees, and technical assistance and other fees; 
                                                     
 
15-10 Article 15.7 is subject to Annex 15A. WT/REG161/1 
Page 116  
 
(d) payments made under a contract entered into by the investor, or the covered 
investment, including payments made pursuant to a loan agreement; 
(e) payments made pursuant to Artic le 15.6 and Article 15.5.4; and 
(f) payments arising under Section C. 
2. Each Party shall permit transfers relating to a covered investment to be made in a freely 
usable currency at the market rate of ex change prevailing at the time of transfer. 
3. Each Party shall permit returns in kind relati ng to a covered investment to be made as 
authorized or specified in an investment author ization or other written agreement between the Party 
and a covered investment or an investor of the other Party. 
4. Notwithstanding paragraphs 1, 2, and 3, a Part y may prevent a transfer through the equitable, 
non-discriminatory, and good faith application of its law relating to: 
 
(a) bankruptcy, insolvency, or the protection of the rights of creditors; 
(b) issuing, trading, or dealing in securiti es, futures, options, or derivatives; 
(c) financial reporting or record keeping of  transfers when necessary to assist law 
enforcement or financial regulatory authorities; 
(d) criminal or penal offences; or 
(e) ensuring compliance with orders or judgments in judicial or administrative 
proceedings. 
Article 15.8 
 
Performance Requirements
15-11 
 1. Neither Party may impose or enforce any of the following requirements, or enforce any 
commitment or undertaking, in connection wi th the establishment, acquisition, expansion, 
management, conduct, operation, or sale or other dispos ition of an investment of an investor of a Party 
or of a non-Party in its territory: 
(a) to export a given level or percentage of goods or services; 
(b) to achieve a given level or pe rcentage of domestic content; 
(c) to purchase, use, or accord a preference to  goods produced in its territory, or to 
purchase goods from persons in its territory; 
(d) to relate in any way the volume or value of  imports to the volume or value of exports 
or to the amount of foreign exchange in flows associated with such investment; 
(e) to restrict sales of goods or services in its territory that such investment produces or 
supplies by relating such sales in any way to the volume or value of its exports or foreign exchange earnings; 
                                                     
 
15-11 Article 15.8 is subject to Annex 15B and Annex 15C.  WT/REG161/1 
 Page 117 
 
 
(f) to transfer a particular technology, production process, or other proprietary 
knowledge to a person in its territory; or 
(g) to supply exclusively from the territory of  the Party the goods that it produces or the 
services that it supplies to a specific re gional market or to the world market. 
2. Neither Party may condition the receipt or contin ued receipt of an advantage, in connection 
with the establishment, acquisition, expansion, ma nagement, conduct, operation, or sale or other 
disposition of an investment in its territory of an investor of a Party or of a non-Party, on compliance 
with any of the following requirements: 
(a) to achieve a given level or pe rcentage of domestic content; 
(b) to purchase, use, or accord a preference to  goods produced in its territory, or to 
purchase goods from persons in its territory; 
(c) to relate in any way the volume or value of  imports to the volume or value of exports 
or to the amount of foreign exchange infl ows associated with such investment; or 
(d) to restrict sales of goods or services in its territory that such investment produces or 
supplies by relating such sales in any way to the volume or value of its exports or 
foreign exchange earnings. 
3. (a) Nothing in paragraph 2 shall be constr ued to prevent a Party from conditioning the 
receipt or continued receipt of an advantage, in connection with an investment in its territory of an investor of a Party or of a non-Party, on compliance with a requirement to locate production, supply a service, train or employ workers, construct or expand particular facilities, or carry out research and development, in its territory. 
(b) Paragraph 1(f) does not apply: 
(i) when a Party authorizes use of an in tellectual property right in accordance 
with Article 16.7.6 (Patents), and to  measures requiring the disclosure of 
proprietary information that fall within the scope of, and are consistent with, 
Article 39 of the TRIPS Agreement; or 
(ii) when the requirement is imposed or the commitment or undertaking is 
enforced by a court, administrative tribunal, or competition authority to remedy a practice determined after judicial or administrative process to be anticompetitive under the Party's competition laws. 
(c) Paragraphs 1(b), (c), and (f), and 2(a) and (b), shall not be c onstrued to prevent a 
Party from adopting or maintaining measures, including environmental measures: 
(i) necessary to secure compliance with laws and regulations that are not 
inconsistent with this Agreement; 
(ii) necessary to protect human, animal, or plant life or health; or 
(iii) related to the conservation of living  or non-living exhaustible natural 
resources; WT/REG161/1 
Page 118  
 
provided that such measures are not applied in an arbitrary or unjustifiable manner, and provided that such measures do not constitute a disguised restriction on investment or international trade. 
 
(d) Paragraphs 1(a), (b), and (c), and 2(a)  and (b), do not apply to qualification 
requirements for goods or services with respect to export promotion and foreign aid 
programs. 
(e) Paragraphs 1(b), (c), (f), and (g), and 2( a) and (b), do not apply to government 
procurement. 
(f) Paragraphs 2(a) and (b) do not apply to requirements imposed by an importing Party 
relating to the content of goods necessary to qualify for preferential tariffs or 
preferential quotas. 
4. For greater certainty, paragraphs 1 and 2 do not apply to any requirement other than the 
requirements set out in those paragraphs. 
Article 15.9 
 
Senior Management And Boards Of Directors
 
 1. Neither Party may require that an enterprise of th at Party that is a covered investment appoint 
to senior management positions individuals of any particular nationality. 
2. A Party may require that a majority of the board of directors, or any committee thereof, of an 
enterprise of that Party that is a covered investment, be of a particular nationality, or resident in the 
territory of the Party, provided that the require ment does not materially impair the ability of the 
investor of the other Party to exercise control over its investment. 
Article 15.10 
 
Investment And Environment
 
  Nothing in this Chapter shall be construed to  prevent a Party from adopting, maintaining, or 
enforcing any measure otherwise consistent with this  Chapter that it considers appropriate to ensure 
that investment activity in its territory is undertak en in a manner sensitive to environmental concerns. 
 
Article 15.11 
 
Denial Of Benefits
 
  A Party may deny the benefits of this Chapter to an investor of the other Party that is an 
enterprise of such other Party and to  investments of that investor if: 
 
(a) investors of a non-Party own or control the enterprise and the denying Party: 
(i) does not maintain diplomatic relations with the non-Party; or 
(ii) adopts or maintains measures with respect to the non-Party or an investor of 
the non-Party that prohibit transactions with the enterprise or that would be 
violated or circumvented if the benefits  of this Chapter were accorded to the 
enterprise or to its investments; or  WT/REG161/1 
 Page 119 
 
 
(b) the enterprise has no substantial business activ ities in the territory of the other Party, 
and investors of a non-Party, or of the denying Party, own or control the enterprise. 
Article 15.12 
 
Non-Conforming Measures  
 
1. Articles 15.4, 15.8, and 15.9 do not apply to: 
(a) any existing non-conforming measure that  is maintained by a Party at: 
(i) the central level of government, as set out by that Party in its Schedule to 
Annex 8A, 
(ii) a regional level of government, as set out  by that Party in its Schedule to 
Annex 8A, or 
(iii) a local level of government; 
(b) the continuation or prompt renewal of an y non-conforming measure referred to in 
subparagraph (a); or 
(c) an amendment to any non-conforming measure referred to in subparagraph (a) to the 
extent that the amendment does not decr ease the conformity of the measure, as it 
existed immediately before the amendmen t, with Articles 15.4, 15.8, and 15.9. 
2. Articles 15.4, 15.8, and 15.9 do not apply to an y measure that a Party adopts or maintains 
with respect to sectors, sub-sectors, or activities, as set out in its Schedule to Annex 8B. 
3. Neither Party may, under any measure adopted after the date of entry into force of this 
Agreement and covered by its Schedul e to Annex 8B, require an investor of the other Party, by reason 
of its nationality, to sell or otherwise dispose of  an investment existing at the time the measure 
becomes effective. 
4. Article 15.4 does not apply to any measure that  is an exception to, or derogation from, the 
obligations under Article 16.1.3 (General Provisions ) as specifically provided for in that Article. 
5. Articles 15.4 and 15.9 do not apply to: 
(a) government procurement; or 
(b) subsidies or grants provided by a Party, including government-supported loans, 
guarantees, and insurance. 
Article 15.13 
 
Special Formalities And Information Requirements  
 1. Nothing in Article 15.4.1 and 15.4.2 shall be construed to prevent a Party from adopting or 
maintaining a measure that prescribes special form alities in connection with covered investments, 
such as a requirement that investors be residents of  the Party or that covered investments be legally 
constituted under the laws or regulations of the Part y, provided that such formalities do not materially 
impair the protections afforded by a Party to i nvestors of the other Party and covered investments 
pursuant to this Chapter. WT/REG161/1 
Page 120  
 
2. Notwithstanding Article 15.4, a Party may require an  investor of the other Party, or a covered 
investment, to provide information concerning that i nvestment solely for informational or statistical 
purposes. The Party shall protect such business info rmation that is confidential from any disclosure 
that would prejudice the competitive position of the investor or the covered investment. Nothing in this paragraph shall be constr ued to prevent a Party from otherwise obtaining or disclosing 
information in connection with the equitabl e and good faith application of its law. 
 
Section C - Investor-State Dispute Settlement
 
 
Article 15.14 
 
Consultation And Negotiation  
  In the event of an investment dispute, the cl aimant and the respondent should initially seek to 
resolve the dispute through consultation and nego tiation, which may include the use of nonbinding, 
third-party procedures. 
Article 15.15 
 
Submission Of A Claim To Arbitration
15-12 
 1. In the event that a disputing party considers th at an investment dispute cannot be settled by 
consultation and negotiation: 
(a) the claimant, on its own behalf, may submit to  arbitration under this Section a claim: 
(i) that the respondent has breached 
   (A) an obligation under Section B, 
 
   (B) an investment authorization, or 
    (C) an investment agreement; and  
(ii) that the claimant has incurred loss or damage by reason of, or arising out of, 
that breach; and 
(b) the claimant, on behalf of an enterprise of th e respondent that is a juridical person that 
the claimant owns or controls directly or  indirectly, may submit to arbitration under 
this Section a claim: 
(i) that the respondent has breached 
   (A) an obligation under Section B, 
 
   (B) an investment authorization, or     (C) an investment agreement; and  
(ii) that the enterprise has incurred loss or damage by reason of, or arising out of, 
that breach. 
                                                     
 
15-12 Article 15.15 is subject to the letter exchange on land expropriation.  WT/REG161/1 
 Page 121 
 
 
2. For greater certainty, a claimant may submit to ar bitration under this Section a claim that the 
respondent has breached an obligation under Sec tion B through the actions of a designated monopoly 
or a government enterprise exercising delegated governmental authority as described in Article 
12.3.1(c)(i) and 12.3.2(b) (Designated Monopoli es and Government Enterprises), respectively. 
3. Without prejudice to Article 10.1.2 (Scope a nd Coverage), no claim may be submitted under 
this Section that alleges a violation of any provisi on of this Agreement other than an obligation under 
Section B or the letter exchange on land expropriation. 
4. At least 90 days before submitting any claim to ar bitration under this Section, a claimant shall 
deliver to the respondent a written notice of its inten tion to submit the claim to arbitration ("notice of 
intent"). The notice shall specify: 
(a) the name and address of the claimant and, where a claim is submitted on behalf of an 
enterprise, the name, address, and place of incorporation of the enterprise; 
(b) for each claim, the provision of this Agreement, investment authorization, or 
investment agreement alleged to have been breached and any other relevant 
provisions; 
(c) the legal and factual basis for each claim; and 
(d) the relief sought and the approximate amount of damages claimed. 
5. Provided that six months have elapsed since the events giving rise to the claim, a claimant 
may submit a claim referred to in paragraph 1: 
(a) under the ICSID Convention and the ICSID Rules of Procedure for Arbitration 
Proceedings, provided that both the responde nt and the Party of the claimant are 
parties to the ICSID Convention; 
(b) under the ICSID Additional Facility Rules, pr ovided that either the respondent or the 
Party of the claimant, but not both, is a parry to the ICSID Convention; 
(c) under the UNCITRAL Arbitration Rules; or 
(d) if the claimant and respondent agree, to an y other arbitration institution or under any 
other arbitration rules. 
6. A claim shall be deemed subm itted to arbitration under this Section when the claimant's 
notice of or request for arbitration ("notice of arbitration"): 
(a) referred to in paragraph 1 of  Article 36 of the ICSID Convention is received by the 
Secretary-General; 
(b) referred to in Article 2 of Schedule C of  the ICSID Additional Facility Rules is 
received by the Secretary-General; 
(c) referred to in Article 3 of the UNCITRAL Arbitration Rules, together with the 
statement of claim referred to in Article 18 of the UNCITRAL Arbitration Rules, are received by the respondent; or 
(d) referred to under any other arbitral ins titution or arbitral rules selected under 
paragraph 5(d) is received by the respondent. WT/REG161/1 
Page 122  
 
7. The arbitration rules applicable under paragraph 5, and in effect on the date the claim or 
claims were submitted to arbitration under this S ection, shall govern the arbitration except to the 
extent modified by this Agreement. 
8. The claimant shall provide with the notice of  arbitration referred to in paragraph 6: 
(a) the name of the arbitrator that the claimant appoints; or 
(b) the claimant's written consen t for the Secretary-General to appoint the claimant's 
arbitrator. 
Article 15.16 
 
Consent Of Each Party To Arbitration
 
 
1. Each Party consents to the submission of a claim to arbitration under this Section in 
accordance with this Agreement. 
2. The consent under paragraph 1 and the submission of  a claim to arbitration under this Section 
shall satisfy the requirements of: 
(a) Chapter II of the ICSID Convention (Juris diction of the Centre) and the ICSID 
Additional Facility Rules for written consent of the parties to the dispute; and 
(b) Article II of the New York Convention for an "agreement in writing." 
Article 15.17 
 
Conditions And Limitations On Consent Of Each Party  
 
1. No claim may be submitted to arbitration under this Section if more than three years have 
elapsed from the date on which the claimant first acquired, or should have first acquired, knowledge 
of the breach alleged under Article 15.15.1 and know ledge that the claimant (for claims brought under 
Article 15.15.1(a)) or the enterprise (for claims br ought under Article 15.15.1(b)) has incurred loss or 
damage. 
2. No claim may be submitted to arb itration under this Section unless: 
(a) the claimant consents in writing to arbitr ation in accordance with the procedures set 
out in this Agreement; and 
(b) the notice of arbitration referred to in Article 15.15.6 is accompanied, 
(i) for claims submitted to arbitration under Article 15.15.1(a), by the claimant's 
written waiver; and 
(ii) for claims submitted to arbitration under Article 15.15.1(b), by the claimant's 
and the enterprise's written waivers 
of any right to initiate or continue befo re any administrative tribunal or court under 
the law of either Party, or other disput e settlement procedures, any proceeding with 
respect to any measure alleged to constit ute a breach referred to in Article 15.15. 
  WT/REG161/1 
 Page 123 
 
 
3. Notwithstanding paragraph 2(b), the claimant (for claims brought under Article 15.15.1(a)) 
and the claimant or the enterp rise (for claims brought under Ar ticle 15.15.1(b)) may initiate or 
continue an action that seeks interim injunctive re lief and does not involve the payment of monetary 
damages before a judicial or administrative tribunal of the respondent, provided that the action is brought for the sole purpose of preserving the claimant 's or the enterprise's rights and interests during 
the pendency of the arbitration. 
Article 15.18 
 
Selection Of Arbitrators
 
 
1. Unless the disputing parties otherwise agree, th e tribunal shall comprise three arbitrators, one 
arbitrator appointed by each of the disputing pa rties and the third, who shall be the presiding 
arbitrator, appointed by agreement of the disputing parties. 
2. The Secretary-General shall serve as appointin g authority for an arbitration under this 
Section. 
3. If a tribunal has not been constituted within 75 da ys from the date that a claim is submitted to 
arbitration under this Section, the Secretary-General,  on the request of a disputing party, shall appoint, 
in his or her discretion, the arbitrator or arbitrators not yet appointed. 
4. For purposes of Article 39 of the ICSID Conventio n and Article 7 of Schedule C to the ICSID 
Additional Facility Rules, and without prejudice to an objection to an arbitrator on a ground other than 
nationality: 
(a) the respondent agrees to the appointment of  each individual member of a tribunal 
established under the ICSID Convention or the ICSID Additional Facility Rules; 
(b) a claimant referred to in Article 15.15.1 (a) may submit a claim to arbitration under 
this Section, or continue a claim, under the ICSID Convention or the ICSID 
Additional Facility Rules, only on condition that the claimant agrees in writing to the 
appointment of each individual member of the tribunal; and 
(c) a claimant referred to in Article 15.15.1 (b) may submit a claim to arbitration under 
this Section, or continue a claim, under the ICSID Convention or the ICSID 
Additional Facility Rules, only on condition that the claimant and the enterprise agree in writing to the appointment of each individual member of the tribunal. 
Article 15.19 
 
