WORLD TRADE  
ORGANIZATION  WT/REG229/1  
9 May 2008 
 (08-2223) 
Committee on Regional Trade Agreements  
  
 
    
 
 
FACTUAL PRESENTATION 
 
Trans-Pacific Strategic Economic Partnership 
Agreement between Brunei Darussalam, 
Chile, New Zealand and Singapore 
(Goods and Services) 
 
Report by the Secretariat 
 
 
 
 
This report, prepared for the consideration of the Trans-Pacific Strategic Economic 
Partnership Agreement between Brunei Darussalam, Chile, New Zealand and 
Singapore has been drawn up by the WTO Secretariat on its own responsibility and in full consultation with the Parties.  The report has been drawn up in accordance 
with the rules and procedures contained in the Decision for a Transparency Mechanism for Regional Trade Agreements (WT/L/671).  
 
Any technical questions arising from this report may be addressed to 
Roberto Fiorentino (tel: +41 22 739 5595) and Martin Roy (tel: +41 22 739 6105).  WT/REG229/1 
 Page iii 
 
 
  TABLE OF CONTENTS 
 
  Page 
 
I. TRADE ENVIRONMENT 1  
A. MERCHANDISE TRADE  1 
B. TRADE IN SERVICES AND INVESTMENT  12 
II. CHARACTERISTIC ELEMENTS OF THE AGREEMENT 21  
A. B ACKGROUND INFORMATION  21 
III. NATIONAL TREATMENT AND MARKET ACCE SS PROVISIONS ON TRADE IN 
GOODS 23 
1. Import duties and charges, and quantitative restrictions 23  
(a) General provisions 23 
(b) Liberalization of tariff lines and trade 24 
(c) Brunei's liberalization schedule 26 
(d) Chile's liberalization schedule 28 (e) New Zealand's liberalization schedule 30 
(f) Singapore's liberalization schedule 32 
2. Rules of origin 32  
3. Export duties and charges, and quantitative restrictions 34  
A. R
EGULATORY PROVISIONS ON TRADE IN GOODS  34 
1. Standards 34  
(a) Technical barriers to trade 34 
(b) Sanitary and phytosanitary measures 35 
2. Safeguard mechanisms 36  
(a) Global Safeguard Measures 36 
(b) Special Agricultural Safeguard Measures 36 
(c) Measures to Safeguard the Balance of Payments 37 
3. Anti-dumping and coun tervailing measures 37  
4. Subsidies and State-aid 37  
5. Customs-related procedures 37  
6. Sector-specific provisions on trade in goods 38  
IV. TRADE IN SERVICES 38  
1. Scope and definitions 38  
2. Denial of benefits 40  
3. General provisions on trade in services 40  
(a) Market access 40 
(b) National treatment 40 
(c) Most Favoured Nation (MFN) treatment 40 (d) Local presence 40 
(e) Non-conforming measures 41 
4. Liberalization commitments 41  
(a) Chile 41 
(b) New Zealand 44 
(c) Singapore 47 
5. Regulatory provisions on trade in services 50  
(a) Domestic regulation 50 
(b) Professional qualifications and registration 50 
(c) Transparency 51 
(d) Temporary entry 51 (e) Payments and transfers 51  
 WT/REG229/1 
Page iv  
 
  V. GENERAL PROVISIONS OF THE AGREEMENT 52  
1. Exceptions 52  
2. Accession 52  
3. Institutional framework 52  
4. Dispute settlement 53  
5. Relationship with other agreements concluded by the Parties 54  
6. Other provisions 56  
(a) Competition policy 56 
(b) Intellectual property 56 
(c) Government procurement 57 (d) Labour 58 
(e) Environment 59 
(f) Strategic Partnership 59 
ANNEX I 61 
ANNEX II 69 
 
  
  WT/REG229/1 
 Page 1 
 
 
  TRANS-PACIFIC STRATEGIC ECONOMIC PARTNERSHIP AGREEMENT BETWEEN 
BRUNEI DARUSSALAM, CHILE, NEW ZEALAND AND SINGAPORE 
(GOODS AND SERVICES) 
 
Factual Presentation by the Secretariat  
 
 
I. TRADE ENVIRONMENT 
1. The Trans-Pacific Strategic Economic Part nership (TPSEP) Agreement (hereafter "the 
Agreement") between Brunei Darussalam, Chile, Ne w Zealand and Singapore is unique in that it is 
the first FTA notified to the WTO that links th rough a plurilateral agreement four economies from 
three different continents.  All the Parties ar e members of the Asia-Pacific Economic Cooperation 
(APEC) Forum and as indicated in its initial provis ions, the Agreement seeks to support the wider 
liberalization process in APEC consistent with its goals of free and open trade and investment 
(Article 1.1:3).  
A. MERCHANDISE TRADE  
2. The Parties' rankings in world merchandise tr ade as well as their trade to GDP ratios vary 
considerably as shown in Table I.1.  Singapore is by far the largest economy of the four in terms of 
overall merchandise trade and ranking in worl d trade, while Brunei is the smallest. 
Table I.1 
Merchandise trade - 2005 Rank in world trade - 2005 Parties to Trans-
Pacific SEP Exports 
US$ billion % world 
exports Imports 
US$ billion % world 
imports Exports Imports Trade to GDP 
ratio – 2003-05 
Brunei 6.2 0.06 1.5 0.01 83 141 ... 
Chile 40.6 0.4 32.6 0.3 45 47 71.7 
New Zealand 21.7 0.2 26.2 0.2 57 49 58 
Singapore 229.6 2.2 200 1.8 14 15 431.8 
Source:  WTO trade statistics 
3. Developments in recent years in global and intra trade between the Parties are shown in 
Charts I.1 to I.8. 
4. Charts I.1 and I.2 show Brunei's trade with the world and with the TPSEP Parties.  For the 
period surveyed (1998-2006)1 Brunei's figures show a consistent and prolonged trade surplus on a 
global basis and with New Zealand; and a trade de ficit with Singapore (except in 2001) and Chile.2  
Brunei's total imports from and exports to other TPSEP Parties in 2006 amounted to US$299 million 
and US$417 million, respectively, representing 17.9% of its total imports and 5.5% of its total 
exports. 
5. Charts I.3 and I.4 show Chile's trade with th e world and with other TPSEP Parties.  For the 
period 1998-2006 Chile has had a consistent trade surp lus on a global basis (except in 1998 and 1999) 
                                                      
1 In the case of exports the period surveyed is 2001-2006 since export data for Brunei was not available 
for the years 1998-2000. 
2 Available trade data between Brunei and Chile contain minor discrepancies probably due to the very 
low bilateral trade recorded over the period 1998-2006 is very low.  On the import side, import data furnished 
by Brunei show imports from Chile for the years 2001 to 2006 while Chile's export data from UNSD Comtrade 
show exports to Brunei only for the years 1998 and 2003.  As for exports, export data furnished by Brunei show no exports to Chile over the years surveyed, while Chile's WTO-IDB submi ssions indicate imports from Brunei 
for a total of US$28,378 for the years 2001 to 2003. WT/REG229/1 
Page 2  
 
