RESTRICTED  
  
S/C/W/444  
 
12 June 2023  
(23-3984) Page: 1/3 
Council for Trade in Services  Original: English  
 
COMMUNICATION FROM SINGAPORE   
REVIEW OF ARTICLE II (MFN) EXEMPTIONS  
Written answers by Singapore to the questions from Australia; Hong Kong, China ; 
and the Republic of Korea  and (S/C/W/ 431) 
The following communication dated 10 June 2023, from the delegation of Singapore  is being 
circulated to the Members of the Council for Trade in Services.  
 
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1  QUESTION 1 (BY HONG KONG TO ALL , S/C/W/431 , PAGE  2),  
For all MFN exemptions that Singapore has taken:  
Please indicate whether the exemption has been used for any actual measure since the previous 
review in 2016/17, and if so provide information on the use.  If the exemption has not been used, 
please explain why the conditions which created the need for the  exemption still prevail, and describe 
whether any action has been taken or is being contemplated to eliminate such exemption.  Please 
explain why if not.  
Answer from Singapore  
The exemption reflects current policy (eg.  preference for traditional sources of supply, IGA partners, 
bilateral partners in maritime services).  
2  QUESTION 26 FROM HONG KONG; FIRST PART  (S/C/W/431 , PAGE  5) 
It is noted that Singapore will periodically review exemptions these in the light of international 
developments as indicated in the column of "intended duration".  Would Singapore please provide 
information about the latest reviews for these exemp tions, including the timing and the outcome of 
the reviews?  
Answer from Singapore  
These exemptions are still in place and are continuously applied in our relationship with our trading 
partners.  
3  QUESTION 26 FROM HONG KONG; SECOND PART  (S/C/W/431 , PAGE  5) 
For [the Investment guarantee exemption], is the concern already covered by GATS Article V 
exception?  S/C/W/444  
 
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  Answer from Singapore  
Investment Guarantee Agreement s (“IGA”, also commonly called “bilateral investment treaty” or for 
multilateral treaties - “international investment agreement”) sets out standards of protection for 
investments made in one Party by investors of the other Party.  The exception in GATS Arti cle V 
applies to agreements liberalizing trade in services which have substantial sectoral coverage and 
provides for the absence or elimination of substantially all discrimination in the sectors covered. 
IGAs may not meet the criteria spelt out in GATS Art icle V.   
4  QUESTION 27 FROM REPUBLIC OF KOREA  (S/C/W/431 , PAGE  5) 
Regarding the MFN exemption measure, "Preference for workers from traditional sources of  supply", 
please confirm if the exemption measure pertains to measures affecting natural persons seeking 
access to the employment market, which are carved out by paragraph 2 of Annex on Movement of 
Natural Persons Supplying Services under the Agreement, ir respective of the period of stay.  
Answer from Singapore  
This MFN exemption applies also to the movement of natural persons supplying services under the 
GATS, and not solely to natural persons seeking access to the employment market.  
5  QUESTION 44 FROM AUSTRA LIA (S/C/W/431 , PAGE  7) 
Do the conditions that created the need for the MFN exemption still prevail? Could the Member 
please provide an update as to whet her it is considering removal of the MFN exemptions?  
Answer from Singapore  
Yes, this MFN exemption is still necessary. Singapore has made commitments in legal services in a 
few of our bilateral FTAs. The establishment of foreign law practices in Singapore continues to be 
based on case -by-case approval.  
6  QUESTION 117 FROM HONG KONG  (S/C/W/431 , PAGE  14) 
This exemption was removed in the revised offer for the Doha round negotiation.  In this regard, 
please advise whether the conditions which created the need for the exemption still prevail.  
Answer from Singapore  
Singapore continues to maintain an MFN exemption as ASEAN cooperation, including in reinsurance,  
remains an interest.  
7  QUESTION 144 FROM HONG KONG  (S/C/W/431 , PAGE  17) 
In the last review, Singapore indicated that it had continued to maintain bilater al shipping 
agreements with the Republic of Korea, China, Vietnam, India, Myanmar and Germany.  Could 
Singapore provide an update of any new bilateral shipping agreements since the last review? On the 
column of "the intended duration" which is currently li sted as indefinite, we note that Singapore has 
indicated to review periodically in light of international developments.  Would Singapore please 
update if any review has been conducted and if so, the outcome of the review?   S/C/W/444  
 
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  Answer from Singapore  
Singapore maintains an MFN exemption in maritime transport services relating to certain maritime 
auxiliary services such as storage, warehousing, freight forwarding, inland trucking, container 
station and depot services in light of unsatisfactory access fo r Singaporean companies in those 
sectors in some countries. Singapore has not signed other bilateral shipping agreements since the 
last review.  
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