Conduct Of The Arbitration
 
 1. The disputing parties may agree on the legal place of any arbitration under the arbitral rules 
applicable under Article 15.15.5(b), (c), or (d). If the disputing parties fail to reach agreement, the 
tribunal shall determine the place in accordance with the applicable ar bitral rules, provided that the 
place shall be in the territory of either Party or of a third State that is a party to the New York 
Convention. 
2. The non-disputing Party may make oral and writte n submissions to the tribunal regarding the 
interpretation of this Agreement. WT/REG161/1 
Page 124  
 
3. The tribunal shall have the authority to accept and consider amicus curiae  submissions from 
any persons and entities in the territories of the Parties and from interested persons and entities 
outside the territories of the Parties. 
4. Without prejudice to a tribunal's authority to address other objections as a preliminary 
question, a tribunal shall address and decide as a pr eliminary question any objection by the respondent 
that, as a matter of law, a claim submitted is not a claim for which an award in favour of the claimant 
may be made under Article 15.25. 
(a) Such objection shall be submitted to the tr ibunal as soon as possible after the tribunal 
is constituted, and in no event later than th e date the tribunal fixes for the respondent 
to submit its counter-memorial (or, in th e case of an amendment to the notice of 
arbitration referred to in Article 15.15.6, th e date the tribunal fixes for the respondent 
to submit its response to the amendment). 
(b) On receipt of an objection under this pa ragraph, the tribunal shall suspend any 
proceedings on the merits, establish a schedule for considering the objection consistent with any schedule it has establis hed for considering any other preliminary 
question, and issue a decision or award on the objection, stating the grounds therefor. 
(c) In deciding an objection under this paragraph,  the tribunal shall assume to be true the 
claimant's factual allegations in support of any claim in the notice of arbitration (or 
any amendment thereof) and, in disput es brought under the UNCITRAL Arbitration 
Rules, the statement of claim referred to in Article 18 of the UNCITRAL Arbitration Rules. The tribunal may also consider any-relevant facts not in dispute. 
(d) The respondent does not waive any objection as to competence or any argument on 
the merits merely because the respondent did or did not raise an objection under this 
paragraph or make use of th e expedited procedure set out in the following paragraph. 
5. In the event that the respondent so requests with in 45 days after the tribunal is constituted, the 
tribunal shall decide on an expedited basis an obj ection under paragraph 4 or any objection that the 
dispute is not within the tribunal's competence. The tribunal shall suspend any proceedings on the 
merits and issue a decision or award on the objection( s), stating the grounds therefor, no later than 150 
days after the date of the request. However, if a disputing party requests a hearing, the tribunal may 
take an additional 30 days to issue the decisi on or award. Regardless of whether a hearing is 
requested, a tribunal may, on a showing of extraordinary cause, delay issuing its decision or award by an additional brief period of time, which may not exceed 30 days. 
6. When it decides a respondent's objection under paragraphs 4 or 5, the tribunal may, if 
warranted, award to the prevailing disputing party reasonable costs and attorneys' fees incurred in 
submitting or opposing the objection. In determining whether such an award is warranted, the tribunal 
shall consider whether either th e claimant's claim or  the respondent's objection was frivolous, and 
shall provide the disputing parties a reasonable opportunity to comment. 
7. A respondent may not assert as a defence, counterclaim, right of set-off, or for any other 
reason that the claimant has received or will receive  indemnification or other compensation for all or 
part of the alleged damages pursuant to  an insurance or guarantee contract. 
8. A tribunal may order an interim measure of protection to preserve the rights of a disputing 
party, or to ensure that the tribunal's jurisdiction is  made fully effective, including an order to preserve 
evidence in the possession or control of a disputing pa rty or to protect the tribunal's jurisdiction. A 
tribunal may not order attachment or enjoin the app lication of a measure alleged to constitute a breach 
referred to in Article 15.15. Fo r purposes of this paragraph, an  order includes a recommendation.  WT/REG161/1 
 Page 125 
 
 
9. (a) In any arbitration conducted under this Sec tion, at the request of a disputing party, a 
tribunal shall, before issuing an award on liability, transmit its proposed award to the 
disputing parties and to the non-disputing Party. Within 60 days after the tribunal transmits its proposed award, the disputing parties may submit written comments to the tribunal concerning any aspect of its proposed award. The tribunal shall consider 
any such comments and issue its award not la ter than 45 days after the expiration of 
the 60-day comment period. 
(b) Subparagraph (a) shall not apply in any arb itration conducted pursuant to this Section 
for which an appeal has been made available pursuant to paragraph 10. 
10. If a separate multilateral agreement enters into fo rce as between the Parties that establishes an 
appellate body for purposes of reviewing awards  rendered by tribunals constituted pursuant to 
international trade or investment arrangements to he ar investment disputes, the Parties shall strive to 
reach an agreement that would have such appella te body review awards rendered under Article 15.25 
of this Section in arbitrations commenced  after the appellate body's establishment. 
Article 15.20 
 
Transparency Of Arbitral Proceedings
 
 1. Subject to paragraphs 2 and 4, the respondent shall, after receiving the following documents, 
promptly transmit them to the non-disputing Pa rty and make them available to the public: 
(a) the notice of intent referred to in Article 15.15.4; 
(b) the notice of arbitration referred to in Article 15.15.6; 
(c) pleadings, memorials, and briefs submitted to the tribunal by a disputing party and 
any written submissions submitted pursuant to Article 15.19.2 and 15.19.3 and 
Article 15.24; 
(d) minutes or transcripts of hearings of the tribunal, where available; and 
(e) orders, awards, and decisions of the tribunal. 
2. The tribunal shall conduct hearings open to the public and shall determine, in consultation 
with the disputing parties, the appropriate logisti cal arrangements. However, any disputing party that 
intends to use information designated as protected  information in a hearing shall so advise the 
tribunal. The tribunal shall make appropriate arrangements to protect  the information from disclosure. 
3. Nothing in this Section requires a respondent to disclose protected information or to furnish 
or allow access to information that it may with hold in accordance with Article 21.2 (Essential 
Security) or Article 21.4 (Disclosure of Information). 
4. Protected information shall, if such informati on is submitted to the tribunal, be protected from 
disclosure in accordance with the following procedures: 
(a) Subject to paragraph 4(d), neither the dispu ting parties nor the tribunal shall disclose 
to the non-disputing Party or to the public any protected information where the 
disputing party that provide d the information clearly d esignates it in accordance with 
paragraph 4(b). WT/REG161/1 
Page 126  
 
(b) Any disputing party claiming that certain information constitutes protected 
information shall clearly designate the information at the time it is submitted to the tribunal. 
(c) A disputing party shall, at the same time that it submits a document containing 
information claimed to be protected inform ation, submit a redacted version of the 
document that does not contain the information. Only the redacted version shall be 
provided to the non-disputing Party and made  public in accordance with paragraph 1. 
(d) The tribunal shall decide any objection re garding the designation of information 
claimed to be protected information. If the tribunal determines that such information 
was not properly designated, the disputi ng party that submitted the information may 
(i) withdraw all or part of its submission containing such information, or (ii) agree to 
resubmit complete and redacted documents with corrected designations in accordance 
with the tribunal's determination and paragraph 4(c). In either case, the other disputing party shall, whenever necessary, resubmit complete and redacted documents which either remove the inform ation withdrawn under (i) by the disputing 
party that first submitted the information or  redesignate the information consistent 
with the designation under (ii) of the disputing party that first submitted the information. 
5. Nothing in this Section authorizes a responde nt to withhold from the public information 
required to be disclosed by its laws. 
Article 15.21 
 
Governing Law
 
 1. Subject to paragraph 2, a tribunal shall decide the issues in dispute related to an alleged 
breach of an obligation in Section B in accordance  with this Agreement and applicable rules of 
international law. 
2. A decision of the Joint Committee declaring its interpretation of a provision of this 
Agreement under Article 20.1.2 (Joint Committee) shall be binding on a tribunal established under 
this Section, and any award must be  consistent with that decision. 
Article 15.22 
 
Interpretation Of Annexes
 
 1. Where a respondent asserts as a defence that the me asure alleged to be a breach is within the 
scope of a reservation or exception set out in Annex 8A  or Annex 8B, the tribunal shall, on request of 
the respondent, request the interpretation of the Joint Committee on the issue. The Joint Committee 
shall issue in writing any decision declaring its in terpretation under Article 20.1.2 (Joint Committee) 
to the tribunal within 60 days of delivery of the request. 
2. A decision issued by the Joint Committee under paragraph 1 shall be binding on the tribunal, 
and any award must be consistent with that deci sion. If the Joint Committee fails to issue such a 
decision within 60 days, the tribunal shall decide the issue.  
 
  WT/REG161/1 
 Page 127 
 
 
Article 15.23 
 
Expert Reports  
  Without prejudice to the appointment of other kinds of experts where authorized by the 
applicable arbitration rules, a tribunal, at the request of a disputing party or, unless the disputing 
parties disapprove, on its own initiative, may appoint one  or more experts to report to it in writing on 
any factual issue concerning envir onmental, health, safety, or other scientific matters raised by a 
disputing party in a proceeding, subject to such  terms and conditions as the disputing parties may 
agree. 
 
Article 15.24 
 
Consolidation
 
 
1. Where two or more claims have been submitted separately to arbitra tion under Article 15.15.1 
and the claims have a question of law or fact in common and arise out of the same events or circumstances, any disputing party may seek a cons olidation order in accord ance with the agreement 
of all the disputing parties sought to be covered by the order or the terms of paragraphs 2 through 10. 
2. A disputing party that seeks a consolidation order under this Article shall deliver, in writing, a 
request to the Secretary-General and to all the dis puting parties sought to be covered by the order and 
shall specify in the request: 
(a) the names and addresses of all the disputing pa rties sought to be covered by the order; 
(b) the nature of the order sought; and 
(c) the grounds on which the order is sought. 
3. Unless the Secretary-General finds within 30 da ys after receiving a request under paragraph 2 
that the request is manifestly unfounded, a tribunal shall be established under this Article. 
4. Unless all the disputing parties sought to be c overed by the order otherwise agree, a tribunal 
established under this Article sha ll comprise three arbitrators: 
(a) one arbitrator appointed by agreement of the claimants; 
(b) one arbitrator appointed by the respondent; and 
(c) the presiding arbitrator appointed by the S ecretary-General, provided, however, that 
the presiding arbitrator shall not be a national of either Party. 
5. If, within 60 days after the Secretary-Genera l receives a request made under paragraph 2, the 
respondent fails or the claimants fail to appoint an  arbitrator in accordance with paragraph 4, the 
Secretary-General, on the request of any disputing party sought to be covered by the order, shall 
appoint the arbitrator or arbitrators not yet appointe d. If the respondent fails to appoint an arbitrator, 
the Secretary-General shall appoint a national of the disputing Party, and if the claimants fail to 
appoint an arbitrator, the Secretary-General sha ll appoint a national of the non-disputing Party. 
6. Where a tribunal established under this Article is sat isfied that two or more claims that have 
been submitted to arbitration under Article 15.15.1  have a question of law or fact in common, and 
arise out of the same events or circumstances, the tr ibunal may, in the interest of fair and efficient 
resolution of the claims, and after hearing the disputing parties, by order: WT/REG161/1 
Page 128  
 
(a) assume jurisdiction over, and hear and determine together, all or part of the claims; 
(b) assume jurisdiction over, and hear and determine one or more of the claims, the 
determination of which it believes would assist in the resolution of the others; or 
(c) instruct a tribunal previously established un der Article 15.18 to assume jurisdiction 
over, and hear and determine together, a ll or part of the claims, provided that: 
(i) that tribunal, at the request of any cl aimant not previously a disputing party 
before that tribunal, shall be reconstitu ted with its original members, except 
that the arbitrator for the claimants sh all be appointed pursuant to paragraphs 
4(a) and 5; and 
(ii) that tribunal shall decide whether any prior hearing shall be repeated. 
7. Where a tribunal has been established under this Article, a claimant th at has submitted a claim 
to arbitration under Article 15.15.1 and that has not  been named in a request made under paragraph 2 
may make a written request to the tribunal that it be included in any order made under paragraph 6, 
and shall specify in the request: 
(a) the name and address of the claimant; 
(b) the nature of the order sought; and 
(c) the grounds on which the order is sought. 
The claimant shall deliver a copy of its  request to the Secretary-General. 
 8. A tribunal established under this Article shall conduct its proceedings in accordance with the 
UNCITRAL Arbitration Rules, except as modified by this Section. 
9. A tribunal established under Article 15.18 shall not have jurisdiction to decide a claim, or a 
part of a claim, over which a tribunal establishe d or instructed under this Article has assumed 
jurisdiction. 
10. On application of a disputing party, a tri bunal established under this Article, pending its 
decision under paragraph 6, may order that the pr oceedings of a tribunal established under Article 
15.18 be stayed, unless the latter tribunal has already adjourned its proceedings. 
Article 15.25 
 
Awards
 
 1. Where a tribunal makes a final award against a respondent, the tribunal may award, separately 
or in combination, only: 
(a) monetary damages and any applicable interest; and 
(b) restitution of property, in which case the aw ard shall provide that the respondent may 
pay monetary damages and any applicab le interest in lieu of restitution. 
A tribunal may also award costs and attorneys' fees in accordance with this S ection and the applicable 
arbitration rules. 
  WT/REG161/1 
 Page 129 
 
 
2. Subject to paragraph 1, where a claim is s ubmitted to arbitration under Article 15.15.1(b): 
(a) an award of restitution of property shall provide that restitution be made to the 
enterprise; 
(b) an award of monetary damages and any applicable interest shall provide that the sum 
be paid to the enterprise; and 
(c) the award shall provide that it is made without prejudice to any right that any person 
may have in the relief under applicable domestic law. 
3. A tribunal may not award punitive damages. 
4. An award made by a tribunal shall have no binding force except between the disputing parties 
and in respect of the particular case. 
5. Subject to paragraph 6 and the applicable review  procedure for an interim award, a disputing 
party shall abide by and comply with an award without delay. 
6. A disputing party may not seek enforcement of a final award until: 
(a) in the case of a final award made under the ICSID Convention, 
(i) 120 days have elapsed from the date th e award was rendered and no disputing 
party has requested revision or annulment of the award; or 
(ii) revision or annulment proceedings have been completed; and 
(b) in the case of a final award under the ICSID Additional Facility Rules, the 
UNCITRAL Arbitration Rules, or the rules selected pursuant to Article 15.15.5(d), 
(i) 90 days have elapsed from the date th e award was rendered and no disputing 
party has commenced a proceeding to revise, set aside, or annul the award, or 
(ii) a court has dismissed or allowed an application to revise, set aside, or annul 
the award and there is no further appeal. 
7. Each Party shall provide for the enfor cement of an award in its territory. 
8. If the respondent fails to abide by or comply with a final award, on delivery of a written 
notification by the non-disputing Party, a pane l shall be established under Article 20.4.4(a) 
(Additional Dispute Settlement Procedures). The re questing Party may seek in such proceedings: 
(a) a determination that the failure to abide by or comply with the final award is 
inconsistent with the obliga tions of this Agreement; and 
(b) in accordance with the procedures set forth in Article 20.4.5(b)  (Additional Dispute 
Settlement Procedures), a recommendation that the respondent abide by or comply with the final award. 
9. A disputing party may seek enforcement of an arbitration award under the ICSID Convention 
or the New York Convention regardless of whether proceedings have been taken under paragraph 8. WT/REG161/1 
Page 130  
 
10. A claim that is submitted to arbitration under this Section shall be considered to arise out of a 
commercial relationship or transaction for purposes of Article I of the New York Convention. 
Article 15.26 
 
Status Of Letter Exchanges
 
 
 The following letters exchanged this day on:   
(a) Customary International Law;  
(b) Expropriation; 
(c) Land Expropriation; and 
(d) Appellate Mechanism 
shall form an integral part of the Agreement.  
 
Article 15.27 
 
Service Of Documents
 
  Delivery of notices and other documents on a Part y shall be made to the place named for that 
Party in Annex 15D.  
 
ANNEX 15A 
 
Transfers
 
 
1. Where a claimant submits a claim alleging th at Singapore has breached an obligation under 
Section B, other than Article 15.4, that arises fro m its imposition of restrictive measures with regard 
to outward payments and transfers, Secti on C shall apply except as modified below: 
(a) A claimant may submit the claim under Article 15.15 only after one year has elapsed 
since the measure was adopted. 
(b) If the claim is submitted under Article 15.15.1 (b), the claimant may, on behalf of the 
enterprise, only seek damages with respect to the shares of the enterprise for which 
the claimant has a beneficial interest. 
(c) Paragraph 1(a) shall not apply to claims that arise from restrictions on: 
(i) payments or transfers on current transac tions, including the transfer of profits 
and dividends of foreign direct investment by investors of the United States; 
(ii) transfers of proceeds of foreign direct investment by investors of the United 
States, excluding investments designed w ith the purpose of gaining direct or 
indirect access to the financial market; or  WT/REG161/1 
 Page 131 
 
 
(iii) payments pursuant to a loan or bond15-13  regardless of where it is issued, 
including inter- and intra-company debt financing between affiliated enterprises, when such payments ar e made exclusively for the conduct, 
operation, management, or expansion of  such affiliated enterprises, provided 
that these payments are made in accordan ce with the maturity date agreed on 
in the loan or bond agreement. 
(d) Excluding restrictive measures referred to in  paragraph 1(c), Singapore shall incur no 
liability, and shall not be subject to claims , for damages arising from its imposition of 
restrictive measures with regard to outward payments and transfers that were incurred 
within one year from the date on which rest rictions were imposed, provided that such 
restrictive measures do not substantially impede transfers. 
(e) Claims arising from Singapore's imposition of restrictive measures with regard to 
outward payments and transfers shall not be  subject to Article 15.24 unless Singapore 
consents. 
2. The United States may not request the establishm ent of an arbitral panel under Chapter 20 
(Administration and Dispute Settlement) relating to  Singapore's imposition of restrictive measures 
with regard to outward payments and transfers until one year has elapsed since the measure was 
adopted. In determining whether compensation is owed  or benefits should be suspended, or the level 
of such compensation or suspension, pursuant to  Article 20.6 (Non-Implementation), the aggrieved 
Party and the panel shall consider whether the restri ctive measures were implemented at the request of 
the International Monetary Fund (IMF). 
 