  and with Singapore;  a consistent trade deficit with  New Zealand (except in 2003) and almost no trade 
with Brunei except in 1998 and the period 2001 to 2003 .  Chile's total imports from and exports to the 
other TPSEP Parties in 2006 amounted to US$71 mill ion and US$77 million respectively representing 
0.2% of its total imports a nd 0.1% of its total exports. 
6. Charts I.5 and I.6 show New Zealand's trade w ith the world and with other TPSEP Parties.  
For the period 1998-2006 New Zealand's figures show a consistent trade deficit on a global basis 
(except in 1998 and 2001), with Singapore and with Brunei;  and a trade surplus with Chile (except in 
2003).  New Zealand's total imports from and exports  to the other TPSEP Parties in 2006 amounted to 
US$1.5 billion and US$452 million, respectively, repr esenting 5.7% of its total imports and 2% of its 
total exports. 
7. Charts I.7 and I.8 show Singapore's trade with the world and with other TPSEP Parties.  For 
the period 1998-2006 Singapore's figures show a co nsistent and prolonged trade surplus on a global 
basis, with Brunei and with New Zealand;  and a cons istent trade deficit with Chile (except in 2001).  
Singapore's total imports from a nd exports to the TPSEP Parties in 2006 amounted to US$731 million 
and US$2 billion, respectively, representing 0.3% of it s total imports and 0.7% of its total exports. 
0.000.300.600.901.201.501.802.102.40
1998 1999 2000 2001 2002 2003 2004 2005 20060100200300400500600700800US$billion US$millionChart I.1 - Brunei: Merchandise Imports from world and Singapore, New 
Zealand and Chile, 1998-2006
Imports from Singapore
Imports from New ZealandTotal importsLeft hand scale: Right hand scale:
Imports from Chile
Source:  WTO-IDB and Brunei.
 
 
  WT/REG229/1 
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  012345678
2001 2002 2003 2004 2005 20060100200300400500600700800US$millionChart I.2 - Brunei: Merchandise exports to world and Singapore, 
New Zealand and Chile, 2001-2006
US$billion
Source: UNSD, Comtrade database and Brunei.Note:     Trade export data not available for years 1998 to 2000 and no reported trade export data with Chile.Exports to Singapore
Exports to New ZealandTotal exportsLeft hand scale: Right hand scale:
Exports to Chile
 
 
04812162024283236
1998 1999 2000 2001 2002 2003 2004 2005 2006020406080100120140160180US$billion US$millionChart I.3 - Chile: Merchandise Imports from world and Singapore, 
New Zealand and Brunei, 1998-2006
Imports from Singapore
Imports from New ZealandTotal importsLeft hand scale: Right hand scale:
Imports from Brunei 
Source: UNSD, Comtrade database and Chile.
 
 
 
 
 WT/REG229/1 
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  051015202530354045505560
1998 1999 2000 2001 2002 2003 2004 2005 20060102030405060708090100110120US$billion US$millionChart I.4 - Chile: Merchandise exports to world and Sin gapore, New Zealand 
and Brunei, 1998-2006
Exports to Singapore
Exports to New ZealandTotal exportsLeft hand scale: Right hand scale:
Exports to Brunei
Note:     Trade export data to Brunei available only for years 1998 and 2003.
Source:  UNSD, Comtrade database and Chile.
 
 
02468101214161820222426283032
1998 1999 2000 2001 2002 2003 2004 2005 20060.00.10.20.30.40.50.60.70.80.91.01.11.21.31.41.51.6US$billion US$billionChart I.5 - New Zealand: Merchandise Imports from world and Singapore, 
Brunei and Chile, 1998-2006
Imports from Singapore
Imports from BruneiTotal importsLeft hand scale: Right hand scale:
Imports from Chile
Source:  UNSD, Comtrade database and New Zealand.
 
 
 
  WT/REG229/1 
 Page 5 
 
 
  0.02.55.07.510.012.515.017.520.022.525.0
1998 1999 2000 2001 2002 2003 2004 2005 2006050100150200250300350400450500US$billion US$millionChart I.6 - New Zealand: Merchandise exports to world and Singapore, 
Brunei and Chile, 1998-2006
Exports to Singapore
Exports to BruneiTotal exportsLeft hand scale: Right hand scale:
Exports to Chile
Source: UNSD, Comtrade database and New Zealand.
 
 
0306090120150180210240270300
1998 1999 2000 2001 2002 2003 2004 2005 200601002003004005006007008009001,000US$billion US$millionChart I.7 - Singapore: Merchandise imports from world and Brunei, Chile 
and New Zealand, 1998-2006
Imports from Chile 
Imports from New ZealandTotal importsLeft hand sale: Right hand sale:
Imports from Brunei 
Source:  UNSD, Comtrade database and Singapore.
 
 
 
 WT/REG229/1 
Page 6  
 
  0306090120150180210240270300330
1998 1999 2000 2001 2002 2003 2004 2005 20060.00.20.40.60.81.01.21.41.61.82.02.2US$billion US$billionChart I.8 - Singapore: Merchandise exports to world and Brunei, Chile and 
New Zealand, 1998-2006
Exports to Chile 
Exports to New ZealandTotal exportsLeft hand scale: Right hand scale:
Exports to Brunei
Source:  UNSD, Comtrade database and Singapore.
 
 
8. The commodity structure of trade among the Parti es, as well as of their imports and exports to 
the world in the period 2003-2005, is shown in Charts I.9-I.12, on the basis of Harmonized System (HS) sections. 
9. In the case of Brunei, five product categories - machinery, base metals, chemicals, textiles, 
and prepared foods - accounted for 66.2% of its impo rts from the Parties;  these products also figured 
among Brunei's largest global import product cate gories over the period 2003-2005 accounting for 
54.9% of its global imports.  The lion's share of these imports originated from Singapore while those 
from the other Parties were neglig ible.  On the export side, Brunei's largest export product category – 
minerals – accounted for 90.2% of Brunei's global exports and it made up for New Zealand's largest 
import from Brunei and the second largest for Singa pore.  Brunei's second largest export product 
category – textiles - accounted for 81.4% of Singapore imports from Brunei.  Chile's imports from 
Brunei were negligible over the period 2003-2005. 
10. In the case of Chile, three product categories - machinery, minerals and chemicals - accounted 
for 64.6% of its imports from the Parties;  th ese products also figured among Chile's largest global 
import product categories over the period 2003-2005 accounting for 55.6% of its global imports.  Of 
these products, machinery accounted for 57.6% of Chile's imports from Singapore while minerals 
accounted for 30.7% of its imports from New Zealan d.  On the export side, the period 2003-2005 did 
not show a consistent correlation between Chil e's global exports product categories and the 
corresponding imports from the Parties.  Its global largest export product category – base metals – accounted for 51.8% of Singapore's imports from Chile ;  however, with respect to New Zealand and 
Brunei's, it accounted for 8.4% and 2.5% of th eir respective imports from Chile.  Chile's second 
largest export product category – minerals – did not  figure as a major import product for any of the 
Parties.  On the other hand, its third, fourth a nd fifth largest product category – animals, vegetables 
and prepared food – made up for most of the imports from the Parties.  WT/REG229/1 
 Page 7 
 
 
  11. As for New Zealand, two product categories – minerals and machinery – accounted for 76.1% 
of its imports from the Parties;  these products  also figured among New Zealand's largest global 
import product categories accounting for 33.2% of its global imports.  Minerals accounted for 100% 
of New Zealand's imports from Brunei and 41.4% of its imports from Singapore; however, it did not 
figure as a major import from Chile in spite of representing Chile's second largest global export 
product category over the period 2003-2005.  Most of the remaining imports under the Agreement 
originated from Singapore.  On the export side, there was a distinct correlation between New Zealand's largest global export product cate gories and the corresponding imports from the 
Parties.  It's largest export product category – an imals – accounted for 36.9% of New Zealand global 
exports and it made up for Singapore and Brunei la rgest import product from New Zealand (fourth for 
Chile);  its second and third largest export product categories – machinery and prepared foods – also 
ranked among the Parties' top imports from New Zeala nd.  Its fourth largest export product category - 
articles of wood - which accounted for 6.8% of New Zealand global exports was the major exception to this correlation as it didn't figure among any of  the Parties' major imports from New Zealand. 
12. In the case of Singapore, three product cate gories – textiles, animals and machinery - 
accounted for 60.3% of its imports from the Parties;  textiles imports originated mostly from Brunei, 
while animals and machinery mainly from New Zeal and.  Of these products, machinery figured as 
Singapore' largest global import product category accoun ting for 53.3% of its global imports.  On the 
export side, there was a distinct correlation between Singapore's largest global export product 
categories and the corresponding imports from the Parties.  Over the period 2003-2005, it's largest export product category – machinery – accounted fo r 59% of Singapore global exports and figured 
among the Parties largest import product from Si ngapore (first largest for Chile and Brunei and 
second largest for New Zealand);  its third largest  export product category – chemicals – accounted 
for 10.5% of Singapore global expor ts and ranked for each Party as their third largest import product 
from Singapore.  As for its second largest e xport product category – minerals – it represented 
New Zealand's major import product from Singapore, the eighth for Brunei and it was negligible for 
Chile. 
 WT/REG229/1 
Page 8  
 