ANNEX 15B 
 
Performance Requirements
 
 
 Article15.8.1 does not preclude enforcement of any commitment, undertaking, or requirement 
between private parties, where a Party did not im pose or require the commitment, undertaking, or 
requirement. For purposes of this Annex, privat e parties may include designated monopolies or 
government enterprises, where such entities are not exercising delegated governmental authority as 
described in Articles 12.3.1(c)(i) and 12.3 .2(b) (Designated Monopolies and Government 
Enterprises), respectively. 
 
 
ANNEX 15C 
 
Performance Requirements  
 
Singapore 
 
 With respect to Singapore, Article 15.8.1 (f) do es not apply with respect to the sale or other 
disposition of an investment of an investor of a non-Party in its territory.  
 
  
                                                     
 
15-13 For greater certainty, payments pursuant to  a loan or bond shall exclude capital account 
transactions relating to inter-bank loans, including loan s to or from Singapore licensed banks, merchant banks, 
or finance companies. WT/REG161/1 
Page 132  
 
ANNEX 15D 
 
Service Of Documents On A Party Under Section C
 
 
Singapore 
 
 Notices and other documents in disputes under Section C shall be served on Singapore by 
delivery to:   Director (Trade)   Ministry of Trade and Industry 
  100 High Street, #09-01 
  The Treasury   Singapore 179434  
United States 
 
 Notices and other documents in disputes under S ection C shall be served on the United States 
by delivery to:   Executive Director (L/EX)   Office of the Legal Adviser   Department of State 
  Washington, DC 20520 
  United States of America 
 
 
CHAPTER 16: INTELLECTUAL PROPERTY RIGHTS 
 
Article 16.1 
 
General Provisions
 
 1. Each Party shall, at a minimum, give effect to this Chapter. 
2. (a) Each Party shall ratify or accede to the following agreements: 
(i) the Convention Relating to the Distri bution of Programme-Carrying Signals 
Transmitted by Satellite (1974); 
(ii) the International Convention for the Pr otection of New Varieties of Plants 
(1991) (UPOV Convention); 
(iii) the WIPO Copyright Treaty (1996); 
(iv) the WIPO Performances and Phonograms Treaty (1996); and 
(v) the Patent Cooperation Treaty (1984). 
(b) Each Party shall give effect to: 
(i) Articles 1 through 6 of the Joint Recommendation Concerning Provisions on 
the Protection of Well-Known Marks (1999), adopted by the Assembly of the 
Paris Union for the Protection of Industrial Property and the General 
Assembly of the World Intellectual Property Organization (WIPO); and  WT/REG161/1 
 Page 133 
 
 
(ii) the Trademark Law Treaty.16-1 
(c) Each Party shall make best efforts to ratify or accede to: 
(i) the Hague Agreement Concerning the International Registration of Industrial 
Designs (1999); and 
(ii) the Protocol Relating to the Madrid Agreement Concerning the International 
Registration of Marks (1989). 
3. In respect of all categories of intellectual prope rty covered in this Chapter, each Party shall 
accord to nationals16-2 of the other Party treatment no less favourable than it accords to its own 
nationals with regard to the protection16-3 and enjoyment of such intellectual property rights and any 
benefits derived from such rights.16-4 
4. Each Party may derogate from paragraph 3 in relation to its judicial and administrative 
procedures, including the designation of an address fo r service or the appointment of an agent within 
the jurisdiction of a Party, only where such deroga tions are necessary to secure compliance with laws 
and regulations that are not incons istent with this Chapter and where such practices are not applied in 
a manner that would constitute a disguised restriction on trade. 
5. Paragraphs 3 and 4 do not appl y to procedures provided in mu ltilateral agreements concluded 
under the auspices of WIPO relating to the acquisitio n or maintenance of intellectual property rights. 
6. Except as otherwise provided in this Chapter: 
(a) this Chapter gives rise to obligations in r espect of all subject matter existing at the 
date of entry into force of this Agreement that is protected on that date in the Party 
where the protection is claimed and/or that meets or comes subsequently to meet the 
criteria for protection under the terms of this Chapter; 
(b) a Party shall not be required to restore protec tion to subject matter that on the date of 
entry into force of this Agreement has fallen into the public domain in the Party where the protection is claimed. 
7. This Chapter does not give rise to obligations in  respect of acts that occurred before the date 
of entry into force of this Agreement. 
 
    
                                                     
 
16-1 Singapore is not obligated to give effect to Articles 6 and 7 of the Trademark Law Treaty. 
16-2 For purposes of Articles 16.1.3 and 16.5.1, a national of a Party shall also mean, in respect of the 
relevant right, entities located in such Party that would meet the criteria for eligibility for protection provided for 
in the agreements listed in Article 16.1.2 and the TRIPS Agreement. 
16-3 For the purposes of paragraphs 3 and 4, "protec tion" shall include matters affecting the availability, 
acquisition, scope, maintenance, and enforcement of intellect ual property rights as well as matters affecting the 
use of intellectual property rights specifically covered by this Chapter. For the purposes of paragraphs 3 and 4, 
"protection" shall also include the prohibition on circum vention of effective technological measures pursuant to 
paragraph 7 of Article 16.4 and the provision concerning rights management information pursuant to paragraph 
8 of Article 16.4. 
16-4 "Benefits derived therefrom" refers to benefits such as levies on blank tapes. WT/REG161/1 
Page 134  
 
Article 16.2 
 
Trademarks, Including Geographical Indications
 
 1. Each Party shall provide that trademarks sha ll include service marks, collective marks, and 
certification marks,
16-5 and may include geographical indications.16-6 Neither Party shall require, as a 
condition of registration, that signs be visually per ceptible, but each Party shall make best efforts to 
register scent marks. Each Party shall afford an o pportunity for the registration of a trademark to be 
opposed. 
2. Each Party shall provide that the owner of a registered trademark shall have the exclusive 
right to prevent all third parties not having the owner's consent from using in the course of trade 
identical or similar signs, including geographical i ndications, for goods or services that are related to 
those in respect of which the trademark is regist ered, where such use would result in a likelihood of 
confusion. 
3. Each Party may provide limited exceptions to the rights conferred by a trademark, such as fair 
use of descriptive terms, provided th at such exceptions take account of  the legitimate interests of the 
owner of the trademark and of third parties. 
4. Article 6 bis of the Paris Convention for the Protecti on of Industrial Property (1967) ("Paris 
Convention") shall apply, mutatis mutandis , to goods or services that are not similar to those 
identified by a well-known trademark, whether register ed or not, provided that use of that trademark 
in relation to those goods or services would indicate a connection between those goods or services and 
the owner of the trademark and provided that the inte rests of the owner of the trademark are likely to 
be damaged by such use. 
5. Neither Party shall require recordation of trad emark licenses to establish the validity of the 
license or to assert any rights in a trademark. 
6. Pursuant to Article 20 of the TRIPS Agreement,  each Party shall ensure that its provisions 
mandating the use of a term customary in common language as the common name for a product 
including, inter alia , requirements concerning the relative size, placement, or style of use of the 
trademark in relation to the common name, do not impair the use or effectiveness of a trademark used in relation to such products.
16-7 
Article 16.3 
 
Domain Names On The Internet  
 1. Each Party shall participate in the Govern mental Advisory Committee of the Internet 
Corporation for Assigned Names and Numbers (IC ANN), which serves to consider and provide 
advice on the activities of the ICANN as they relate to government c oncerns, including matters related 
to intellectual property and the domain name system , as well as to promote responsible country code 
Top Level Domain (ccTLD) administration, management, and operational practices. 
                                                     
 
16-5 Neither Party is obligated to treat certificati on marks as a separate category in domestic law, 
provided that such marks are protected. 
16-6 A geographical indication shall be capable of constituting a trademark to the extent that the 
geographical indication consists of any sign, or any combination of signs, capable of identifying a good or 
service as originating in the territory of a Party, or a region or locality in that territory, where a given quality, 
reputation or other characteristic of the good or servi ce is essentially attributable to its geographical origin. 
16-7 This provision is not intended to affect the us e of common names of pharmaceutical products in 
prescribing medicine.  WT/REG161/1 
 Page 135 
 
 
2. Each Party shall require that registrants of dom ain names in its ccTLD are subject to a dispute 
resolution procedure, modelled along the same lines  as the principles set forth in ICANN Uniform 
Domain Name Dispute Resolution Policy (ICANN UDRP), to address and resolve disputes related to the bad-faith registration of domain names in viola tion of trademarks. Each Party shall also ensure 
that its corresponding ccTLDs provide public access to a reliable and accurate WHOIS database of 
domain name registrant contact information. 
Article 16.4 
 
Obligations Common To Copyright And Related Rights
 
 
1. Each Party shall provide that authors, perfo rmers, and producers of phonograms and their 
successors in interest have the right to authorize or prohibit all reproductions, in any manner or form, 
permanent or temporary (including temporary storage in electronic form). 
2. (a) Without prejudice to Articles 11(1)(ii), 11 bis(1)(i) and (ii), 11 ter(1)(ii), 14(1)(ii), and 
14bis(1) of the Berne Convention for the Protection of Literary and Artistic Works 
(1971) ("Berne Convention"), each Party shall provide to authors, performers, 
producers of phonograms and their successors in interest the exclusive right to authorize or prohibit the communication to th e public of their works, performances, or 
phonograms, by wire or wireless means, in cluding the making available to the public 
of their works, performances, and phonograms in such a way that members of the public may access them from a place and at a time individually chosen by them. 
Notwithstanding paragraph 10, a Party may pr ovide limitations or exceptions to this 
right in the case of performers and producer s of phonograms for analog or digital free 
over-the-air terrestrial broadcasting and, fu rther, a Party may provide limitations with 
respect to other non-interactive transmissi ons, in certain special cases provided that 
such limitations do not conflict with a normal exploitation of performances or 
phonograms and do not unreasonably prejudice the interests of such right holders. 
(b) Neither Party shall permit the retransmission of television signals (whether terrestrial, 
cable, or satellite) on the Internet without the authorization of the right holder in the subject matter of the signal. 
3. Each Party shall provide to authors, pe rformers, producers of phonograms, and their 
successors in interest the exclusiv e right of authorizing the making available to the public of the 
original and copies of their works and phonograms through sale or other transfer of ownership. 
4. Each Party shall provide that where the term of protection of a work (including a 
photographic work), performance, or phonogram is to be calculated: 
(a) on the basis of the life of a natural person, th e term shall be not less than the life of 
the author and 70 years after the authors death; and 
(b) on a basis other than the life of a natural person, the term shall be not less than 70 
years from the end of the calendar year of the first authorized publication of the work, performance, or phonogram or, failing such authorized publication within 50 years 
from the creation of the work, performance, or phonogram, not less than 70 years from the end of the calendar year of the creation of the work, performance, or phonogram. 
5. Each Party shall apply the provisions of Article 18 of the Berne Convention, mutatis 
mutandis , to the subject matter, rights and obligations in Articles 16.4 and 16.5. WT/REG161/1 
Page 136  
 
6. Each Party shall provide that for copyright a nd related rights, any person acquiring or holding 
any economic right: 
(a) may freely and separately transfer such right by contract; and 
(b) by virtue of a contract, including contracts of employment underlying the creation of 
works and phonograms, shall be able to exercise those rights in its own name and 
enjoy fully the benefits derived from those rights. 
7. (a) In order to provide adequate legal protec tion and effective legal remedies against the 
circumvention of effective technological me asures that authors, performers, producers 
of phonograms, and their successors in inter est use in connection with the exercise of 
their rights and that restrict unauthorized act s in respect of their works, performances, 
and phonograms, each Party shall provide that any person who: 
(i) knowingly, or having reasonable gr ounds to know, circumvents without 
authority any effective technological measure that controls access to a protected work, performance, phonogram, or other subject matter; or 
(ii) manufactures, imports, distributes, offers to the public, provides, or otherwise 
traffics in devices, products, or components or offers to the public or provides 
services, which: 
(A)  are promoted, advertised, or marketed for the purpose of 
circumvention of any effective technological measure, or 
 (B) have only a limited commercially significant purpose or use other 
than to circumvent any effective technological measure, or 
 (C) are primarily designed, produced, or performed for the purpose of 
enabling or facilitating the circumvention of any effective technological measure; 
 
shall be liable and subject to the remedies provided for in Article 16.9.5. Each Party 
shall provide that any person, other than a non-profit library, archive, educational institution, or public non-commercial broa dcasting entity, that is found to have 
engaged wilfully and for purposes of commerc ial advantage or private financial gain 
in such activities shall be guilty of a criminal offence. 
 
(b) For purposes of this paragraph, effective technological measure  means any 
technology, device, or component that, in the normal course of its operation, controls 
access to a protected work, performance, phonogram, or other subject matter, or protects any copyright or any rights related to copyright. 
(c) Paragraph 7(a) obligates each Party to prohibit circumvention of effective 
technological measures and does not obligate a Party to require that the design of, or the design and selection of parts and components for, a consumer electronics, telecommunications, or computing product provide for a response to any particular technological measure. The absence of a requi rement to respond affirmatively shall 
not constitute a defence to a claim of violation of that Party's measures implementing 
paragraph 7(a).  WT/REG161/1 
 Page 137 
 
 
(d) Each Party shall provide that a violation of the law implementing this paragraph is 
independent of any infringement that might occur under the Party law on copyright and related rights. 
(e) Each Party shall confine exceptions to the pr ohibition referred to in  paragraph 7(a)(ii) 
on technology, products, serv ices, or devices that circumvent effective technological 
measures that control access to, and, in the case of clause (i) below, that protect any 
of the exclusive rights of copyright or re lated rights in a protected work, to the 
following activities, provided that they do not impair the adequacy of legal protection 
or the effectiveness of legal remedies that the Party provides against the 
circumvention of effective technological measures: 
(i) non-infringing reverse engineering activities with regard to a lawfully 
obtained copy of a computer program, carried out in good faith with respect to particular elements of that comput er program that have not been readily 
available to the person engaged in su ch activity, for the sole purpose of 
achieving interoperability of an independently created computer program 
with other programs; 
(ii) non-infringing good faith activities, carried out by an appropriately qualified 
researcher who has lawfully obtained a copy, performance, or display of a work, and who has made a good faith effort to obtain authorization for such activities, to the extent necessary for the sole purpose of identifying and 
analyzing flaws and vulnerabilities of technologies for scrambling and 
descrambling of information; 
(iii) the inclusion of a component or part for the sole purpose of preventing the 
access of minors to inappropriate onlin e content in a technology, product, 
service, or device provided that such technology, product, service or device itself is not prohibited under the measures implementing paragraph 7(a)(ii); 
and 
(iv) non-infringing good faith activities that are authorized by the owner of a 
computer, computer system, or computer network for the sole purpose of testing, investigating, or correcting the security of that computer, computer system, or computer network. 
(f) Each Party shall confine exceptions to the prohibited conduct referre d to in paragraph 
7(a)(i) to the activities listed in paragra ph 7(e) and the following activities, provided 
that such exceptions do not impair the adequacy of legal protection or the effectiveness of legal remedies the Part y provides against the circumvention of 
effective technological measures: 
(i) access by a non-profit library, archive, or educational institution to a work 
not otherwise available to it, for the sole purpose of making acquisition 
decisions; 
(ii) non-infringing activities for the sole purpose of identifying and disabling a 
capability to carry out undisclosed collection or dissemination of personally identifying information reflecting the on line activities of a natural person in a 
way that has no other effect on the ability  of any person to gain access to any 
work; and WT/REG161/1 
Page 138  
 
(iii) non-infringing uses of a particular clas s of works when an actual or likely 
adverse impact on such non-infringing u ses with respect to such particular 
class of works is credibly demonstrated in a legislative or administrative proceeding, provided that any exception adopted in reliance on this clause 
shall have effect for a period of not more than four years from the date of 
conclusion of such proceeding. 
(g) Each Party may also provide exceptions to the prohibited conduct referred to in 
paragraph 7(a) for lawfully authorized  activities carried out by government 
employees, agents, or contractors for the purpose of law enforcement, intelligence, 
national defence, essential security, or similar government activities. 
8. In order to provide adequate and effective legal remedies to protect rights management 
information: 
(a) each Party shall provide that any person who without aut hority, and kn owingly, or, 
with respect to civil remedies, having reasonable grounds to know, that it will induce, enable, facilitate, or conceal an infringement of any copyright or related right, 
(i) knowingly removes or alters any rights management information; 
(ii) distributes or imports for distribution rights management information 
knowing that the rights management information has been altered without authority; or 
(iii) distributes, imports for distribution, broadcasts, communicates, or makes 
available to the public copies of works or phonograms, knowing that rights 
management information has been remo ved or altered without authority, 
shall be liable and subject to the remedies in  Article 16.9.5. Each Party shall provide 
that any person, other than a non-profit lib rary, archive, educational institution, or 
public non-commercial broadcasting entity, wh o is found to have engaged wilfully 
and for purposes of commercial advantage or private financial gain in such activities 
shall be guilty of a criminal offence. 
 
(b) For purposes of this paragraph, rights management information  means information 
which identifies a work, pe rformance, or phonogram; the author of the work, the 
performer of the performance, or the producer of the phonogram; or the owner of any right in the work, performance, or phonogram; information about the terms and 
conditions of the use of the work, perfo rmance, or phonogram; and any numbers or 
codes that represent such information, when any of these items is attached to a copy 
of the work, performance, or phonogram or appears in conjunction with the 
communication or making available of a work, performance, or phonogram to the public. Nothing in this paragraph obligates a Pa rty to require the owner of any right in 
the work, performance, or phonogram to att ach rights management information to 
copies of it or to cause rights management information to appear in connection with a 
communication of the work, performance, or phonogram to the public. 
9. Each Party shall issue appropriate laws, orde rs, regulations, administrative, or executive 
decrees mandating that all government agencies use co mputer software only as authorized by the right 
holder. Such measures shall actively regulate the ac quisition and management of software for such 
government use, which may take the form of procedures, such as preparing and maintaining 
inventories of software present on agency computer s, and inventories of existing software licenses.  WT/REG161/1 
 Page 139 
 
 
10. Each Party shall confine limitations or exceptions  to exclusive rights in Articles 16.4 and 16.5 
to certain special cases which do not conflict with a normal exploitation of the work, performance, or 
phonogram, and do not unreasonably prejudice the legitimate interests of the right holder. 
Article 16.5 
 
Obligations Pertaining To Related Rights  
 1. Each Party shall accord the rights provided for in  this Chapter to performers and producers of 
phonograms who are nationals of the other Part y and to performances or phonograms first published 
or fixed in the territory of the other Party. A performance or phonogram shall be considered first 
published in any Party in which it is publishe d within 30 days of its original publication.
16-8 
2. Each Party shall provide to performers the exclusive right to authorize or prohibit: 
(a) the communication to the public of their unfixed performances, except where the 
performance is already a broadcast performance, and 
(b) the fixation of their unfixed performances. 
3. With respect to all rights of performers and producers of phonograms, the enjoyment and 
exercise of the rights provided for in this Ch apter shall not be subject to any formality. 
4. For the purposes of this Chapte r, the following definitions apply with respect to performers 
and producers of phonograms: 
(a) performers  means actors, singers, musicians, dancers, and other persons who act, 
sing, deliver, declaim, play in, interpret,  or otherwise perform literary or artistic 
works or expressions of folklore; 
(b) phonogram  means the fixation of the sounds of a performance or of other sounds, or 
of a representation of sounds, other than in the form of a fixation incorporated in a 
cinematographic or other audiovisual work;16-9 
(c) fixation  means the embodiment of sounds, or of the representations thereof, from 
which they can be perceived, reproduced, or communicated through a device; 
(d) producer of a phonogram  means the person, or the le gal entity, who or which takes 
the initiative and has the responsibility for the first fixation of the sounds of a performance or other sounds, or the representations of sounds; 
(e) publication  of a fixed performance or a phonogram  means the offering of copies of 
the fixed performance or the phonogram to the public, with the consent of the right 
holder, and provided that copies are offered to the public in reasonable quantity; and 
(f) broadcasting  means the transmission by wireless means for public reception of 
sounds or of images and sounds or of the representations thereof; such transmission by satellite is also broadcasting; transmi ssion of encrypted signals is broadcasting 
where the means for decrypting are provided to the public by the broadcasting 
organization or with its consent. 
                                                     
 
16-8 For the application of paragraph 1 of Article 16.5, fixed means the finalization of the master tape or 
its equivalent. 
16-9 The definition of phonogram provided herein does not suggest that rights in the phonogram are in 
any way affected through their incorporation into a cinematographic or other audiovisual work. WT/REG161/1 
Page 140  
 
Article 16.6 
 
Protection Of Encrypted Program-Carrying Satellite Signals
 
 1. Each Party shall make it: 
(a) a criminal offence to manufacture, assemble, modify, import, export, sell, lease, or 
otherwise distribute a tangible or intangible device or system, knowing or having reason to know that the device or system is primarily of assistance in decoding an encrypted program-carrying satellite signal w ithout the authorization of the lawful 
distributor of such signal; 
(b) a criminal offence wilfully to receive or further distribute an encrypted program 
carrying satellite signal that has been decode d without the authorization of the lawful 
distributor of the signal; and 
(c) a civil offence to engage in any activity prohibited under subparagraph (a) or (b). 
2. Each Party shall provide that any civil offe nce established under subparagraph (c) shall be 
actionable by any person that holds an interest in  the encrypted program-carrying satellite signal or 
the content thereof. 
Article 16.7 
 
Patents
 
 
1. Each Party shall make patents available for an y invention, whether a product or a process, in 
all fields of technology, provided that the invention is new, involves an inventive step, and is capable 
of industrial application. For purposes of this Artic le, a Party may treat the terms "inventive step" and 
"capable of industrial application" as being syn onymous with the terms "non-obvious" and "useful", 
respectively. Each Party may exclude inventions from patentability only as defined in Articles 27.2 
and 27.3(a) of the TRIPS Agreement. 
2. Each Party shall provide that patent owners sha ll also have the right to assign, or transfer by 
succession, a patent and to conclude licensing contract s. Each Party shall provide a cause of action to 
prevent or redress the procurement of a patented pha rmaceutical product, without the authorization of 
the patent owner, by a party who knows or has reason to know that such product is or has been 
distributed in breach of a contract between the right  holder and a licensee, regardless of whether such 
breach occurs in or outside its territory.16-10 Each Party shall provide that  in such a cause of action, 
notice shall constitute constructive knowledge. 
3. Each Party may provide limited exceptions to  the exclusive rights conferred by a patent, 
provided that such exceptions do not unreasonably c onflict with a normal exploitation of the patent 
and do not unreasonably prejudice the legitimate inter ests of the patent owner, taking account of the 
legitimate interests of third parties. 
4. Each Party shall provide that a patent may only be revoked on grounds that would have 
justified a refusal to grant the patent, or that pertain to the insufficiency of or unauthorized 
amendments to the patent specification, non-disclosure or misrepresentation of prescribed, material particulars, fraud, and misrepresentation. Where such proceedings include opposition proceedings, a 
Party may not make such proceedings ava ilable prior to the grant of the patent. 
                                                     
 
16-10 A Party may limit such cause of action to cases where the product has been sold or distributed only 
outside the Party's territory before its procurement inside the Party's territory.  WT/REG161/1 
 Page 141 
 
 
5. If a Party permits the use by a third party of the subject matter of a subsisting patent to 
support an application for marketing approval of a pharmaceutical product, that Party shall provide 
that any product produced under such authority shall not  be made, used, or sold in the territory of that 
Party other than for purposes related to meeting requi rements for marketing approval, and if the Party 
permits exportation, the product sha ll only be exported outside the territory of that Party for purposes 
of meeting marketing approval requirements of that Party. 
6. Neither Party shall permit the use16-11 of the subject matter of a patent without the 
authorization of the right holder except in the following circumstances: 
(a) to remedy a practice determined after judicial or administrative process to be 
anticompetitive under the competition laws of the Party;16-12 
(b) in the case of public non-commercial use or in the case of a national emergency or 
other circumstances of extrem e urgency, provided that: 
(i) such use is limited to use by the governme nt or third parties authorized by the 
government; 
(ii) the patent owner is provided with reasonable and entire compensation for 
such use and manufacture; and 
(iii) the Party shall not require the patent owner to transfer undisclosed 
information or technical "know how" rela ted to a patented invention that has 
been authorized for use without the co nsent of the patent owner pursuant to 
this paragraph. 
Where a Party's law allows for such  use pursuant to subparagraphs (a) and (b), the Party shall respect 
the provisions of Article 31 of the TRIPS Agreement. 
 7. Each Party, at the request of the patent owner,  shall extend the term of a patent to compensate 
for unreasonable delays that occur in granting the patent. For the purposes of this paragraph, an 
unreasonable delay shall at least include a delay in the issuance of the patent of more than four years 
from the date of filing of the application with the Pa rty, or two years after a request for examination of 
the application has been made, whichever is later, pr ovided that periods attributable to actions of the 
patent applicant need not be included in the determination of such delays.
16-13 
8. Where a Party provides for the grant of a pate nt on the basis of an examination of the 
invention conducted in another country, that Party, at the request of the patent owner, may extend the 
term of a patent for up to five years to compen sate for the unreasonable delay that may occur in the 
issuance of the patent granted by such other country where that country has extended the term of the 
patent based on such delay. 
 
  
 
 
                                                     
 
16-11 "Use" in this provision refers to use other than that allowed in paragraph 3. 
16-12 The Parties recognize that an in tellectual property right does not necessarily confer market power 
upon its owner. 
16-13 Periods attributable to actions of the patent applicant shall include such periods of time taken to 
file prescribed documents relating to the examination as provided in the laws of the Party. WT/REG161/1 
Page 142  
 
Article 16.8 
 
Certain Regulated Products
 
 1. If a Party requires the submission of information concerning the safety and efficacy of a 
pharmaceutical or agricultural chemical product prio r to permitting the marketing of such product, the 
Party shall not permit third parties not having the consent of the party providing the information to 
market the same or a similar product on the basis of the approval granted to the party submitting such 
information for a period of at least five years from the date of approval for a pharmaceutical product 
and ten years from the date of approval for an agricultural chemical product.
16-14 
2. If a Party provides a means of granting approval to market a product specified in paragraph 1 
on the basis of the grant of an approval for ma rketing of the same or similar product in another 
country, the Party shall defer the date of any such approval to third parties not having the consent of 
the party providing the information in the other c ountry for at least five years from the date of 
approval for a pharmaceutical product and ten years fro m the date of approval for an agricultural 
chemical product in the territory of the Party or in the other country, whichever is later. 
3. Where a product is subject to a system of marketing approval pursuant to paragraph 1 or 2 
and is also subject to a patent in the territory of  that Party, the Party shall not alter the term of 
protection that it provides pursuant to paragraph 1 or 2 in the event that the patent protection 
terminates on a date earlier than the end of the term of such protection. 
4. With respect to any pharmaceutical pr oduct that is subject to a patent: 
(a) each Party shall make available an extension of the patent term to compensate the 
patent owner for unreasonable curtailment of the patent term as a result of the 
marketing approval process; 
(b) the Party shall provide that the patent owne r shall be notified of the identity of any 
third party requesting marketing approval e ffective during the term of the patent; and 
(c) the Party shall not grant marketing approval to any third party prior to the expiration 
of the patent term, unless by consent or with the acquiescence of the patent owner. 
Article 16.9 
 
Enforcement Of Intellectual Property Rights  
 General Obligations 
 
1. Each Party shall ensure that in judicial and administrative proceedings for the enforcement of 
intellectual property rights, decisions on the merits of a case, that under the law or practice of the Party are of general application, shall preferably be in writing and shall state the reasons on which the 
decisions are based. 
2. Each Party shall ensure that its laws and regul ations, procedures, final judicial decisions, and 
administrative rulings of general application pert aining to the enforcement of intellectual property 
rights shall be published, or where such publication is not practicable, made publicly available, in a 
                                                     
 
16-14 Where a Party, on the date of its implementati on of the TRIPS Agreement, had in place a system 
for protecting pharmaceutical or agricultural chemical products not involving new chemical entities from unfair 
commercial use that conferred a different form or period of protection shorter than that specified in paragraph 1 
of Article 16.8, that Party may retain such system notwithstanding the obligations of that paragraph.  WT/REG161/1 
 Page 143 
 
 
national language, in such a manner as to enable  the other Party and right holders to become 
acquainted with them. Nothing in this paragrap h shall require a Party to disclose confidential 
information the disclosure of which would impede la w enforcement or otherwise be contrary to the 
public interest or would prejudice the legitimate comme rcial interests of particular enterprises, public 
or private. 
3. Each Party shall inform the public of its efforts to provide effective enforcement of 
intellectual property rights in its civil, administra tive, and criminal system, including any statistical 
information that the Party may collect for such purposes. 
4. The Parties understand that a decision that a Party makes on the distribution of enforcement 
resources shall not excuse that Party fr om complying with this Chapter. 
5. Each Party shall provide for civil remedies agains t the actions described in paragraphs 7 and 8 
of Article 16.4. These shall include at least: 
(a) provisional measures, including seizure of devices and products suspected of being 
involved in the prohibited activity; 
(b) the opportunity for the right holder to elect between actual damages it suffered (plus 
any profits attributable to the prohibited activity not taken into account in computing 
the actual damages) or pre-established damages; 
(c) payment to a prevailing right holder of cour t costs and fees and reasonable attorney's 
fees by the party engaged in the prohibite d conduct at the conclusion of the civil 
judicial proceeding; and 
(d) destruction of devices and products found to  be involved in the prohibited conduct. 
6. In civil, administrative, and criminal proceedings involving copyright or related rights, each 
Party shall provide for a presumption that, in the ab sence of proof to the contrary, the natural person 
or legal entity whose name is indicated as the au thor, producer, performer, or publisher of the work, 
performance, or phonogram in the usual manner, is the designated right holder in such work, 
performance, or phonogram. Each Pa rty shall also provide for a pr esumption that, in the absence of 
proof to the contrary, the copyright or rela ted right subsists in such subject matter. 
Civil And Administrative Procedures And Remedi es For The Enforcement Of Intellectual Property 
Rights 
 
7. Each Party shall make available to right holders16-15 civil judicial procedures concerning the 
enforcement of any intellectual property right. 
8. Each Party shall provide that in civil judicial  proceedings, its judicial authorities shall have 
the authority, at least with respect to works, phono grams, and performances protected by copyright or 
related rights, and in cases of trademark infringemen t, to order the infringer to pay the right holder 
damages adequate to compensate for the injury the right holder  has suffered because of an 
infringement of that persons intellectual property right by an infringer engaged in infringing activity, 
as well as the profits of the infringer that are attributable to the infringement and are not taken into 
account in computing the actual damages. In addition,  in determining injury to the right holder, the 
                                                      
16-15 For the purpose of Article 16.9 concerning the enforcement of intellectual property rights, the term 
"right holder" shall include exclusive licensees as well as  federations and associations having the legal standing 
to assert such rights; and the term "e xclusive licensee" shall include the excl usive licensee of any one or more of 
the exclusive rights encompassed in a given intellectual property. WT/REG161/1 
Page 144  
 
judicial authorities shall, inter alia , consider the value of the infringed-upon good or service, 
according to the suggested retail price of the legitimate good or service. 
9. In civil judicial proceedings, each Party shall, at least with respect to works, phonograms and 
performances protected by copyright or related rights, and in cases of trademark counterfeiting, 
establish or maintain pre-established damages that shall be available on the election of the right 
holder. Each Party shall provide that pre-establishe d damages shall be in an amount sufficiently high 
to constitute a deterrent to future infringements a nd with the intent to compensate the right holder for 
the harm caused by the infringement. 
10. Each Party shall provide that its judicial au thorities, except in exceptional circumstances, 
shall have the authority to order, at the conclusion of the civil judicial proceedings concerning 
copyright or related rights and trademark counterfeit ing, that a prevailing right holder shall be paid 
court costs or fees and reasonable attorney's fees by the infringing party. 
11. In civil judicial proceedings concerning co pyright or related rights infringement and 
trademark counterfeiting, each Party shall provide that  its judicial authorities shall have the authority 
to order the seizure of suspected infringing goods a nd any related materials and implements used to 
accomplish the prohibited activity. 
12. Each Party shall provide that: 
(a) in civil judicial proceedings, at the right holders request, goods that have been found 
to be pirated or counterfeit shall be destroyed, except in exceptional cases; 
(b) its judicial authorities have the authority to order that materials and implements 
which have been used in the creati on of the infringing goods be, without 
compensation of any sort, promptly destroyed or, in exceptional cases, without 
compensation of any sort, disposed of outsi de the channels of commerce in such a 
manner as to minimize the risks of further infringements; and 
(c) in regard to counterfeit trademarked goods , the simple removal of the trademark 
unlawfully affixed shall not be sufficient to permit the release of goods into the 
channels of commerce. 
13. Each Party shall provide that in civil judicial  proceedings, its judicial authorities shall have 
the authority to order the infringer to identify th ird parties that are involved in the production and 
distribution of the infringing goods or services and thei r channels of distribution and to provide this 
information to the right holder. Each Party shall pr ovide that its judicial authorities shall have the 
authority to fine or imprison, in appropriate cases, pe rsons who fail to abide by valid orders issued by 
such authorities. 
Provisional Measures Concerning The Enforcement Of Intellectual Property Rights 
 