  Chart I.9
Brunei and Trans-Pacific SEP: produc t composition of merchandise trade, 
annual average (2003-05)
Brunei's imports from Chile Brunei's imports from  New Zealand
 Source:  WTO-IDB and Brunei.Per cent
Total:  US$ 147,569 Total:  US$2.8 million
Total:  US$269.2 million Total: US$272.1 million
Total:  US$1.4 billion Total:  US$4.9 billionBrunei's global imports Brunei's global exportsBrunei's imports from Singapore Brunei's imports from the PartiesPrepared foods   
22.7Other 
7.8
Prepared foods 8.1Animals
 36.4
Other 
6.3
Pulp of wood  
6.1Plastics 4.9Other
6.6
Minerals 4.0Machinery
23.0Vehicles 3.2
Chemicals 
12.3Textiles 11.0Plastics 4.9
Other 
6.8Other 
3.5
Chemicals 7.6
Base metals 10.7Prepared foods  9.6Minerals 2.5
Machinery 
16.2Vehicles  16.9Vegetables 
27.4
Optical  2.7 Machinery 22.9
Base metals 
12.3
Machinery 1.8Optical 2.8Vehicles 3.0Textiles 1.5
Stone
 9.8
Textiles 4.5Vegetables
 72.9
Prepared foods  8.1Animals 2.2
Miscellaneous 3.9
Pulp of wood 6.1
Textiles 10.8Vegetables 5.2Other 
0.5
Machinery
10.9Prepared foods  4.8
Animals 4.1Pulp of wood 3.8Plastics 3.2Miscellaneous 2.6
Minerals 90.2Base metals 2.5
Base metals 
12.2
Chemicals 
12.1Textiles 10.9Miscellaneous 3.8
Minerals 3.9Vehicles 3.2Animals 2.5
 
  WT/REG229/1 
 Page 9 
 
 
  Chart I.10
Chile and Trans-Pacific SEP: product composition of merchandise trade, 
annual average (2003-05)
Chile's imports from Brunei*
Chile's imports from Singapore
 Source:  UNSD, Comtrade database.Per cent
Total:  US$11,568
Total:  US$26.0 million Total:  US$54.2 million
Total:  US$29.9 billion Total:  US$23.2 billionChile's global exports Chile's global importsChile's imports from the PartiesMachinery  6.5
Other 
4.1
Prepared foods 4.0 Machinery 
57.6Other 
4.5
Minerals
16.0Machinery
37.9Vehicles 2.2
Chemicals 
10.7Textiles 2.4
Plastics 7.4
Other 
7.9Other 
7.8
Chemicals 5.2 Base metals
31.0
Prepared foods  6.9
Base metals 5.8Pulp of wood 2.4Machinery 
23.4
Vehicles  11.2Chemicals 
 9.3Vehicles 3.3
Minerals
22.9Optical 2.0Plastics 13.6Textiles 
93.5
Textiles 3.8
Optical 3.9
Plastics 5.6Prepared foods 2.8Miscellaneous 2.5
Animals 5.3Vegetables 4.3Optical 2.8
Textiles 4.7
Animals 8.0Vegetables 7.6Chemicals 
6.0Miscellaneous 5.0Animals 2.6
Vegetables 2.0
Minerals
23.1Articles of wood 5.2Pulp of wood 5.0
 *    Trade data for Chile's imports from Brunei not available for years 2004 and 2005.Chile's imports from New Zealand
Other
9.2
Machinery  
19.7Chemicals 
15.0Minerals 
30.7Prepared foods 7.3
Vegetables 7.9
Animals 10.1
Total:  US$28.2 million
 
 WT/REG229/1 
Page 10  
 
  Chart I.11
New Zealand and Trans-Pacific SEP: product composition of merchandise 
trade, annual average (2003-05)
New Zealand's imports from Brunei New Zealand's imports from Chile
 Source:  UNSD, Comtrade database.Per cent
Total:  US$126.6 million Total:  US$26.5 million
Total:  US$510.9 million Total: US$ 663.9 million
Total:  US$22.0 billion Total:  US$19.6 billionNew Zealand's global imports New Zealand's global exportsNew Zealand's imports from Singapore Ne w Zealand's imports from the PartiesMinerals  
100.0Other 
4.6
Prepared foods 3.1Machinery 2.0
Other 
4.7
Machinery
25.1Chemicals 5.1Plastics 4.8Other
6.6
Minerals
41.4
Machinery
32.5
Minerals 10.2Chemicals 
9.9Textiles 4.8Pulp of wood  3.1Plastics 6.1
Machinery
23.0Other 
7.5Other 
11.1
Articles of wood 6.8Base metals 5.8Prepared foods  5.0
Base metals 6.4Textiles 4.5
Machinery 8.5Vehicles  2.8
Chemicals  5.1Chemicals 6.5Minerals 
51.0
Optical  3.3Prepared foods
15.7
Pulp of wood 3.5Plastics 2.7
Base metals 
8.4
Plastics 5.0Animals 27.7Textiles 2.4
Articles of wood
 6.7
Vegetables 27.2
Pulp of wood 3.0
Vehicles 
19.4
Prepared foods 6.9Miscellaneous 2.7Prepared foods 3.0
Animals
 36.9
Vegetables 5.9Chemicals 2.5
Optical  2.6
Pulp of wood 2.3Optical  2.0
Raw Hides 2.1
 
  WT/REG229/1 
 Page 11 
 
 
  Chart I.12
Singapore and Trans-Pacific SEP: product composition of merchandise trade, 
annual average (2003-05)
Singapore's imports from Brunei Singapore's imports from Chile
 Source:  UNSD, Comtrade database.Per cent
Total:  US$159.3 million Total:  US$85.9 million
Total:  US$269.3 million Total: US$514.5 million
Total:  US$170.0 billion Total:  US$196.1 billionSingapore's global imports Singapore's global exportsSingapore's imports from New Zealand Singapore's imports for the PartiesOther
9.1Vegetables  4.6Other 
3.2
Prepared foods 12.1Other 
8.4
Machinery 11.1
Chemicals 5.5Vegetables  3.6Other
9.6
Textiles
25.4
Machinery
20.4Vehicles 3.7Chemicals 2.9
Prepared foods 
10.6Base metals 10.1
Optical 3.9Vehicles 3.2
Other 
10.5Other 
9.6
Base metals 4.3Plastics 2.2Base metals 2.7
Minerals
10.5Machinery 
59.0Vehicles  2.1
Chemicals 
 9.6Minerals 
6.0
Minerals  2.5
Machinery 
53.3Vehicles 7.6
Pulp of wood 2.1
Optical 3.2Pearls 3.5
Animals 7.2
Base metals 2.0
Plastics 3.3Prepared foods
 25.6
Vegetables 5.3Textiles 
81.4Base metals 51.8
Animals 23.8Animals 
43.1
Minerals
15.8Vehicles 4.6
 