14. Each Party shall provide that requests for relief inaudita altera  parte shall be dealt with 
expeditiously in accordance with the Party's judicial rules. 
15. Each Party shall provide that: 
(a) its judicial authorities have the authority to require the plaintiff to provide any 
reasonably available evidence in order to sa tisfy themselves with a sufficient degree 
of certainty that the plaintiffs right is being infringed or that such infringement is imminent, and to order the plaintiff to pr ovide a reasonable security or equivalent  WT/REG161/1 
 Page 145 
 
 
assurance set at a level sufficient to protect the defendant and to prevent abuse, and so as not to unreasonably deter recourse to such procedures. 
(b) in the event that its judicial or other authorities appoint experts, technical or 
otherwise, that must be paid by the plaintiff, such costs should be closely related, inter alia , to the quantity of work to be pe rformed and should not unreasonably deter 
recourse to such relief. 
Special Requirements Related To Border Measur es Concerning The Enforcement Of Intellectual 
Property Rights 
 
16. Each Party shall provide that any right holde r initiating procedures for suspension by the 
Party's customs authorities of the release of susp ected counterfeit trademark or pirated copyright 
goods
16 into free circulation shall be required to provi de adequate evidence to satisfy the competent 
authorities that, under the law of the importing country, there is prima facie  an infringement of the 
right holder's intellectual property right and to supp ly sufficient information that may reasonably be 
expected to be within the right holders know ledge to make the suspected goods reasonably 
recognizable to the customs authorities. 
17. Each Party shall provide that its competent aut horities shall have the authority to require an 
applicant to provide a reasonable security or equiva lent assurance sufficient to protect the defendant 
and the competent authorities and to prevent abuse.  Each Party shall provide that the security or 
assurance shall not unreasonably deter recourse to these procedures. 
18. Where its competent authorities have made a determination that goods  are counterfeit or 
pirated, the Party shall grant its competent authoriti es the authority to inform the right holder of the 
names and addresses of the consignor, the importer, and the consignee, and of the quantity of the 
goods in question. 
19. Each Party shall provide that its compet ent authorities may initiate border measures ex officio , 
without the need for a formal complaint from a private party or right holder. Such measures shall 
apply to shipments of pirated and counterfeit goods  imported into or exported out of a Party's 
territory, including shipments consigned to a local pa rty. For transhipped goods that are not consigned 
to a local party, each Party shall, upon request , endeavour to examine such goods. For products 
transhipped through the territory of a Party destined  for the territory of the other Party, the former 
shall cooperate to provide all ava ilable information to the latter Part y to enable effective enforcement 
against shipments of counterfeit or pirated goods. Each  Party shall ensure that it has the authority to 
undertake such cooperation in response to a request by the other Party on counterfeit or pirated goods 
en route to that other Party. 
20. Each Party shall provide that goods that its competent authorities have determined to be 
pirated or counterfeit shall be destroyed, except in exceptional cases. In regard to counterfeit 
trademark goods, the simple removal of the trademar k unlawfully affixed shall not be sufficient to 
                                                      
16 For the purposes of this Chapter: 
 (a) counterfeit trademark goods  shall mean any goods, including packaging, bearing without 
authorization a trademark which is identical to the trademark validly registered in respect of such 
goods, or which cannot be distinguished in its e ssential aspects from such  a trademark, and which 
thereby infringes the rights of the owner of the trad emark in question under the law of the country of 
importation; and 
 (b) pirated copyright goods  shall mean any goods which are copies made without the 
consent of the right holder or person duly authorized by the right holder in the country of production and which are made directly or indirectly from an article where the making of that copy would have 
constituted an infringement of a copyright or a related right under the law of the country of 
importation. WT/REG161/1 
Page 146  
 
permit the release of the goods into the channels  of commerce. In no event shall the competent 
authorities be authorized to permit th e export of counterfeit or pirated goods. 
Criminal Procedures And Remedies For The Enforcement Of Intellectual Property Rights 
 
21. Each Party shall provide criminal procedures a nd penalties to be applied at least in cases of 
wilful trademark counterfeiting or copyright or rela ted rights piracy on a commercial scale. Wilful 
copyright or related rights piracy on a commercial scale includes (i) significant wilful infringements 
of copyright or related rights that have no direct or indirect motivation of financial gain, as well as (ii) 
wilful infringements for purposes of commercial advantage or financial gain. 
(a) Specifically, each Party shall provide: 
(i) remedies that include imprisonment as well as monetary fines sufficiently 
high to deter future acts of infringement consistent with a policy of removing 
the monetary incentive of the infringer.  Also, each Party shall encourage its 
judicial authorities to impose such fin es at levels sufficient to provide a 
deterrent to future infringements; 
(ii) that its judicial authorities have the aut hority to order the seizure of suspected 
counterfeit or pirated goods, any relate d materials and implements that have 
been used in the commission of the offence, any assets traceable to the 
infringing activity, and documentary evid ence relevant to the offence that fall 
within the scope of such order. Items that are subject to seizure pursuant to 
such order need not be individually identified so long as they fall within 
general categories specified in the order; 
(iii) that its judicial authorities shall, except in exceptional cases, order the 
forfeiture and destruction of all counterfe it or pirated goods, a nd, at least with 
respect to wilful copyright or related rights piracy, materials and implements 
that have been used in the creation of the infringing goods. Each Party shall 
further provide that such forfeiture and destruction shall occur without 
compensation of any kind to the defendant; and  
(iv) that its authorities may initiate legal action ex officio , without the need for a 
formal complaint by a private party or right holder. 
(b) Each Party may provide procedures for right holders to initiate private criminal 
actions. However, these procedures shall not be unduly burdensome or costly for 
right holders. Each Party shall ensure that non-private criminal actions are the 
primary means by which it ensures the eff ective enforcement of its criminal law 
against wilful copyright or related rights pi racy. In addition, each Party shall ensure 
that its competent authorities bring criminal  actions, as necessary, to act as a deterrent 
to further infringements. 
Limitations On Liability For Service Providers 
 
22. Each Party shall provide, consistent with the framework set forth in Article 16.9: 
(a) legal incentives for service providers to cooperate with copyright
16-17 owners in 
deterring the unauthorized storage and tran smission of copyrighted materials; and 
                                                      
16-17 For purposes of Article 16.9.22, "copyright" shall also include related rights.  WT/REG161/1 
 Page 147 
 
 
(b) limitations in its law regarding the sc ope of remedies available against service 
providers for copyright infringements that they do not control, initiate, or direct, and that take place through systems or networks  controlled or operated by them or on 
their behalf, as set forth in this subparagraph.
16-18 
(i) These limitations shall preclude mone tary relief and provide reasonable 
restrictions on court-ordered relief to compel or restrain certain actions for 
the following functions and shall be confined to those functions:16-19 
(A) transmitting, routing or providing  connections for material without 
modification of its content, or the intermediate and transient storage of such material in the course thereof; 
 
(B) caching carried out through an automatic process;  (C) storage at the direction of a user of material residing on a system or 
network controlled or operated by or for the service provider; and 
 
(D)  referring or linking users to an online location by using information 
location tools, including hyperlinks and directories. 
 
(ii) These limitations shall apply only where the service provider does not initiate 
the chain of transmission of the material, and does not select the material or 
its recipients (except to the extent that  a function described in clause (i)(D) in 
itself entails some form of selection). 
(iii) Qualification by a service provider for the limitations as to each function in 
clauses (i)(A) through (i)(D) shall be considered separately from qualification for the limitations as to each other function, in accordance with the conditions 
for qualification set forth in subparagraphs (iv) - (vii). 
(iv) With respect to functions referred to in  clause (i)(B), the limitations shall be 
conditioned on the service provider: 
(A) permitting access to cached material in significant part only to users 
of its system or network who have  met conditions on user access to 
that material; 
 
(B) complying with rules concerning the refreshing, reloading, or other 
updating of the cached material when  specified by the person making 
the material available online in accordance with a generally accepted 
industry standard data communications protocol for the system or 
network through which that person makes the material available; 
 (C) not interfering with technology consistent with industry standards 
accepted in the territory of each Party used at the originating site to 
obtain information about the use of the material, and not modifying its content in transmission to subsequent users; and 
 
                                                     
 
16-18 It is understood that this subparagraph is w ithout prejudice to the availability of defences to 
copyright infringement that are of general applicability. 
16-19 Either Party may request consultations with the other Party to consider how to address future 
functions of a similar nature under this paragraph. WT/REG161/1 
Page 148  
 
(D) expeditiously removing or disabling access, on receipt of an effective 
notification of claimed infringement, to cached material that has been removed or access to which has been disabled at the originating site. 
 
(v) With respect to functions referred to in clauses (i)(C) and (i)(D), the 
limitations shall be conditioned on the service provider: 
(A)  not receiving a financial benefit directly attributable to the infringing 
activity, in circumstances where it h as the right and ability to control 
such activity; 
 
(B) expeditiously removing or disabling access to the material residing on 
its system or network on obtaining actual knowledge of the infringement or becoming aware of facts or circumstances from which the infringement was apparent, such as through effective notifications of claimed infringement in accordance with 
subparagraph (ix) and 
 (C) publicly designating a representativ e to receive such notifications. 
 
(vi) Eligibility for the limitations in this s ubparagraph shall be conditioned on the 
service provider: 
(A) adopting and reasonably implementing a policy that provides for 
termination in appropriate circumst ances of the accounts of repeat 
infringers; and 
 (B)  accommodating and not interfering with standard technical measures 
accepted in the territory of each Party that protect and identify 
copyrighted material, that are developed through an open, voluntary process by a broad consensus of copyright owners and service providers, that are available on reasonable and non-discriminatory 
terms, and that do not impose substa ntial costs on service providers or 
substantial burdens on their systems or networks. 
 
(vii) Eligibility for the limitations in this subparagraph may not be conditioned on 
the service provider monitoring its service, or affirmatively seeking facts indicating infringing activity, except to the extent consistent with such technical measures. 
(viii) If the service provider qualifies for the limitations with respect to the 
functions referred to in clause (i)(A) , court-ordered relief to compel or 
restrain certain actions shall be limited to terminating specified accounts, or to taking reasonable steps to block access to a specific, non-domestic online 
location. If the service provider qualifies for the limitations with respect to any other function in clause (i), court-ordered relief to compel or restrain 
certain actions shall be limited to removing or disabling access to the 
infringing material, terminating specified accounts, and other remedies that a court may find necessary provided that such other remedies are the least burdensome to the service provider am ong comparably effective forms of 
relief. Each Party shall provide that an y such relief shall be issued with due 
regard for the relative burden to the service provider and harm to the 
copyright owner, the technical feasibility and effectiveness of the remedy, and whether less burdensome, comparably effective enforcement methods are  WT/REG161/1 
 Page 149 
 
 
available. Except for orders ensuring the preservation of evidence, or other orders having no material adverse effect on the operation of the service provider, communications network, each Party shall provide that such relief 
shall be available only where the service provider has received notice of the court order proceedings referred to in th is subparagraph and an opportunity to 
appear before the judicial authority. 
(ix) For purposes of the notice and take down process for the functions referred to 
in clauses (i)(C) and (D), each Party shall establish appropriate procedures for effective notifications of claime d infringement, and effective counter-
notifications by those whose material is removed or disabled through mistake 
or misidentification. Each Party sha ll also provide for monetary remedies 
against any person who makes a knowi ng material misrepresentation in a 
notification or counter-notification that causes injury to any interested party 
as a result of a service provider relying on the misrepresentation. 
(x)  If the service provider removes or disables access to material in good faith 
based on claimed or apparent infringeme nt, each Party shall provide that the 
service provider shall be exempted from liability for any resulting claims, provided that, in the case of material residing on its system or network, it takes reasonable steps promptly to notify the person making the material 
available on its system or network that  it has done so and, if such person 
makes an effective counter-notification and is subject to jurisdiction in an 
infringement suit, to restore the material online unless the person giving the 
original effective notification seeks judicial relief within a reasonable time. 
(xi) Each Party shall establish an administ rative or judicial procedure enabling 
copyright owners who have given effective notification of claimed 
infringement to obtain expeditiously from a service provider information in 
its possession identifying the alleged infringer. 
(xii)  For purposes of the functions referred to in clause (i)(A), service provider  
means a provider of transmission, routing or connections for digital online communications without modification of their content between or among points specified by the user of material of the users choosing, and for purposes of the functions referred to in clauses (i)(B) through (i)(D) service 
provider means a provider or operator of facilities for online services or 
network access. 
Article 16.10 
 
Transitional Provisions
 
 
1. Each Party shall implement the obligations of  this Chapter within the following periods: 
(a) Each Party shall ratify or accede to the UPOV Convention and give effect to the 
obligations in paragraph 4 of Article 16.4 within six months of the date of entry into 
force of this Agreement or December 31, 2004, whichever date is earlier; 
(b) each Party shall ratify or accede to the agreemen ts listed in paragraph 2(a) of Article 
16.1 (except for the UPOV Convention) a nd give effect to Articles 16.4 and 16.5 
(except for paragraph 4 of Article 16.4) within  one year of the date of entry into force 
of this Agreement; and WT/REG161/1 
Page 150  
 
(c) each Party shall implement each of the other obligations of this Chapter within six 
months of the date of entry into force of this Agreement. 
2. Except as otherwise provided in this Chapter, the date of entry into force in paragraph 6(b) of 
Article 16.1 means the date of the expiry of the six-month period commencing on the date this 
Agreement enters into force. 
 
CHAPTER 17: LABOR 
 
Article 17.1 
 
Statement Of Shared Commitment
 
 1. The Parties reaffirm their obligations as memb ers of the International Labor Organization 
("ILO") and their commitments under the ILO Decl aration on Fundamental Principles and Rights at 
Work and its Follow-up.
17-1 Each Party shall strive to ensure  that such Labor principles and the 
internationally recognized Labor rights set forth in Article 17.7 are recognized and protected by 
domestic law. 
2. Recognizing the right of each Party to establish its own domestic Labor standards, and to 
adopt or modify accordingly its Labor laws and regula tions, each Party shall strive to ensure that its 
laws provide for Labor standards consistent with the internationally recognized Labor rights set forth 
in Article 17.7 and shall strive to improve those standards in that light. 
Article 17.2 
 
Application And Enforcement Of Labor Laws  
 1. (a) A Party shall not fail to effectively en force its Labor laws, through a sustained or 
recurring course of action or inaction, in a manner affecting trade between the Parties, 
after the date of entry into force of this Agreement. 
(b) The Parties recognize that each Party retains the right to exercise discretion with 
respect to investigatory, prosecutorial, regulatory, and compliance matters and to 
make decisions regarding the allocation of resources to enforcement with respect to 
other Labor matters determined  to have higher priorities. Accordingly, the Parties 
understand that a Party is in compliance with subparagraph (a) where a course of 
action or inaction reflects a reasonable exercise of such discretion, or results from a bona fide  decision regarding the allocation of resources. 
2. The Parties recognize that it is inappropriate to  encourage trade or investment by weakening 
or reducing the protections afforded in domestic La bor laws. Accordingly, each  Party shall strive to 
ensure that it does not waive or otherwise derogate  from, or offer to waive or otherwise derogate 
from, such laws in a manner that weakens or re duces adherence to the internationally recognized 
Labor rights referred to in Article 17.7 as an encour agement for trade with the other Party, or as an 
encouragement for the establishment, acquisition, expa nsion, or retention of an investment in its 
territory. 
                                                     
 
17-1 The Parties recall that paragraph 5 of this ILO Decl aration states that Labor standards should not be 
used for protectionist trade purposes.  WT/REG161/1 
 Page 151 
 
 
Article 17.3 
 
Procedural Guarantees And Public Awareness  
 1. Each Party shall ensure that persons with a legally recognized interest under its law in a 
particular matter have appropriate access to administra tive, quasi judicial, judicial, or Labor tribunals 
for the enforcement of the Party's Labor laws. 
2. Each Party shall ensure that its administrative, quasi-judicial, judicial, or Labor tribunal 
proceedings for the enforcement of its Labor laws are fair, equitable and transparent. 
3. Each Party shall provide that the parties to su ch proceedings may seek remedies to ensure the 
enforcement of rights under domestic Labor laws. 
4. Each Party shall promote public awareness of its Labor laws. 
Article 17.4 
 
Institutional Arrangements
 
 
1. The functions of the Joint Committee estab lished under Chapter 20 (Administration and 
Dispute Settlement) shall include discussion of ma tters related to the operation of this Chapter, 
including the Labor Cooperation Mechanism estab lished under Article 17.5, and the pursuit of the 
Labor objectives of this Agreement. The Joint Committee may establish a Subcommittee on Labor 
Affairs consisting of officials of the Labor ministry and other appropriate agencies or ministries of 
each Party to meet at such times as they deem  appropriate to discuss matters related to the 
implementation of this Chapter. Each meeting of  the Subcommittee shall include a public session, 
unless the Parties agree otherwise. 
2. Each Party shall designate an office within its  Labor ministry that shall serve as a contact 
point with the other Party, and with the public , for purposes of implementing this Chapter. 
3. Each Party may convene a national Labor advi sory committee, compri sing members of its 
public, including representatives of its Labor and busi ness organizations and other persons, to advise 
it on the implementation of this Chapter. 
4. Each formal decision of the Parties concerning implementation of this Chapter shall be made 
public, unless the Parties decide otherwise. 
5. Each Party's contact point designated under pa ragraph 2 shall provide for the submission, 
receipt, and consideration of public  communications on matters related to provisions of this Chapter, 
and shall make such communications available to the other Party and, as appropriate, to the public. 
Each Party shall review such communications, as appropriate, in accordance with domestic procedures. The Parties, when they consider it ap propriate, shall jointly prepare reports on matters 
related to the implementation of this Chap ter, and shall make such reports public. 
Article 17.5 
 
Labor Cooperation
 
  Recognizing that cooperation provides enhanced  opportunities to promote respect for core 
Labor standards embodied in the ILO Declaration on Fundamental Principles and Rights at Work and 
its Follow-Up and compliance with ILO Conven tion 182 Concerning the Prohibition and Immediate 
Action for the Elimination of the Worst Forms of Child Labor, and to further advance other common WT/REG161/1 
Page 152  
 
commitments, the Parties establish a Labor Coopera tion Mechanism, as set out in Annex 17A to this 
Chapter.  
Article 17.6 
 
Labor Consultations
 
 1. A Party may request consultations with the other Party regarding any matter arising under this 
Chapter. Unless the Parties agree otherwise, consulta tions shall commence within 30 days of a Party's 
delivery of a request for consultations to the other Party's contact point designated pursuant to Article 
17.4.2. 
2. The Parties shall make every attempt to arrive at a mutually satisfactory resolution of the 
matter and may seek advice or assistance from any person or body they deem appropriate. 
3. If the consultations fail to resolve the matter, either Party may request that the Subcommittee 
on Labor Affairs be convened. The Subcommittee sha ll convene within 30 days of a Party's delivery 
of a request to convene the Subcommittee to the other Party's contact point designated pursuant to 
Article 17.4.2,
17-2 unless the Parties otherwise agree. The S ubcommittee shall endeavour to resolve the 
matter expeditiously, including, wh ere appropriate, by consulting govern mental or outside experts and 
having recourse to such procedures as go od offices, conciliation, or mediation. 
4. If a Party considers that the other Party has fa iled to carry out its obligations under Article 
17.2.1(a), the Party may request consultations pu rsuant to Article 20.4.2(a) (Additional Dispute 
Settlement Procedures) or under paragraph 1 of this Article. 
(a) If a Party requests consultations pursuant to Article 20.4.2(a) at a time when the 
Parties are engaged in consultations on the same matter under paragraph 1 of this 
Article or the Subcommittee is endeavouri ng to resolve the matter under paragraph 3, 
the Parties shall discontinue their efforts to  resolve the matter under this Article. Once 
consultations have begun unde r Article 20.4.2(a), no cons ultations on the same matter 
may be entered into under this Article. 
(b) If a Party requests consultations pursuant to Ar ticle 20.4.2(a) more than 60 days after 
the commencement of consultations under pa ragraph 1, the Parties may agree at any 
time to refer the matter to the Joint Co mmittee pursuant to Article 20.4.2(a). 
5. Articles 20.3 (Consultations) a nd 20.4 (Additional Dispute Settlement Procedures) shall not 
apply to a matter arising under any provision of  this Chapter other than Article 17.2.1(a). 
Article 17.7 
 
Definitions  
 
 For purposes of this Chapter: 
 1. Labor laws  means a Party's statutes or regulations, or provisions thereof, that are directly 
related to the following internationally recognized Labor rights: 
(a) the right of association; 
                                                     
 
17-2 If, on the date a Party delivers a request, the Pa rties have not established the Subcommittee, they 
shall do so during the 30-day period described in this paragraph.  WT/REG161/1 
 Page 153 
 
 
(b) the right to organize and bargain collectively; 
(c) a prohibition on the use of any form of forced or compulsory Labor; 
(d) Labor protections for children and young people, including a minimum age for the 
employment of children and the prohibition and elimination of the worst forms of child Labor; and 
(e) acceptable conditions of work with respect to minimum wages, hours of work, and 
occupational safety and health; and 
2. (a) for Singapore, minimum wages  means wage guidelines issued by the National 
Wages Council ("NWC") and gazetted under the Employment Act; and 
(b) for the United States, statutes or regulations  means acts of the U.S. Congress or 
regulations promulgated pursuant to an act of the U.S. Congress that are enforceable, 
in the first instance, by action of the federal government. 
 
ANNEX 17A 
 
United States - Singapore Labor Cooperation Mechanism
 
 1. Establishment of a Labor Cooperation Mechanism . Recognizing that cooperation provides 
enhanced opportunities to improve Labor standard s, and to further advance common commitments, 
including the June 1998 ILO Declaration on Fundame ntal Principles and Rights at Work and its 
Follow-up, the Parties establish a Labor Cooperation Mechanism. 
2. (a) Organization and Principal Functions . The contact points established under Article 
17.4.2 shall serve as the contact points for the Labor Cooperation Mechanism. 
(b) Officials of the Labor ministries and other appropriate agencies and ministries shall 
cooperate through the Labor Cooperation Mechanism to: 
(i) establish priorities for cooperative activities on Labor matters; 
(ii) develop specific cooperative activities in accord with such priorities; 
(iii) exchange information regarding Labo r law and practice in each Party; 
(iv) exchange information on ways to impr ove Labor law and practice, including 
best Labor practices; 
(v) advance understanding of, respect for, and effective implementation of the 
principles reflected in the ILO Declaration on Fundamental Principles and 
Rights at Work and its Follow-up; and 
(vi) develop recommendations for their resp ective governments for consideration 
by the Joint Committee. 
3. Cooperative Activities . Cooperative activities to be undertaken by the Labor Cooperation 
Mechanism may include the following subjects: WT/REG161/1 
Page 154  
 
(a) fundamental rights and their effective application : legislation, practice, and 
implementation related to the core elemen ts of the ILO Declaration on Fundamental 
Rights at Work (freedom of association and the effective recognition of the right to collective bargaining, elimination of all forms of forced or compulsory Labor, abolition of child Labor including the worst forms of child Labor in compliance with 
ILO Convention No. 182, and elimina tion of employment discrimination); 
(b) Labor-management relations : forms of cooperation and dispute resolution among 
workers, management and governments; 
(c) working conditions : occupational safety and health; prevention of and compensation 
for work-related injuries and illn ess; and employment conditions; 
(d) unemployment assistance programs and other social safety net programs ;  
(e) human resource development and life long learning ;  
(f) Labor statistics ; and 
(g) such other matters as the Parties may agree. 
4. Implementation of Cooperative Activities . 
(a) Cooperative activities agreed upon under para graph 3 may be implemented through: 
(i) exchanges of delegations, professionals, and specialists, including study visits 
and other technical exchanges; 
(ii) exchange of information, standards, regulations and procedures, and best 
practices, including pub lications and monographs; 
(iii) organization of joint conferences, se minars, workshops, meetings, training 
sessions, and outreach and education programs; 
(iv) development of collaborative projects or demonstrations; 
(v) joint research projects, studies, and repo rts, including thr ough engagement of 
independent experts with recognized expertise; and 
(vi) other forms of technical exchange or cooperation that may be decided. 
(b) In identifying areas for cooperation and carry ing out cooperative activities, the Parties 
shall consider views of their respectiv e worker and employer representatives. 
 
CHAPTER 18: ENVIRONMENT 
 
Article 18.1 
 
Levels Of Protection
 
  Recognizing the right of each Party to establis h its own levels of domestic environmental 
protection and environmental devel opment policies and priorities, and to adopt or modify accordingly  WT/REG161/1 
 Page 155 
 
 
its environmental laws, each Party shall ensure that its laws provide for high levels of environmental 
protection and shall strive to continue to improve those laws.  
Article 18.2 
 
Application And Enforcement Of Environmental Laws
 
 1. (a) A Party shall not fail to effectively enforce its environmental laws, through a 
sustained or recurring course of action or inaction, in a manner affecting trade between the Parties, after the date of entry into force of this Agreement. 
(b) The Parties recognize that each Party retains the right to exercise discretion with 
respect to investigatory, prosecutorial, regulatory, and compliance matters and to 
make decisions regarding the allocation of resources to enforcement with respect to 
other environmental matters determined to have higher priorities. Accordingly, the 
Parties understand that a Party is in comp liance with subparagraph (a) where a course 
of action or inaction reflects a reasonable exercise of such discretion, or results from a 
bona fide  decision regarding the allocation of resources. 
2. The Parties recognize that it is inappropriate to  encourage trade or investment by weakening 
or reducing the protections afforded in domestic environmental laws. Accordingly, each Party shall 
strive to ensure that it does not waive or otherwi se derogate from, or offer to waive or otherwise 
derogate from, such laws in a manner that weakens or reduces the protections afforded in those laws 
as an encouragement for trade with the other Part y, or as an encouragement for the establishment, 
acquisition, expansion, or retention of an investment in its territory. 
Article 18.3 
 
Procedural Matters
 
 
1. Each Party shall ensure that judicial, quasi  judicial, or administrative proceedings are 
available under its law to sanction or reme dy violations of its environmental laws. 
(a) Such proceedings shall be fair, open, and equ itable, and to this end shall comply with 
the due process of law, and be open to the public (except where the administration of justice otherwise requires). 
(b) Each Party shall provide appropriate and effective remedies or sanctions for a 
violation of its environmental laws that: 
(i) take into consideration the nature and gravity of the violation, any economic 
benefit the violator has derived from the violation, the economic condition of the violator, and other relevant factors; and 
(ii) may include remedies or sanctions such as: compliance agreements, 
penalties, fines, imprisonment, injunctions, the closure of facilities, and the cost of containing or cleaning up pollution. 
2. Each Party shall ensure that interested pers ons may request the Party's competent authorities 
to investigate alleged violations of  its environmental laws and that the competent authorities give such 
requests due consideration in accordance with its law. WT/REG161/1 
Page 156  
 
3. Each Party shall ensure that persons with a legally recognized interest under its law in a 
particular matter have appropriate access to judici al, quasi-judicial, or administrative proceedings for 
the enforcement of the Party's environmental laws. 
4. Each Party shall provide pers ons appropriate and effective rights of access to remedies, in 
accordance with its laws, which may include rights such as: 
(a) to sue another person under that Party's jurisdiction for damages; 
(b) to seek sanctions or remedies such as mone tary penalties, emergency closures, or 
orders to mitigate the consequences of violations of its environmental laws; 
(c) to request the competent authorities to take appropriate action to enforce that Party's 
environmental laws in order to protect th e environment or to avoid environmental 
harm; or 
(d) to seek injunctions where a person suffers, or  may suffer, loss, damage or injury as a 
result of conduct by another person subject to that Party's jurisdiction contrary to that 
Party's environmental laws, or from tortious  conduct that harms human health or the 
environment. 
Article 18.4 
 
Institutional Arrangements
 
 1. In addition to discussions of issues or activities related to the operation of this Chapter that 
may take place in the Joint Committee established under Article 20.1 (Joint Committee), the Parties 
shall, at the request of either Party, form a subco mmittee consisting of government officials to meet at 
other times, as they deem appropriate, to discuss ma tters related to the opera tion of this Chapter. 
These meetings shall normally include a session where members of the subcommittee have an 
opportunity to meet with the public to discuss matter s related to the operation of this Chapter. The 
Parties, when they consider appropriate, shall jointly prepare reports on matters related to the 
implementation of this Chapter, and shall make su ch reports public, except as otherwise provided in 
this Agreement. 
2. Each formal decision of the Parties concerning implementation of this Chapter shall be made 
public, unless the Parties decide otherwise. 
Article 18.5 
 
Opportunities For Public Participation
 
 1. To ensure the availability of opportunities for pub lic participation in the discussion of matters 
related to the operation of this Chapter, and to facilitate the sharing of best practices and the 
development of innovative approaches to issues of inte rest to the public with regard to such matters, 
each Party shall develop or maintain procedur es for dialogue with its public concerning the 
implementation of this Chapter, including: 
(a) the identification of matters to discuss at the meetings of the Joint Committee or the 
subcommittee described in Article 18.4; and 
(b) opportunities for its public to provide, on an  on-going basis, views, recommendations, 
or advice on matters related to the provi sions of this Chapter. Such views, 
recommendations, or advice shall be made ava ilable to the other Party and the public.  WT/REG161/1 
 Page 157 
 
 
2. Each Party may convene, or consult with an ex isting, national advisory committee, composed 
of representatives of its environmental and business organizations and other members of its public, to 
advise it on the implementation of this Chapter, as appropriate. 
3. Each Party shall make best efforts to respond favourably to requests for consultations by 
persons or organizations of its territory regarding that Party's implementation of this Chapter. 
Article 18.6 
 
Environmental Cooperation  
 1. The Parties recognize the importance of strengthening capacity to protect the environment 
and to promote sustainable development in concer t with the strengthening of trade and investment 
relations between them. The Parties shall, as appr opriate, pursue cooperative environmental activities, 
including those pertinent to trad e and investment and to strengthening environmental performance, 
such as information reporting, enforcement capaci ty, and environmental ma nagement systems, under 
a Memorandum of Intent on Cooperation in Enviro nmental Matters to be entered into between the 
Government of Singapore and the United States and in other fora. The Parties also recognize the 
ongoing importance of environmental cooperation that may be undertaken outside this Agreement. 
2. The Parties shall take into account public  comment and recommendations regarding 
cooperative environmental activities undertaken pursuant to this Chapter. Each Party shall also seek 
opportunities for its citizens to participate in th e development and implementation of cooperative 
environmental activities, such as through the use of public-private partnerships. 
3. In addition to the environmental cooperation activ ities outlined in Paragraph 1 of this Article, 
the Parties shall, as they deem appropriate, shar e information on their experiences in assessing and 
taking into account positive or negative environmen tal effects of trade agreements and policies. 
Article 18.7 
 
Environmental Consultations
 
 1. A Party may request consultations with the other Party regarding any matter arising under this 
Chapter. Unless the Parties otherwise agree, consulta tions shall commence within 30 days of a Party's 
delivery of a request for consultations to the cont act point designated by the other Party for this 
purpose. 
2. The Parties shall make every attempt to arrive at a mutually satisfactory resolution of the 
matter and may seek advice or assistance from any person or body they deem appropriate. 
3. If the consultations fail to resolve the matter, either Party may request that the subcommittee 
described in Article 18.4 be conve ned. The subcommittee shall convene  within 30 days of a Party's 
delivery of a written request to c onvene the subcommittee to the othe r Party's contact point designated 
pursuant to paragraph 1,
18-1 unless the Parties otherwise agree, and shall endeavour to resolve the 
matter expeditiously, including, wh ere appropriate, by consulting govern mental or outside experts and 
having recourse to such procedures as go od offices, conciliation, or mediation. 
4. If a Party considers that the other Party has fa iled to carry out its obligations under Article 
18.2.1(a), the Party may request consultations pu rsuant to Article 20.4.2(a) (Additional Dispute 
Settlement Procedures) or under paragraph 1 of this Article. 
                                                      
18-1 If, on the date a Party delivers a request, the Parties have not established the subcommittee, they 
shall do so during the 30-day period described in this paragraph. WT/REG161/1 
Page 158  
 
(a) If a Party requests consultations pursuant to Article 20.4.2(a) at a time when the 
Parties are engaged in consultations on the same matter under paragraph 1 of this 
Article or the subcommittee is endeavouri ng to resolve the matter under paragraph 3, 
the Parties shall discontinue their efforts to  resolve the matter under this Article. Once 
consultations have begun unde r Article 20.4.2(a), no cons ultations on the same matter 
may be entered into under this Article. 
(b) If a Party requests consultations pursuant to Ar ticle 20.4.2(a) more than 60 days after 
the commencement of consultations under pa ragraph 1, the Parties may at any time 
agree to refer the matter to the Joint Committee pursuant to Article 20.4.2(a). 
5. Articles 20.3 (Consultations) a nd 20.4 (Additional Dispute Settlement Procedures) shall not 
apply to a matter arising under any provision of  this Chapter other than Article 18.2.1(a). 
Article 18.8 
 
Relationship To Environmental Agreements
 
 
 The Parties recognize the critical role of multilateral environmental agreements in addressing 
some environmental challenges, including through th e use of carefully tailored trade measures to 
achieve specific environmental goa ls and objectives. Recognizing that WTO Members have agreed in 
paragraph 31 of the Ministerial Declaration adopted  on 14 November 2001 in Doha to negotiations on 
the relationship between existing WTO rules and sp ecific trade obligations set out in multilateral 
environmental agreements, the Parties shall consul t on the extent to which the outcome of those 
negotiations applies to this Agreement. 
 