 WT/REG229/1 
Page 12  
 
  B. 
TRADE IN SERVICES AND INVESTMENT  
13. The differences among the Parties of the Trans-Pacific SEP in merchandise trade, as noted in 
the section above, are also reflected in their comme rcial services trade and their respective ranking in 
world trade (Table I.2).  In 2005, Singapore ranked 13th in the world in terms of imports of 
commercial services and 16th in terms of exports.  Singapore's commercial services imports amounted 
to US$54.1 billion in 2005, repr esenting 2.3% of world imports, while exports amounted to US$51.2 
billion, representing 2.1% of world expor ts.  In the same year, Brunei ranked 105th in the world in 
terms of imports and 113th in terms of exports.  New Zealand and Chile have services economies of 
comparable size ranking, respectively, 44th and 47th in terms of exports and 44th and 46th in terms of 
imports. 
Table I.2 
Commercial services trade - 2005 Rank in world trade - 2005 Parties to Trans-
Pacific SEP Exports US$ 
billion % world 
exports Imports US$ 
billion % world 
imports Exports Imports 
Brunei 0.6 0.03 1.1 0.05 113 105 
Chile 7.1 0.3 7.6 0.3 47 46 
New Zealand 8.4 0.3 8.1 0.3 44 44 
Singapore 51.2 2.1 54.1 2.3 16 13 
Source: WTO trade statistics. 
14. Chart I.13 shows the evolution of Brunei's total commercial services trade for the period 
2003-2005.  Over this period, exports to the world increased at an annual av erage rate of 19% while 
its imports increased at an annual average rate of 4%.  Brunei run a constant trade deficit in 
commercial services over this period with imports totalling approximately twice its exports.  The 
composition of its exports was stable with th e three most important services categories being 
transportation, travel and other business services  accounting for 97% of total exports in 2005;  
transportation services represented the largest sh are, at 51% of total exports.  The same 
three categories accounted for 83% of its total im ports.  Transportation and other business services 
accounted for a growing share of total imports ove r the period 2003-2005, while imports of travel 
services registered a slight decline. 
15. Brunei's global investment position is depicted in Chart I.14 which shows inward and outward 
FDI stocks with the world for the period 2000-2005.  Brunei's inward FDI stock grew from US$3.5 billion in 2003 to US$9.4 billion in 2005;  this marks a 20% average annual increase of its 
inward FDI stock compared to a 6% average annua l increase of its outward FDI stock over the same 
period. 
 
  WT/REG229/1 
 Page 13 
 
 
  0.00.10.20.30.40.50.60.70.80.91.01.11.2
2003 2004 20050.00.10.20.30.40.50.60.70.80.91.01.11.2
2003 2004 2005Chart I.13
Brunei, total commercial services trade, 2003-2005
Exports Imports
Transportation services
Insurance servicesOther business services
Travel servicesCommunication services
Source: IMF BOP CD-Rom.US$ billion
Government services
 
0.01.02.03.04.05.06.07.08.09.010.0
2000 2001 2002 2003 2004 20050100200300400500600700800
2000 2001 2002 2003 2004 2005Chart I.14
Brunei foreign direct investment stock from world, 2000-2005
Inward Outward
Source: UNCTAD, Foreign Direct Investment databaseUS$ billion US$ million
 WT/REG229/1 
Page 14  
 
  16. Chart I.15 shows the evolution of Chilean co mmercial services exports and imports for the 
period 2000-05.  Over this period, exports to the world increased at an annu al average rate of 11% 
while its imports increased at an annual average rate  of 10%;  Chile run a constant trade deficit in 
commercial services over this period.  The compositi on of exports remained fa irly stable with the 
three most important services categories being transportation, travel and other business services;  in 
2005, these services categories accounted for 92% of  Chile's services exports.  The same three 
categories accounted for 81% of Chile's total services imports in 2005. 
0123456789
2000 2001 2002 2003 2004 20050123456789
2000 2001 2002 2003 2004 2005Chart I.15
Chile, total commercial services trade, 2000-2005
Exports Imports
Transportation services Other business services
Travel servicesFinancial services
Communication servicesComputer and information
servicesPersonal, cultural and recreational services
Source: IMF, BOP CD-Rom.Insurance service Royalties and license fees Government servicesUS$ billion
 
 
17. Chile's global investment position is depicted in Chart I.16 which shows inward and outward 
FDI stocks with the world for the period 2000-2005.   Chile's outward FDI stock almost doubled over 
this period from US$11.2 billion in 2000 to US$21.4  billion in 2005;  this marks a 14% average 
annual increase compared to a 5.8% average annual increase of its inward FDI stock over the same 
period;  the latter stood at US$73.9 billion in 2005. 
 
   WT/REG229/1 
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  01020304050607080
2000 2001 2002 2003 2004 200501020304050607080
2000 2001 2002 2003 2004 2005Chart I.16
Chile foreign direct investment  stock from world, 2000-2005
Inward Outward
Source: UNCTAD, Foreign Direct Investment database US$ billion
 
 
 
18. Chart I.17 shows the evolution of New Zealand' s commercial services exports and imports for 
the period 2000-2005.  Over this pe riod, exports to the world increased  at an annual average rate of 
13.5% while its imports increased at an annual averag e rate of 9.2%;  with the exception of the year 
2000, New Zealand run a constant trade surplus in  commercial services over this period.  The two 
most important services exports categories, trav el and transportation, accounted for 78.3% of 
New Zealand's total services exports in 2005.  In the same year, these servi ces categories accounted 
for 78.1% of New Zealand's total services imports.  
 WT/REG229/1 
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  0123456789
2000 2001 2002 2003 2004 20050123456789
2000 2001 2002 2003 2004 2005Chart I.17
New Zealand, total commercial  services trade, 2000-2005
Exports Imports
Transportation services Insurance services Other business services
Travel services Financial services
Communication services Computer and information servicesPersonal, cultural and 
recreational services
Source: IMF, BOP CD-Rom.Construction services Royalties and license fees Government servicesUS$ billion
 
 
19. New Zealand's global investment position is depi cted in Chart I.18 which shows inward and 
outward FDI stocks with the world for the period 2000-2005.  New Zealand's inward FDI stock more 
than doubled over this period increasing from US$24.9 b illion in 2000 to US$52 billion in 2005;  this 
marks a 16% average annual increase compared to a 5.2% average annual increase of its outward FDI 
stock over the same period;  the latter stood at US$10.9 billion in 2005. 
20. New Zealand's investment position with the Par ties is depicted in Chart I.19 which shows 
New Zealand's inward and outward stock of foreign di rect investment with the Parties over the period 
2001-2005.3  New Zealand's foreign direct investment in  the Parties accounted for 6.5% of its total 
outward foreign direct investment stock in 2004 (most recent data availa ble), down 6.8% from the 
previous year.  With respect to inward foreign di rect investment, available data shows only Singapore 
among the Parties as having a stake into New Zealand's inward FDI stock.  In 2005, FDI from Singapore accounted for 3% of New Zealand's total inward FDI stock.  FDI from Singapore has, 
however, been decreasing in recent years, falling from US$2.7 billion in 2002 to US$1.7 billion in 
2005. 
 
                                                     
 
3 FDI figures are not available for Chile and with resp ect to Brunei they are only available for outward 
stock;  outward stock figures for 2005-2 006 are classified as confidential at Statistics New Zealand 
http://www.stats.govt.nz.  WT/REG229/1 
 Page 17 
 
 
  0102030405060
2000 2001 2002 2003 2004 20050102030405060
2000 2001 2002 2003 2004 2005Chart I.18
New Zealand foreign direct investment stock from world, 2000-2005
Inward Outward
Source:US$ billion
UNCTAD, Foreign Direct Investment database 
 
 
0.00.30.60.91.21.51.82.12.42.7
2002 2003 2004 20050.00.30.60.91.21.51.82.12.42.7
2002 2003 2004Chart I.19
New Zealand foreign direct investment stock with the Parties, 2002-2005
Source: New Zealand US$ billion
Note:     Data reported - Fiscal Year (31 March)Singapore BruneiInward Outward
 WT/REG229/1 
Page 18  
 
  21. Chart I.20 shows the evolution of Singapore' s commercial services exports and imports for 
the period 2000-2005.  Over this period, exports to as well as import from the world increased at an annual average rate of 13%;  over this period Sing apore run a small but constant trade deficit in 
commercial services.  Transportation services a nd other business services accounted for the largest 
share of Singapore's commercial services exports, wh ile transportation and travel services, royalties 
and license fees and other business services ac counted for the largest shares of imports. 
0102030405060
2000 2001 2002 2003 2004 20050102030405060
2000 2001 2002 2003 2004 2005Chart I.20
Singapore, total commercial services trade, 2000-2005
Exports Imports
Transportation services Other business services
Travel servicesFinancial services
Construction servicesComputer and information
servicesPersonal, cultural and 
recreational services
Source: IMF, BOP CD-Rom.Insurance service Royalties and license fees Government servicesUS$ billion
 
22. Chart I.21 shows Singapore's bilateral trade in commercial services with the Parties broken 
down by services categories.  On the import side, imports from the Parties over the period 2003-2005 
accounted on average for 0.3% of Singapore's tota l imports over that same period.  Two services 
categories – transportation and other business services – accounted for 88% of Singapore's imports from the Parties;  these also represented Singapor e's largest import services categories accounting for 
57.2% of its global services imports over the period 2003-2005.  On the expor t side, exports to the 
Parties over the period 2003-2005 accounted on average for 1% of Singapore total services exports 
over that same period.  Two services categor ies – transportation and other business services – 
accounted for the Parties' largest import services from Singapore;  these also represented Singapore's largest export services categories acc ounting for 76.7% of its global services exports over the period 
2003-2005. 
 
  WT/REG229/1 
 Page 19 
 
 
  Chart I.21
Singapore and Trans-Pacific SEP: co mmercial services trade, bilateral
annual average (2003-2005)
Singapore's imports from Brunei Singapore's exports to  Brunei
 Source:  Singapore authorities.Per cent
Total:  US$25.8 millionTotal:  US$100.5 million
Total:  US$0.3 million Total: US$4.1 million
Total:  US$110.4 million Total:  US$330.9 millionSingapore's imports from New Zealand Singapore's exports to New ZealandSingapore's imports from Chile Singapore's exports to ChilePersonal Cultural 
& Recreational  1.6
Transportation 
37.0
Other services 0.9 Other services 2.1
Transportation 
42.3Other Business
Services 30.5Other Business 
Services 41.4
Royalties & License Fees 1.9Transportation
 44.5
Computer&Information 1.5
Other Business 
 Services 48.9
Transportation
60.5Other Business
Services 27.7Other services
 0.7Financial  1.3
Insurance 8.3
Construction
17.6Construction 8.3Insurance 6.6Financial 3.9Other serivces 1.3
Financial 1.0
Insurance 3.9 Construction 1.6 Insurance 2.4
Construction 2.6Transportation
63.8Other Business
Services 34.8Financial 1.4
Transportation
35.7
Other Business 
Services 64.3
 
 WT/REG229/1 
Page 20  
 
  23. Singapore's global investment position is depicted in Chart I.6 which shows inward and 
outward FDI stocks with the world for the period 2000-2005.  Singapore's in ward FDI stock reached 
US$196 billion in 2005 up from US$ 12 4 billion in 2001;  this marks a 12.2% average annual increase 
compared to a 12.3% average annual increase of it s outward FDI stock over the same period;  the 
latter stood at US$118 billion in 2005. 
020406080100120140160180200
2001 2002 2003 2004 2005020406080100120140160180200
2001 2002 2003 2004 2005Chart I.22 
Singapore foreign direct investment stock from world, 2001-05
Inward Outward
Source: Singapore Department of Statistics.US$ billion
 
 
24. Singapore's investment position with the Parti es is depicted in Chart I.23 which shows 
Singapore's inward and outward stock of FD I with the Parties over the period 2003-2005.4  
Singapore's FDI in the Parties accounted for 0.6% of its total outward FDI stock in 2005, the lion 
share of which was received by New Zealand - US$713 million compared to US$36 million received 
by Brunei.  The share of inward FDI from the Pa rties is much smaller accounting for 0.2% of 
Singapore's total inward FDI stock in 2005;  in this case it is Brunei which accounts for the largest share with US$230 million in 2005 co mpared to US$135 from New Zealand.
5 
                                                      
4 FDI figures between Singapore and Chile were at zero over the years considered. 
5 The bilateral FDI stock figures between New Zealand and Singapore included in Charts I.19 and I.23 
show considerable differences.  WT/REG229/1 
 Page 21 
 
 
  0100200300400500600700800
2003 2004 20050100200300400500600700800
2003 2004 2005Chart I.23
Singapore foreign direct investment stocks with the Parties, 2003-2005
Inward Outward
Source: Singapore authorities.US$ million
Brunei New Zealand
 
 
II. CHARACTERISTIC ELEMENTS OF THE AGREEMENT 
A. BACKGROUND INFORMATION  
25. The Trans-Pacific SEP Agreement was signed by the Governments of the Republic of Chile, 
New Zealand and Singapore on 18 July 2005;  the Government of Brunei Darussalam (hereafter 
Brunei) signed the Agreement on 2 August 2005.  Th e Agreement entered into force on 28 May 2006 
for New Zealand and Singapore;  12 July 2006 fo r Brunei Darussalam;  and 8 November 2006 for 
Chile.  The Agreement is of an indefinite duration. 
26. The Agreement was notified to the WTO by the Parties on 18 May 2007 under 
Article XXIV:7(a) of the GATT 1994 and Article V: 7(a) of the GATS (WT/REG229/N/1).  The text 
is available, together with its Annex es, on the Parties' official websites: 
Brunei:  http://www.mfa.gov.bn/agreements/download/TPSEPA.pdf 
Chile:  http://www.direcon.cl/index.php?accion=p4; 
New Zealand: http://mfat.govt.nz/Trade-and-Ec onomic-Relations/0--Trade-archive/0--Trade-
agreements/Trans-Pacific/0-sep-index.php; 
Singapore: http://www.fta.gov.sg 
27. The Agreement is composed of 20 Chapters and relevant Annexes;  it also contains side 
letters integral to, or in the context of, the Agre ement;  implementing arrangements;  an Environment 
Cooperation Agreement and a Memorandum of U nderstanding (MOU) on Labour Cooperation.  A 
detailed description of the Agreement is provided in Table II.1. WT/REG229/1 
Page 22  
 