Article 18.9 
 
Principles Of Corporate Stewardship  
 
 Recognizing the substantial benefits brought by  international trade and investment as well as 
the opportunity for enterprises to implement policies for sustainable development that seek to ensure 
coherence between social, economic and environm ental objectives, each Party should encourage 
enterprises operating within its territory or subject to its jurisdiction to voluntarily incorporate sound 
principles of corporate stewardship in their internal  policies, such as those principles or agreements 
that have been endorsed by both Parties. 
 
Article 18.10 
 
Definitions  
 
 For purposes of this Chapter:  1. environmental laws  means any statutes or regulations of a Party, or provisions thereof, the 
primary purpose of which is the protection of the environment, or the prevention of a danger to 
human, animal, or plant life or health, through: 
(a) the prevention, abatement, or control of the release, discharge, or emission of 
pollutants or environmental contaminants; 
(b) the control of environmentally hazardous or toxic chemicals, substances, materials, 
and wastes, and the dissemination of information related thereto; or  WT/REG161/1 
 Page 159 
 
 
(c) the protection or conservation of wild fl ora or fauna, including endangered species, 
their habitat, and specially protected natural areas, 
in areas with respect to which a Party exercises sove reignty, sovereign rights, or jurisdiction, but does 
not include any statute or regulation, or provision ther eof, directly related to worker safety or health; 
and 
 
2. (a) for the United States, statutes or regulations  means an act of the U.S. Congress or 
regulations promulgated pursuant to an act of the U.S. Congress that is enforceable, in the first instance, by action of the federal government; and 
(b) for Singapore, statutes or regulations  means an Act of the Parliament of Singapore 
and any subsidiary legislation made ther eunder. Subsidiary legislation includes 
proclamations, rules, regulations, orders, no tifications, by-laws, or other instruments 
made under any Act or other lawful au thority and having legislative effect. 
 
CHAPTER 19: TRANSPARENCY 
 
Article 19.1 
 
Definitions
 
  For purposes of this Chapter: 
 
 Administrative ruling of general application  means an administrative ruling or 
interpretation that applies to all persons and fact situ ations that fall generally within its ambit and that 
establishes a norm of conduct but does not include:  
(a) a determination or ruling made in an administrative or quasi-judicial proceeding that 
applies to a particular person, good, or serv ice of the other Party in a specific case; or 
(b) a ruling that adjudicates with respect to a particular act or practice. 
Article 19.2 
 
Contact Points
 
 
1. Each Party shall designate a contact point or points to facilitate communications between the 
Parties on any matter covered by this Agreement. 
2. On the request of the other Party, the contact  points shall identify the office or official 
responsible for the matter and assist, as necessary, in facilitating communications with the requesting 
Party. 
Article 19.3 
 
Publication  
 1. Each Party shall ensure that its laws, regulati ons, procedures, and administrative rulings of 
general application respecting any matter covered by this Agreement are promptly published or 
otherwise made available in such a manner as to en able interested persons and the other Party to 
become acquainted with them. WT/REG161/1 
Page 160  
 
2. To the extent possible, each Party shall: 
(a) publish in advance any such laws, regulati ons, procedures, and administrative rulings 
that it proposes to adopt; and 
(b) provide interested persons and the other Party a reasonable opportunity to comment 
on such proposed measures. 
Article 19.4 
 
Notification And Provision Of Information
 
 1. To the maximum extent possible, each Party shall notify the other Party of any actual or 
proposed measure that the Party considers might mate rially affect the operation of this Agreement or 
otherwise substantially affect the other Party's interests under this Agreement. 
2. On request of the other Party, a Party sha ll promptly provide information and respond to 
questions pertaining to any actual or proposed meas ure, whether or not the other Party has been 
previously notified of that measure. 
3. Any notification, request, or information under this Article shall be provided to the other 
Party through the relevant contact points. 
4. Any notification or information provided under this Article shall be without prejudice as to 
whether the measure is consis tent with this Agreement. 
Article 19.5 
 
Administrative Proceedings
 
 1. With a view to administering in a consistent , impartial, and reasonable manner all measures 
referred to in Article 19.3, each Party shall ensure that in its administrative proceedings applying such 
measures to particular persons, goods, or services of the other Party in specific cases that: 
(a) wherever possible, persons of the other Party that are directly affected by a 
proceeding are provided reasonable notice, in accordance with domestic procedures, when a proceeding is initiated, including a d escription of the nature of the proceeding, 
a statement of the legal authority under which the proceeding is initiated, and a 
general description of any issues in controversy; 
(b) such persons are afforded a reasonable opportunity to present facts and arguments in 
support of their positions prior to any fina l administrative action, when time, the 
nature of the proceeding, and the public interest permit; and 
(c) its procedures are in accordance with domestic law. 
Article 19.6 
 
Review And Appeal
 
 1. Each Party shall establish or maintain judicial, quasi judicial, or administrative tribunals or 
procedures for the purpose of the prompt review  and, where warranted, correction of final  WT/REG161/1 
 Page 161 
 
 
administrative actions19-1 regarding matters covered by this Agreement. Such tribunals shall be 
impartial and independent of the office or author ity entrusted with administrative enforcement and 
shall not have any substantial interest in the outcome of the matter. 
2. Each Party shall ensure that, in any such tribuna ls or procedures, the parties to the proceeding 
are provided with the right to: 
(a) a reasonable opportunity to support or  defend their respective positions; and 
(b) a decision based on the evidence and submi ssions of record or, where required by 
domestic law, the record compiled by the administrative authority. 
3. Each Party shall ensure, subject to appeal or further review as provided in its domestic law, 
that such decision shall be implemented by, and sh all govern the practice of, the offices or authorities 
with respect to the administrative action at issue. 
 
CHAPTER 20: ADMINISTRATION AND DISPUTE SETTLEMENT 
 
Article 20.1 
 
Joint Committee  
 1. The Parties hereby establish a Joint Committee to supervise the implementation of this 
Agreement and to review the trade relationship between the Parties. 
(a) The Joint Committee shall be composed of government officials of each Party and 
shall be chaired by (i) the United States Trade Representative and (ii) Singapore's 
Minister for Trade and Industry or their designees. 
(b) The Joint Committee may establish and de legate responsibilities to ad hoc and 
standing committees or working groups, and seek the advice of non-governmental persons or groups. 
2. The Joint Committee shall: 
(a) review the general functioning of this Agreement; 
(b) review and consider specific matters relate d to the operation and implementation of 
this Agreement in the light of its obj ectives, such as those related to customs 
administration, technical barriers to trad e, electronic commerce, the environment, 
Labor, the Medical Products Working Group, and distilled spirits; 
(c) facilitate the avoidance and settlement of disputes arising under this Agreement, 
including through consultations pursuant to Articles 20.3 and 20.4; 
(d) consider and adopt any amendment to this  Agreement or other modification to the 
commitments therein, subject to completion of necessary domestic legal procedures by each Party; 
                                                     
 
19-1 For greater certainty, th e correction of final administrative ac tions includes a referral back to the 
body that took such action for corrective action. WT/REG161/1 
Page 162  
 
(e) as appropriate, issue interpretations of this Agreement, including as provided in 
Articles 15.21 (Governing Law) and 15.22 (Interpretation of Annexes); 
(f) consider ways to further enhance trade rela tions between the Parties and to further the 
objectives of this Agreement; and 
(g) take such other action as the Parties may agree. 
3. At its first meeting, the Joint Committee shall c onsider the review performed by each Party of 
the environmental effects of this Agreement and sh all provide the public an opportunity to provide 
views on those effects. 
4. The Joint Committee shall establish its own rules of procedure. 
5. Unless the Parties otherwise agree,  the Joint Committee shall convene: 
(a) in regular session every year in order to review the general functioning of the 
Agreement, with such sessions to be held alternately in the territory of each Party; 
and 
(b) in special session within 30 days of the re quest of a Party, with such sessions to be 
held in the territory of the other Party or  at such location as may be agreed by the 
Parties. A requirement under Article 20.4 that the Joint Committee take any action 
with regard to a dispute shall not be interp reted to require the convening of a special 
session of the Joint Committee. 
6. Recognizing the importance of transparency and openness, the Parties reaffirm their 
respective practices of considering the views of me mbers of the public in order to draw upon a broad 
range of perspectives in the impl ementation of this Agreement. 
7. Each Party shall treat any confidential informa tion exchanged in relation to a meeting of the 
Joint Committee on the same basis as th e Party providing the information. 
Article 20.2 
 
Administration Of Dispute Settlement Proceedings
 
 
1. Each Party shall: 
(a) designate an office that shall be responsib le for providing administrative assistance to 
panels established under Article 20.4; 
(b) be responsible for the operation and costs of its designated office; and 
(c) notify the other Party of the location of its office. 
2. The Joint Committee shall establish the amounts of remuneration and expenses to be paid to 
panellists. 
3. The remuneration of panellists and their assistan ts, their travel and lodging expenses, and all 
general expenses relating to proceedings of a pa nel established under Article 20.4 shall be borne 
equally by the Parties.  WT/REG161/1 
 Page 163 
 
 
4. Each panellist shall keep a record and render a final account of the panellist's time and 
expenses, and the panel shall keep a record a nd render a final account of all general expenses. 
Article 20.3 
 
Consultations  
 
1. Except as otherwise provided in this Agreement, either Party may request consultations with 
the other Party with respect to any matter that it considers might affect the operation of this 
Agreement by delivering written notification to the other Party's office designated under Article 
20.2.1(a). If a Party requests consultations with re gard to a matter, the other Party shall afford 
adequate opportunity for consultati ons and shall reply promptly to the request for consultations and 
enter into consultations in good faith. 
2. In consultations under this Article, a Party ma y request the other Party to make available 
personnel of its government agencies or other regul atory bodies who have expertise in the matter 
subject to consultations. 
3. In the consultations, each Party shall: 
(a) provide sufficient information to enable a full examination of how the matter subject 
to consultations might affect th e operation of this Agreement; and 
(b) treat any confidential information exchange d in the course of consultations on the 
same basis as the Party pr oviding the information. 
Article 20.4 
 
Additional Dispute Settlement Procedures  
 1. Except as otherwise provided in this Agreem ent or as the Parties otherwise agree, the 
provisions of this Article shall appl y wherever a Party considers that: 
(a) a measure of the other Party is inconsistent  with the obligations of this Agreement; 
(b) the other Party has otherwise failed to carry out its obligations under this Agreement; 
or 
(c) a benefit the Party could reasonably have expected to accrue to it under Chapters 2 
(National Treatment and Market Access for Goods), 3 (Rules of Origin), Chapter 8 
(Cross Border Trade in Services), or Chap ter 16 (Intellectual Property Rights) is 
being nullified or impaired as a result of a me asure that is not inconsistent with this 
Agreement. 
2. (a) The Parties shall first seek to resolve a dispute described in paragraph 1 through 
consultations under Article 20.3. If the consu ltations fail to resolve the dispute within 
60 days of the delivery of a Party's request  for consultations under Article 20.3.1, 
either Party may, by delivering written notification to the other Party's office 
designated under Article 20.2.1(a), refer th e matter to the Jo int Committee, which 
shall endeavour to resolve the dispute. 
(b) Subject to Article 20.3.3(b), promptly af ter requesting or receiving a request for 
consultations related to a matter identified in  paragraph 1, each Party shall solicit and WT/REG161/1 
Page 164  
 
consider the views of members of the public in order to draw upon a broad range of perspectives. 
3. (a) Where a dispute regarding any matter re ferred to in paragraph 1 arises under this 
Agreement and under the WTO Agreement, or any other agreement to which both 
Parties are party, the complaining Party ma y select the forum in which to settle the 
dispute. 
(b) The complaining Party shall notify the other Party in writing of its intention to bring a 
dispute to a particular forum before doing so. 
(c) Once the complaining Party has selected a pa rticular forum, the forum selected shall 
be used to the exclusion of other possible fora. 
(d) For the purposes of this paragraph, a Party shall be deemed to have selected a forum 
when it has requested the establishment of, or referred a matter to, a dispute 
settlement panel. 
4. (a) If the Joint Committee has not resolved a di spute within 60 days after delivery of the 
notification described in paragraph 2(a) or within such other period as the Parties may 
agree, the complaining Party may refer th e matter to a dispute settlement panel by 
delivering written notification to the othe r Party's office designated under Article 
20.2.1 (a) .
20-1 Unless the Parties otherwise agree: 
(i) The panel shall have three members. 
(ii) Each Party shall appoint one panellist, in consultation with the other Party, 
within 30 days after the matter has been referred to a panel. If a Party fails to 
appoint a panellist within such period, a panellist shall be selected by lot from 
the contingent list established under subparagraph (b) to serve as the panellist appointed by that Party. 
(iii) The Parties shall endeavour to agree on  a third panellist who shall serve as 
chair. 
(iv) If the Parties are unable to agree on the chair of the Panel within 30 days after 
the date on which the second panellist has been appointed, the chair shall be 
selected by lot from the contingent list established under subparagraph (b). 
(v) The date of establishment of the panel shall be the date on which the chair is 
appointed. 
(b) (i) By the date of entry into force of th is Agreement, the Parties shall establish a 
contingent list of five individuals who are willing and able to serve as a 
panellist or chair. 
(ii) Each such individual shall have experti se or experience in law, international 
trade, or the resolution of disputes arising under international trade agreements; shall be independent of, and not be affiliated with or take 
instructions from, any Party; and shall comply with the code of conduct to be 
established by the Joint Committee. 
                                                     
 
20-1 This paragraph is subject to th e letter referred to in Article 15. 26(c) (Status of Letter Exchanges).  WT/REG161/1 
 Page 165 
 
 
(iii) Individuals on the contingent list shall be appointed by agreement of the 
Parties for terms of three years, and may be reappointed. 
(c) Panellists other than those chosen by lo t from the contingent list shall meet the 
criteria set out in subparagraph (b)(ii) and ha ve expertise or experience relevant to the 
subject matter that is under dispute. 
(d) The Parties shall establish by the date of entry into force of this Agreement model 
rules of procedure, which shall ensure: 
(i) a right to at least one hearing before th e panel, which, subject to clause (vi), 
shall be open to the public; 
(ii) an opportunity for each Party to provi de initial and rebuttal submissions; 
(iii) that each Party's written submissions, writte n versions of its oral statement, 
and written responses to a request or qu estions from the panel will be made 
public within ten days after they are submitted, subject to clause (vi); 
(iv) that the panel shall consider request s from non-governmental entities in the 
Parties' territories to provide written views regarding the dispute that may 
assist the panel in evaluating the submissions and arguments of the Parties; 
(v) a reasonable opportunity for each Party to submit comments on the initial 
report presented pursuant to paragraph 5(a); and 
(vi) the protection of confidential information. 
Unless the Parties agree otherwise, the panel shall follow the model rules of 
procedure and may, after consulting the Par ties, adopt additional rules of procedure 
not inconsistent with the model rules. 
 