  Table II.1:  Chapters, annexes and side letters of the Agreement 
Chapters and Annexes Title/description 
Preamble  
Chapter 1 Initial Provisions 
Chapter 2 General Definitions 
Annex 2.A  Country-Specific Definitions 
Chapter 3 Trade in Goods 
Annex 3.A Import and Export Measures – Measures of Chile 
Annex 3.B Special Safeguards Measures – List of Chile 
Chapter 4 Rules of Origin 
Annex 4.A Remanufactured Goods 
Annex 4.B Outward Processing 
Annex 4.C Declaration as to Origin 
Annex 4.D Certificate of Origin 
Chapter 5 Customs Procedures 
Chapter 6 Trade Remedies 
Chapter 7 Sanitary and Phytosanitary Measures (SPS) 
Chapter 8 Technical Barriers to Trade (TBT) 
Chapter 9 Competition Policy 
Annex 9.A Exemptions from the Application of Competition Law 
Chapter 10 Intellectual Property 
Annex 10.A List of Geogra phical Indications - Chile 
Chapter 11 Government Procurement 
Annex 11.A List of Entities and Covered Goods and Services 
Annex 11.B Single Electronic Point of Access 
Annex 11.C Thresholds 
Chapter 12 Trade in Services 
Annex 12.A Financial Services 
Annex 12.B Professional Services 
Annex 12.C Payments and Transfers – Chile 
Annex 12.D DL 600 - Chile 
Chapter 13 Temporary Entry 
Chapter 14 Transparency 
Chapter 15 Dispute Settlement 
Annex 15.A Nullificati on or Impairment 
Annex 15.B Model Rules of Procedure for Arbitral Tribunals 
Chapter 16 Strategic Partnership 
Chapter 17 Administrative and Institutional Provisions 
Chapter 18 General Provisions 
Chapter 19 General Exceptions 
Chapter 20 Final Provisions 
Annex I Tariff Schedules 
Annex II Specific Rules of Origin 
Annex III Part One of the Services Schedules 
Annex IV Part Two of the Services Schedules 
Implementing Arrangements: SPS - Implementing Arrangement 1 and 8  
 Strategic Partnership 
Side letters: Exchange of side letters on Brune i's participation in the TPSEP 
 Exchange of side letters on Br unei's Market Access Commitments 
 Exchange of side letters on Government Procurement 
 − Chile 
 − New Zealand 
 Exchange of side letters on TBT 
Environment Cooperation Agreement:  Text of Environment Cooperation Agreement 
 Side letter to the Environment Agreement 
MOU on Labour Cooperation: Text of Labour MOU 
 Side Letter to the Labour MOU 
 
  WT/REG229/1 
 Page 23 
 
 
  III. NATIONAL TREATMENT AND MARKET ACCESS PROVISIONS ON TRADE IN 
GOODS 
1. Import duties and charges, and quantitative restrictions 
(a) General provisions 
28. The Parties agree to accord national treatment  to each others' goods in accordance with 
Article III of the GATT 1994 whose provisions are incorporated into the Agreement mutatis mutandis  
(Article 3.3). 
29. The Agreement provides for trade liberalizati on of Chapters 1 to 97 of the Harmonized 
System (HS) except in the case of Brunei, where some products (alcohol, tobacco and firearms) are temporarily excluded from its tariff schedule on grounds  of protection of public morals, human health 
and security.
6  Article 3.4 provides for the elimination of all customs duties on the Parties' originating 
products as of entry into force of the Agreement ex cept as otherwise provided in their respective tariff 
schedules set out in Annex I;  these list the base ra tes and the staging timetables that apply to tariff 
elimination.7  Duties on bilateral imports not fully liberalized  at entry into force are to be eliminated 
through their progressive reduction – which can be d one in equal stages or not, as the case may be – 
or immediate zeroing after a period in which duties are kept constant; tariff reductions take place on 
1 January of each year. 
30. The Agreement contains no explicit transition period:  in the case of Singapore, tariff 
elimination on imports of goods from the other Parti es took place on the date of entry into force of the 
Agreement;  in the case of the other Parties most ta riffs are eliminated on entry into force of the 
Agreement with transition periods applying to a number of sensitive products.  For such products, 
tariff elimination is to be completed within ten (Brunei - 2015), 11 (New  Zealand - 2016) and 12 
(Chile - 2017) years at the latest.  Upon request by an y Party, the Parties agree to consult to consider 
the possibility of accelerating the reduction and/or  elimination of customs duties.  Any such 
acceleration is to be extended to all Parties (Article 3.4.3). 
31. The Parties may not increase existing, or in troduce new, customs duties on imports of an 
originating good other than as permitted under the Agreement (Article 3.4:1).  Furthermore, they 
agree not to apply customs duties to:   goods temporar ily shipped from one Party to another for repair 
or alteration (Article 3.5);  commercial samples of negligible value and printed advertising material 
(Article 3.6);  and, on a temporary basis, cert ain goods detailed in Article 3.7, subject to the 
conditions therein.  Articles 3.6 and 3.7 do not apply to liquor and tobacco products. 
32. Article 3.12 allows Chile to maintain its Price Band System (PBS) for various edible 
vegetable oils, sugar, wheat, and wheat flour.8  With respect to these products, Chile agrees to grant to 
                                                      
6 This list covers a total of 114 tariff lin es of which 82 have specific duties, 2 are ad valorem  and 30 
have zero duties;  the list is contained in a side letter to the Agreement which provides for ongoing discussions 
on ways to accommodate these products in the context of  the Agreement.  The excl usion list is applied on a 
MFN basis, and across Brunei’s preferential trading arrangements such as P4 and AFTA.  Waivers on import of 
alcohol apply on a non-discriminatory basis, and inclus ive to this Agreement. Thes e waivers are excluded from 
tariff reduction schedules. 
7 For all the Parties the base rates are the general rates contained in their respective MFN schedules as 
of 1 January 2005. 
8 HS 8-digit lines 1001.9000, 1101.0000, 1701.1100, 1701.1200, 1701.9100, 1701.9910, 1701.9920, 
1701.9990.  The system is intended to reduce the impact of international price fluctuations on internal prices of 
these goods.  Chile's regulations on its PBS are contained in Law No. 18.525 and in particular, Article 12 of the law providing the methodology for the calculation of the price bands.  For further information on the PBS refer 
to the Trade Policy Review of Chile 2003, WTO Document  WT/TPR/S/124 and in par ticular Chapter III(2)(v). WT/REG229/1 
Page 24  
 
  the Parties treatment no less favourable than the pr eferential treatment given to any third country 
under existing and future agreements. 
33. With regards to non-tariff measures, no Party may adopt or maintain non-tariff measures on 
the import or export of goods, except in accordance with its WTO rights and obligations or in 
accordance with other provisions of  the Agreement (Article 3.8).
9 
34. Administrative fees and formalities in connection with imports and exports  of goods must be 
consistent with the Parties' ob ligations under the GATT 1994 and be made available on the Internet 
(Article 3.9). 
(b) Liberalization of tariff lines and trade10 
35. The elimination of tariffs applicable between the Parties is detailed in their corresponding 
schedules.  For each Party, tariff elimination star ted at different times in 2006 corresponding to their 
respective dates of entry into force of the Agreem ent; for all the Parties the base rates for tariff 
reductions were those applied on 1 January 2005.  Subsequent duty reductions take place on 1 January 
of each year. 
36. Tariff elimination under the Agreement is  depicted in Tables III.1A to III.1D.11  In the case of 
Brunei, 68% of all tariff lines were already duty-free on an MFN basis in 2006.12  In terms of imports 
from the Parties for the period 2003-2005, duty free imports amount to 100% of imports from Chile, 90.6% from New Zealand and 78.8% from Singapore.  Th e remaining tariffs are to be eliminated in 
three stages, in 2010, 2012 and 2015 when an add itional 5.4%, 15.5% and 10.3% of tariff lines 
respectively will be liberalized;  these account for an additional 9.4% of imports from New Zealand 
and 20.4% of imports from Singapore becoming duty-fr ee.  By the end of the transition period 99.2% 
of Brunei's tariff lines will be duty-free, corresponding  to 100% of the value of imports from Chile 
and New Zealand and 99.2% from Singapore;  0.8% of Brunei's tariff lines will retain a duty corresponding to 0.7% of its imports from Singapore.
13 
Table III.1A - Brunei 
Tariff elimination commitments under the Agreement  and corresponding average trade values for 2003-05 
Value of Brunei's imports from 
(US$ million) % of Brunei's total imports from Duty phase-out 
period No. of 
lines % of total lines in 
Brunei's Tariff 
Schedule Chile New Zealand Singapore Chile New Zealand Singapore 
MFN duty free 7,276 68.1 0.2 2.9 264 100.0 90.6 78.8 
2010 575 5.4   10.8   3.2 
2012 1,656 15.5  0.3 44.1  9.4 13.2 
2015 1,098 10.3   13.5   4 
Remain dutiable 84 0.8   2.5   0.7 
Total 10,689 100 0.2 3.2 334.9 100.0 100.0 100.0 
Source:  WTO Secretariat estimates, based on data from the IDB. 
                                                      
9 This prohibition is waived for measures set out in Annex 3.A on imports of used vehicles by Chile. 
10 Unless otherwise specified, all statistics contained in  the tables and charts have been prepared on the 
basis of data provided by the Parties. 
11 For tariff lines subject to TRQs only the out-of-quota duty is included in the tariff-related 
calculations. 
12 Brunei's tariff is composed of 10,689 tariff lines  at the HS 8-digit level;  98.8% of this tariff is 
ad valorem  while the remaining 2.3% relates to 131 lines with specific duties;  of the latter 49 are subject to 
liberalization under the Agreement. 
13 See paragraph 29 and footnote 6.  WT/REG229/1 
 Page 25 
 
 
  37. In the case of Chile, only 35 tariff lines were already duty-free on an MFN basis in 2006 with 
no corresponding imports from the Parties.14  The bulk of Chile's trade liberalization commitments are 
implemented upon entry into force of the Agreement with 74.1% of its tariff lines becoming duty-free;  in terms of imports from New Zealand and Singapore for the period 2003-2005, duty free imports amount to 87.1% and 90.8% respectively.
15  The remaining tariffs are to be progressively 
eliminated in four stages, in 2008, 2011, 2015 and 2017 corresponding respectively to 11.4%, 10.9%, 
2.7% and 0.4% of Chile's tariff lines; 0.1% of Chile's tariff lines are subject to "sugar treatment" 
restrictions (see below).  The 34 tariff lines schedul ed for duty elimination in 2017 relate to dairy 
products which are subject to a special safeguard  measure under the Agreement (see paragraph 64).  
By the end of the transition period 99.9% of Chile's tariff lines will have become duty-free amounting 
to 100% of imports from the Parties for the period 2003-2005.  The remaining 0.1% correspond to 7 
tariff lines (HS-8 digit level) which are subject to  a "sugar treatment" restriction;  this grants 
preferential treatment to imports from the Parties with  respect to these lines on the basis of a "trade 
surplus" mechanism (see paragraph 73). 
Table III.1B - Chile 
Tariff elimination commitments under the Agreement  and corresponding average trade values for 2003-05 
Value of Chile's imports from 
(US$ million) % of Chile's total imports from Duty phase-out 
period No. of 
lines % of total lines in 
Chile's Tariff 
Schedule Brunei New Zealand Singapore Brunei New Zealand Singapore 
MFN duty free 35 0.4       
2006 5,855 74.1  5.4 5.9  87.1 90.8 
 1a   0.2   3.2  
2008 897 11.4   0.3   4.6 
2011 862 10.9  0.1 0.3  1.6 4.6 
2015 212 2.7       
 6a 0.1       
2017 34 0.4  0.5   8.1  
Total 7,902 100.0 0.0 6.2 6.5 0.0 100.0 100.0 
a Subject to sugar treatment, as explained in paragraph 73. 
Source:  WTO Secretariat estimates, based on data provided by the Parties. 
38. In the case of New Zealand, 58.6% of total tariff lines were already duty-free on an MFN 
basis in 2006.16  In terms of imports from the Parties for the period 2003-2005, duty free imports 
amount to 100% of its imports Brunei, 69.7% from Chile, and 92.2% from Singapore.17  On entry into 
force of the Agreement a further 23.7% of New Z ealand's tariff lines beca me duty-free corresponding 
to 25.7% of imports from Chile and 5.9% of im ports from Singapore for the period 2003-2005.  The 
                                                      
14 Chile's tariff is composed of 7,902 tariff lines at the HS 8-digit level;  all of its tariff is ad valorem . 
15 With respect to Chile's imports from Brunei, UN SD Comtrade figures show imports only in 2003 
totalling US$11,568. 
16 New Zealand's tariff is composed of 7,237 tariff lines at the HS 8-digit level.  99.5% of this tariff is 
ad valorem  while the remaining 0.5% includes 4 lines with specific duties and 33 lines relating to machines and 
vehicles for which there is no duty description;  these 33 lines have been excluded from all tariff-related 
calculations. 
17 The figures shown here as well as in Tables III.1A to III.1D reflect the commitments made by the 
Parties under the Agreement notwithstanding other commitments under existing arrangements among the 
Parties.  Trade in originating good s between New Zealand and Singapore is completely duty-free due to the 
ANZSCEP and those market access conditions may be ch osen by exporters over th ose provided under the 
Agreement (see paragraph 128). WT/REG229/1 
Page 26  
 
  remaining tariffs are to be eliminated progr essively in three stages, in 2008, 2011 and 2015 
corresponding respectively to 1.6%, 7% and 9.1% of New Zealand's tariff schedule.  By the end of the 
transition period 100% of New Zealand's tariff lines will have been liberalized corresponding to 100% 
of its imports from the Parties. 
Table III.1C -New Zealand 
Tariff elimination commitments under the Agreement  and corresponding average trade values for 2003-05 
Value of New Zealand's imports from 
(US$ million) % of New Zealand's total imports from Duty phase-out 
period  No. of 
lines % of total lines in 
New Zealand's 
Tariff Schedule Brunei Chile Singapore Brunei Chile Singapore 
MFN duty free 4,238 58.6 126.4 18.2 562.9 100.0 69.7 92.2 
2006 1,716 23.7  6.7 36.3  25.7 5.9 
2008 114 1.6   1.0   0.2 
2010 508 7.0  0.6 9.9  2.3 1.6 
2015 661 9.1  0.6 0.4  2.3 0.1 
Total 7,237 100.0 126.4 26.1 610.5 100.0 100.0 100.0 
Source:  WTO Secretariat estimates, based on data provided by the Parties. 
39. For Singapore, 99.9% of tariff lines were already duty-free on an MFN basis in 2006.18  All 
remaining tariff lines were liberalized as of the en try into force of the Agreement, resulting in a 
liberalization of 100% of trade and tariff lines. 
Table III.1D - Singapore 
Tariff elimination commitments under the Agreement  and corresponding average trade values for 2003-05 
Value of Singapore's imports from 
(US$ million) % of Singapore's total imports from Duty phase-out 
period  No. of 
lines % of total lines in 
Singapore's Tariff 
Schedule Brunei Chile New Zealand Brunei Chile New Zealand
MFN duty free 10,682 99.9 149.2 86 267.2 100.0 100.0 100.0 
2006 6 0.1   0.1   0.04 
Total 10,688 100.0 149.2 86 267.3 100.0 100.0 100.0 
Source:  WTO Secretariat estimates, based on data provided by the Parties. 
(c) Brunei's liberalization schedule 
40. The base rates used by Brunei for implementing its tariff liberalization scheme already 
provided for 68% of tariff lines being duty free before the entry into force of the Agreement.  Brunei's 
first stage of trade liberalization is in 2010 with the elimination of duties on 575 tariff lines most of which have base rates of between 0 and 20% (Chart III.1);  four tariff lines with a base rate of 30% 
are also to be eliminated at this stage.  The bulk of tariff liberalization is in 2012 when most of the 
tariff lines with a base rate of 10% or less and more than half of those with a base rate of 20% or less are to be liberalized;  16 tariff lines with non ad valorem  rates are also to be liberalized at this stage.  
The remaining tariff lines, mostly with a base rate of 20% or less as well as a further 29 lines with non 
ad valorem  rates, are scheduled for liberalization in  2015 except 84 tariff lines of which 82 retain a 
specific duties and two a duty of 30%.
19 
 