5. (a) Unless the Parties agree otherwise, the pane l shall, within 150 days after the chair is 
appointed, present to the Parties an initial report containing findings of fact and its determination as to whether: 
(i) the measure at issue is inconsistent w ith the obligations of this Agreement; 
(ii) a Party has otherwise failed to carry ou t its obligations under this Agreement; 
or 
(iii) the measure at issue causes a nullifi cation or impairment described in 
subparagraph 1(c); as well as any other determination requested by both Parties with regard to the dispute. 
(b) The panel shall base its report on the submis sions and arguments of the Parties. The 
panel may, at the request of the Parties, make recommendations for the resolution of the dispute. 
(c) After considering any written comments by the Parties on the initial report, the panel 
may modify its report and make any furt her examination it considers appropriate. 
(d) The panel shall present a final report to the Parties within 45 days of presentation of 
the initial report, unless the Parties agree othe rwise. The Parties shall release the final WT/REG161/1 
Page 166  
 
report to the public within 15 days thereafter,  subject to the protection of confidential 
information. 
Article 20.5 
 
Implementation Of The Final Report
 
 
1. On receipt of the final report of a panel, th e Parties shall agree on the resolution of the 
dispute, which normally shall conform with the dete rminations and recommendations, if any, of the 
panel. 
2. If, in its final report, the panel determines that  a Party has not conformed with its obligations 
under this Agreement or that a Party's measure is causing nullification or impairment in the sense of 
Article 20.4.1(c), the resolution, whenever possible, shall be to eliminate the non-conformity or the 
nullification or impairment. 
Article 20.6 
 
Non-Implementation  
 1. If a panel has made a determination of the type described in Article 20.5.2, and the Parties are 
unable to reach agreement on a resolution pursuant to  Article 20.5.1 within 45 days of receiving the 
final report, or such other period as the Parties agr ee, the Party complained against shall enter into 
negotiations with the other Party with a view to developing mutually acceptable compensation. 
2. If the Parties: 
(a) are unable to agree on compensation within 30 days after the period for developing 
such compensation has begun; or 
(b) have agreed on compensation or on a resolution pursuant to Article 20.5.1 and the 
complaining Party considers that the other Party has failed to observe the terms of 
such agreement, 
the complaining Party may at any time thereafter pr ovide written notice to the office designated by the 
other Party pursuant to Article 20.2.1 (a) that it inte nds to suspend the application to the other Party of 
benefits of equivalent effect. The notice shall spec ify the level of benefits that the Party proposes to 
suspend. Subject to paragraph 5, the complaining Party may begin suspending benefits 30 days after 
the later of the date on which it provides notice to  the other Party's designated office under this 
paragraph or the panel issues its determina tion under paragraph 3, as the case may be. 
 3. If the Party complained against considers that: 
(a) the level of benefits that the other Party has proposed to be suspended is manifestly 
excessive; or 
(b) it has eliminated the non-conformity or the nullification or impairment that the panel 
has found, 
it may, within 30 days after the complaining Part y provides notice under paragraph 2, request that the 
panel be reconvened to consider the matter. The Part y complained against shall deliver its request in 
writing to the office designated by the other Party pursuant to Article 20.2.1(a). The panel shall reconvene as soon as possible after delivery of the re quest to the designated office and shall present its 
determination to the Parties within 90 days afte r it reconvenes to review a request under subparagraph  WT/REG161/1 
 Page 167 
 
 
(a) or (b), or within 120 days for a request under subparagraphs (a) and (b).  If the panel determines 
that the level of benefits proposed to be suspende d is manifestly excessive, it shall determine the level 
of benefits it considers to be of equivalent effect. 
 4. The complaining Party may suspend benefits up to the level the panel has determined under 
paragraph 3 or, if the panel has not determined the level, the level the Party has proposed to suspend 
under paragraph 2, unless the panel ha s determined that the Party comp lained against has eliminated 
the non-conformity or the nullification or impairment. 
5. The complaining Party may not suspend benefits  if, within 30 days after it provides written 
notice of intent to suspend benefits or, if the pa nel is reconvened under para graph 3, within 20 days 
after the panel provides its determination, the Part y complained against provides written notice to the 
other Party's office designated pursuant to Article  20.2.1 (a) that it will pay an annual monetary 
assessment. The Parties shall consult, beginning no later than ten days after the Party complained 
against provides notice, with a view to reachi ng agreement on the amount of the assessment. If the 
Parties are unable to reach an agreement within 30 days after consultations begin, the amount of the 
assessment shall be set at a level, in U.S. dollars, equal to 50 percent of the level of the benefits the 
panel has determined under paragraph 3 to be of equivalent effect or, if the panel has not determined 
the level, 50 percent of the level that the comp laining Party has proposed to suspend under    
paragraph 2. 
6. Unless the Joint Committee otherwise decides, a monetary assessment shall be paid to the 
complaining Party in U.S. currency, or in an e quivalent amount of Singapor ean currency, in equal, 
quarterly instalments beginning 60 days after the Pa rty complained against gives notice that it intends 
to pay an assessment. Where the circumstances wa rrant, the Joint Committee may decide that an 
assessment shall be paid into a fund established by  the Joint Committee and expended at the direction 
of the Joint Committee for appropriate initiatives to f acilitate trade between the Parties, including by 
further reducing unreasonable trade barriers or by assisting a Party in carrying out its obligations 
under the Agreement. 
7. If the Party complained against fails to pay a monetary assessment, the complaining Party 
may suspend the application to the Party complain ed against of benefits in accordance with   
paragraph 4. 
8. This Article shall not apply with respect to a matter described in Article 20.7.1. 
Article 20.7 
 
Non-Implementation In Certain Disputes
 
 1. If, in its final report, a panel determines that  a Party has not conformed with its obligations 
under Article 17.2.1 (a) (Application and Enforc ement of Labor Laws) or Article 18.2.1 (a) 
(Application and Enforcement of Envi ronmental Laws), and the Parties: 
(a) are unable to reach agreement on a resoluti on pursuant to Article 20.5.1 within 45 
days of receiving the final report; or 
(b) have agreed on a resolution pursuant to Article 20.5.1 and the complaining Party 
considers that the other Party has failed to observe the terms of the agreement, 
the complaining Party may at any time thereafter request that the panel be reconvened to impose an 
annual monetary assessment on the other Party. The complaining Party shall deliver its request in 
writing to the office designated by the other Party pursuant to Article 20.2.1(a). The panel shall reconvene as soon as possible after delivery of the request to the designated office. WT/REG161/1 
Page 168  
 
 2. The panel shall determine the amount of the m onetary assessment in U.S. dollars within 90 
days after it reconvenes under paragraph 1. In de termining the amount of the assessment, the panel 
shall take into account: 
(a) the bilateral trade effects of the Party's failu re to effectively enforce the relevant law; 
(b) the pervasiveness and duration of the Party's fa ilure to effectively enforce the relevant 
law; 
(c) the reasons for the Party's failure to effectively enforce the relevant law; 
(d) the level of enforcement that could reasona bly be expected of the Party given its 
resource constraints; 
(e) the efforts made by the Party to begin remedying the non-enforcement after the final 
report of the panel; and 
(f) any other relevant factors. 
The amount of the assessment shall not exceed 15 milli on U.S. dollars annually, adjusted for inflation 
as specified in Annex 20A. 
 
3. On the date on which the panel determines the amount of the monetary assessment under 
paragraph 2, or at any other time thereafter, the complaining Party may provide notice in writing to 
the office designated by the other Party pursuant to Article 20.2.1 (a) demanding payment of the monetary assessment. The monetary assessment shall be payable in U.S. currency, or in an equivalent amount of Singaporean currency, in equal, quarterly instalments beginning on the later of: 
(a) 60 days after the date on which the panel determines the amount; or 
(b) 60 days after the complaining Party provides the notice described in this paragraph. 
4. Assessments shall be paid into a fund est ablished by the Joint Committee and shall be 
expended at the direction of the Joint Committee fo r appropriate Labor or environmental initiatives, 
including efforts to improve or enhance Labor or environmental law enforcement, as the case may be, 
in the territory of the Party complained against, c onsistent with its law. In deciding how to expend 
monies paid into the fund, the Jo int Committee shall consider the view s of interested persons in the 
Parties' territories. 
5. If the Party complained against fails to pa y a monetary assessment, and if the Party has 
created and funded an escrow account to ensure paymen t of any assessments against it, the other Party 
shall, before having recourse to any other meas ure, seek to obtain the funds from the account. 
6. If the complaining Party cannot obtain the funds from the other Party's escrow account within 
30 days of the date on which payment is due, or if  the other Party has not created an escrow account, 
the complaining Party may take ot her appropriate steps to collect the assessment or otherwise secure 
compliance. These steps may include suspending tari ff benefits under the Agreement as necessary to 
collect the assessment, while bearing in mind the Agreement's objective of eliminating barriers to 
bilateral trade and while seeking to avoid unduly affec ting parties or interests not party to the dispute.  WT/REG161/1 
 Page 169 
 
 
Article 20.8 
 
Compliance Review  
 1. Without prejudice to the procedures set out in Article 20.6.3, if the Party complained against 
considers that it has eliminated the non-conformity or the nullification or impairment that the panel 
has found, it may refer the matter to the panel by  providing written notice to the office designated by 
the other Party pursuant to Article 20.2.1(a). The panel shall issue its report on the matter within 90 
days after the Party complained against provides notice. 
2. If the panel decides that the Party complained against has eliminated the non-conformity or 
the nullification or impairment, the complaining Pa rty shall promptly reinstate any benefits it has 
suspended under Article 20.6 or 20.7 and the Party complained against shall no longer be required to 
pay any monetary assessment it has agreed to pay un der Article 20.6.5 or that has been imposed on it 
under Article 20.7. 
Article 20.9 
 
Five-Year Review
 
  The Joint Committee shall review the operati on and effectiveness of Articles 20.6 and 20.7 
not later than five years after the date of entry into force of this Agreement, or within six months after 
benefits have been suspended or monetary assess ments have been imposed in five proceedings 
initiated under this Chapter, whichever occurs first. 
 
Article 20.10 
 
Private Rights
 
 
 Neither Party may provide for a right of acti on under its domestic law against the other Party 
on the ground that a measure of the other Part y is inconsistent with this Agreement. 
  
ANNEX 20A 
 
Inflation Adjustment Formula For Monetary Assessments
 
 1. An annual monetary assessment imposed before  December 31, 2004 shall not exceed 15 
million U.S. dollars. 
2. Beginning January 1, 2005, the 15 million U.S.  dollar annual cap shall be adjusted for 
inflation in accordance with paragraphs 3 through 5. 
3. The period used for the accumulated inflation adjustment shall be calendar year 2003 through 
the most recent calendar year preceding the one in which the assessment is owed. 
4. The relevant inflation rate shall be the U.S. inflation rate as measured by the Producer Price 
Index for Finished Goods published by the U.S. Bureau of Labor Statistics. 
5. The inflation adjustment shall be estimat ed according to the following formula: 
 $15 million x (1+
∏1) = A 
 WT/REG161/1 
Page 170  
 
∏1 = accumulated U.S. inflation rate from cal endar year 2003 through the most recent 
calendar year preceding the one in which the assessment is owed. 
  A =  cap for the assessment for the year in question.  
 
CHAPTER 21: GENERAL AND FINAL PROVISIONS 
 
Article 21.1 
 
General Exceptions
 
 1. For purposes of Chapters 2 through 6 (Nati onal Treatment and Market Access for Goods, 
Rules of Origin, Customs Procedures, Textiles, Technical Barriers to Trade), GATT 1994 Article XX 
and its interpretive notes are incorporated in to and made part of this Agreement, mutatis mutandis . 
The Parties understand that the measures referr ed to in GATT 1994 Article XX(b) include 
environmental measures necessary to protect human, animal, or plant life or health, and that GATT 1994 Article XX(g) applies to measures relating to the conservation of living and non-living 
exhaustible natural resources. 
2. For purposes of Chapters 8, 9, and 14 (Cross Bo rder Trade in Services, Telecommunications, 
and Electronic Commerce
21-1), GATS Article XIV (including its f ootnotes) is incorporated into and 
made part of this Agreement, mutatis mutandis .21-2 The Parties understand that the measures referred 
to in GATS Article XIV(b) include environmental measures necessary to protect human, animal, or plant life or health. 
Article 21.2 
 
Essential Security
 
  Nothing in this Agreem ent shall be construed: 
 
(a) to require a Party to furnish or allow access to any information the disclosure of 
which it determines to be contrary to its essential security interests; or 
(b) to preclude a Party from applying measure s that it considers necessary for the 
fulfilment of its obligations with respect  to the maintenance or restoration of 
international peace or security, or the prot ection of its own essential security interests. 
 
Article 21.3 
 
Taxation
 
 1. Except as set out in this Article, nothing in th is Agreement shall apply to taxation measures. 
2. Nothing in this Agreement shall affect the right s and obligations of either Party under any tax 
convention. In the event of any inconsistency betw een this Agreement and any such convention, that 
convention shall prevail to the extent of the incons istency. In the case of a tax convention between the 
                                                     
 
21-1 This is without prejudice to the classification of digital products as a good or a service. 
21-2 If GATS Article XIV is amended, this Article sha ll be amended, as appropriate, after consultations 
between the Parties.  WT/REG161/1 
 Page 171 
 
 
Parties, the competent authorities under that convent ion shall have sole responsibility for determining 
whether any inconsistency exists between  this Agreement and that convention. 
3. Notwithstanding paragraph 2: 
(a) Article 2.1 (National Treatment) and such ot her provisions of this Agreement as are 
necessary to give effect to that Article sh all apply to taxation measures to the same 
extent as does GATT 1994 Article III; and 
(b) Article 2.4 (Export Tax) shall apply to taxation measures. 
4. Subject to paragraph 2: 
(a) Article 8.3 (National Treatment) and Article  10.2 (National Treatment) shall apply to 
taxation measures on income, capital gains or  on the taxable capital of corporations 
that relate to the purchase or consumption of  particular services, except that nothing 
in this subparagraph shall prevent a Party from conditioning the receipt or continued receipt of an advantage relating to the purc hase or consumption of particular services 
on requirements to provide the service in its territory, and 
(b) Article 15.4 (National and Most-Favoured-N ation Treatment), Articles 8.4 (National 
Treatment) and 8.4 (Most-Favoured-Nation Treatment) and Articles 10.2 (National 
Treatment) and 10.3 (Most-Favoured-Nation Treatment) shall apply to all taxation 
measures, other than those on income, capital gains, or on the taxable capital of corporations, taxes on estates, inheritances, gifts and generation-skipping transfers, 
except that nothing in those Articles shall apply: 
 
(c) to any most-favoured-nation obligation with respect to an advantage accorded by a 
Party pursuant to a tax convention; 
(d) to a non-conforming provision of any existing taxation measure; 
(e) to the continuation or prompt renewal of  a non-conforming provision of any existing 
taxation measure; 
(f) to an amendment to a non-conforming provi sion of any existing taxation measure to 
the extent that the amendment does not d ecrease its conformity, at the time of the 
amendment, with any of those Articles; 
(g) to the adoption or enforcement of any taxation measure aimed at ensuring the 
equitable or effective imposition or collec tion of taxes (as permitted by GATS Article 
XIV(d)); or 
(h) to a provision that conditions the receipt,  or continued receipt of an advantage 
relating to the contributions to, or inco me of, a pension trust, fund, or other 
arrangement to provide pension or similar benefits on a requirement that the Party 
maintain continuous jurisdiction over such  trust, fund, or other arrangement. 
5. Subject to paragraph 2 and without prejudice to the rights and obligations of the Parties under 
paragraph 3, paragraphs 2, 3, and 4 of Article 15.8 (Performan ce Requirements) shall apply to 
taxation measures. WT/REG161/1 
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6. Article 15.15 (Submission of a Claim to Arbitrati on) shall apply to a taxation measure alleged 
to be a breach of an investment agreement or  an investment authorization. Articles 15.6 
(Expropriation) and 15.15 sha ll apply to a taxation measure alleged to be an expropriation. However, 
no investor may invoke Article 15.6 as the basis for a claim where it has been determined pursuant to 
this paragraph that the measure is not an expropria tion. An investor that seeks to invoke Article 15.6 
with respect to a taxation measure must first refer to the competent authorities described in paragraph 
7, at the time that it gives notice under Article 15. 15.2, the issue of whether that taxation measure 
involves an expropriation. If the competent authoritie s do not agree to consider the issue or, having 
agreed to consider it, fail to agree that the measure is not an expropriation within a period of six 
months of such referral, the investor may subm it its claim to arbitrati on under Article 15.15.4. 
7. For purposes of this Article, 
(a) competent authorities  means 
(i) in the case of Singapore, Director (Taxation), Ministry of Finance; and 
(ii) in the case of the United States, the As sistant Secretary of the Treasury (Tax 
Policy), Department of the Treasury; and 
(b) investment agreement and investment authorization  have the meanings ascribed 
to them in Chapter 15 (Investment). 
Article 21.4 
 
Disclosure Of Information
 
 
 Nothing in this Agreement sha ll be construed to require a Part y to furnish or allow access to 
confidential information, the disclosure of which would impede law enforcem ent, or otherwise be 
contrary to the public interest, or which woul d prejudice the legitimate commercial interests of 
particular enterprises, public or private.  
Article 21.5 
 
Anti-Corruption
 
 1. Each Party reaffirms its firm existing comm itment to the adoption, maintenance, and 
enforcement of effective measures, including deterre nt penalties, against bribery and corruption in 
international business transactions. The Parties furt her commit to undertake best efforts to associate 
themselves with appropriate international anti-co rruption instruments and to encourage and support 
appropriate anti-corruption initiatives and ac tivities in relevant international fora. 
2. The Parties shall cooperate to strive to e liminate bribery and corruption and to promote 
transparency in international trade. They will look fo r avenues in relevant inte rnational fora to address 
these issues and build upon the potential anti-corruption efforts in these fora. 
Article 21.6 
 
Accession
 
 1. Any country or group of countries may accede to this Agreement subject to such terms and 
conditions as may be agreed between such country or countries and the Parties and following approval 
in accordance with the applicable  legal procedures of each country.  WT/REG161/1 
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2. This Agreement shall not apply as between an y Party and any acceding country or group of 
countries if, at the time of the accession, e ither does not consent to such accession. 
Article 21.7 
 
Annexes  
 
 The Annexes to this Agreement constitute an integral part of this Agreement. 
 
Article 21.8 
 
Amendments  
  This Agreement may be amended by agreement in writing by the Parties and such amendment 
shall enter into force after the Parties have exch anged written notification certifying that they have 
completed necessary internal legal procedures and on such date or dates as may be agreed between 
them. 
Article 21.9 
 
Entry Into Force And Termination
 
 1. This Agreement shall come into force 60 days after the date when the Parties have exchanged 
written notification that their respective internal requirements for the entry into force of this 
Agreement have been fulfilled, or such  other date as the Parties may agree. 
2. Either Party may terminate this Agreement by wr itten notification to the other Party, and such 
termination shall take effect six months  after the date of the notification. 
3. Within 30 days of delivery of a notification under paragraph 2, either Party may request 
consultations regarding whether the termination of any provision of th is Agreement should take effect 
at a later date than provided under paragraph 2. Such consultations shall commence within 30 days of 
a Party's delivery of such request. 
 
 IN WITNESS WHEREOF , the undersigned, being duly authorized by their respective 
Governments, have si gned this Agreement. 
 
 DONE at Washington, in duplicate, this sixth day of May, 2003. 
  
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE 
UNITED STATES OF AMERICA REPUBLIC OF SINGAPORE 
  
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