                                                      
18 Singapore's tariff is composed of 10,688 tariff lines at the HS 8-digit level; six lines have specific 
duties . 
19 These tariff lines are part of Brunei's exclusion list referred to in paragraph 29 and footnote 6.    WT/REG229/1 
 Page 27 
 
 
  0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10,000 11,0002006201020122015Chart III.1
Brunei's duty elimination under the Agreement
Year of duty free treatment   
Source: WTO Secretariat estimates, based on data provided by Brunei.Number of duty-free lines (cumulative)
Duty-free <=10% <=20% Base rate is: Non ad valorem =30%
 
 
41. Table III.2 shows Brunei's trade liberalizati on commitments under the Agreement organized 
according to HS section product categories.  Of the 10,689 tariff lines forming Brunei's tariff schedule, 7,276 tariff lines were already duty-fr ee on an MFN basis in 2 006.  Of the remaining 
3,329 tariff lines subject to full liberalization by 2015, the vast majority are products falling under 
HS Sections XVI (Machinery and Mechanical A ppliances) and XVII (Vehicles, Aircrafts and 
Vessels).  By 2015 Brunei's tariff schedule will be fu lly liberalized to imports from the other Parties 
with the exception of 114 tariff lines (of wh ich 82 retain specific rates, two are ad valorem  and 30 
have zero duties) relating to alcohol, tobacco a nd firearms the imports of which are prohibited 
temporarily on grounds of protection of public morals, human heath and security.
20 
Table III.2 
Brunei: Tariff elimination under the Agreement, by HS section 
 
No of lines duty-free under the 
Agreement in: HS section and description MFN 
average 
% Total 
No of lines MFN Duty 
Free 
2010 2012 2015 Remain 
dutiable 
I Live Animals; Animal Products 0.0 338 338     
II Vegetable Products 0.0 388 372  16   
III Animal or Vegetable Fat and Oils 0.0 151 151     
IV Prepared Foodstuffs, Beverages 0.1 417 333 4   80 
V Mineral Products 0.0 213 199   14  
VI Products of Chemical or Allied Industries 0.6 1,287 1,126 142  15 4 
VII Plastics and Articles thereof, rubber 2.3 588 510  5 73  
VIII Raw Hides and Skins, Leather 1.4 112 96  16   
IX Wood and Articles of wood 15.7 253 53 198 2   
Table III.2 (Cont'd)  
                                                      
20 See paragraph 29 and footnote 6. WT/REG229/1 
Page 28  
 
   
No of lines duty-free under the 
Agreement in: HS section and description MFN 
average 
% Total 
No of lines MFN Duty 
Free 
2010 2012 2015 Remain 
dutiable 
X Pulp of Wood 0.0 271 271     
XI Textiles and Textile Ar ticles 0.7 1,185 1,052 108 25   
XII Footwear, Headgear, Umbrellas 5.7 74 14 36 24   
XIII Articles of Stone, Plaster, Cement 0.5 221 214  1 6  
XIV Natural and Cultured Pearls 2.2 77 43 34    
XV Base Metals & Articles thereof 0.1 1,161 1,156   5  
XVI Machinery & Mechanical Appl. 10.1 2,202 785 48 1,224 145  
XVII Vehicles, Aircraft, Vessels 16.4 1,026 183  5 838  
XVIII Optical, Photographic Equipment 7.7 398 178 1 219   
XIX Arms and Ammunition 0.0 28 28     
XX  Misc. Manufactured Articles 2.7 287 162 4 119 2  
XXI Works of Art 0.0 12 12     
Total  10,689 7,276 575 1,656 1,098 84 
Source: Data provided by Brunei. 
(d) Chile's liberalization schedule 
42. The base rates used by Chile for implementi ng its tariff liberalization scheme provided for 
35 tariff lines being duty free before the entry in to force of the Agreement;  of the remaining 
7,867 tariff lines, 7,820 held a base rate of 6%, 11 a base rate of 25% and 36 a base rate of 30% or 
more.  Most of Chile's trade liberalization co mmitments occurred on entry into force of the 
Agreement with 5,855 tariff lines becoming duty-free;   these included all of the tariff lines with a base 
rate of 25%.  The liberalization schedule of the re maining 2,012 tariff lines is as follows:  897 lines in 
2008;  862 in 2011; 212 (including 30 tariff lines with  a base rate of 30% or more) in 2015 subject, 
where applicable, to conditions in Annex I "Headnot es of Chile";  and 34 tariff lines in 2017.  This 
leaves seven tariff lines which although subject to duty phase-out (six lines progressively by 2015 and 
one on entry into force), are subject to "suga r treatment" restrictions (see paragraph 73).  WT/REG229/1 
 Page 29 
 
 
  0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,00020062008201120152017Chart III.2
Chile's duty elimination under the Agreement
Year of duty free treatment   
Source: WTO Secretariat estimates, based on data provided by Chile.Number of duty-free lines (cumulative)
Duty-free =6% =25% Base rate is: >30%
 
 
43. Table III.3 shows Chile's trade liberalization commitments under the Agreement organized by 
HS section product categories.  Of the 7,902 tariff lines forming Chile's tariff schedule only 35 were 
already duty-free on an MFN basis in 2006.  Of the 5,855 tariff lines liberalized upon entry into force 
of the Agreement, the vast majority are products falling under HS Sections I, VI, XI, XV and XVI.  
Of the remaining 2,005 tariff lines subject to duty elimination by 2017 the majority are products 
falling under HS Sections XI, XII and XV.  The 34 ta riff lines scheduled for duty elimination in 2017 
relate to dairy products which are subject to a special safeguard measur e under the Agreement (see 
paragraph 64).  The seven tariff lines (HS-8 digit le vel) subject to "sugar treatment" restrictions (see 
paragraph 73) fall under HS Section IV;  the duty on one of these lines is eliminated at entry into 
force while those applying to the six other lines are phased out by 2015. 
Table III.3 
Chile: Tariff  elimination under the Agreement, by HS section 
No of lines duty-free under the 
Agreement in: HS section and description MFN 
average 
% 
Total 
No of lines 
MFN Duty 
Free 
2006 2008 2011 2015 2017 
Remain 
dutiablea 
I Live Animals; Animal Products 6.4 567  508 19 6  34  
II Vegetable Products 6.1 397  319 28 48 2   
III Animal or Vegetable Fat and Oils 17.0 65  31 4 1 29   
IV Prepared Foodstuffs, Beverages 7.4 398  314 51 15 11  7 
V Mineral Products 6.0 191  184 3 4    
VI Products of Chemical or Allied 
Industries 6.0 1,190  1,064 99 27    
VII Plastics and Articles thereof, rubber 6.0 307  229 56 22    
VIII Raw Hides and Skins, Leather 6.0 86  86      
IX Wood and Articles of wood 6.0 142  142      
X Pulp of Wood 5.9 235 4 230 1     
Table III.3 (Cont'd)WT/REG229/1 
Page 30  
 
  No of lines duty-free under the 
Agreement in: HS section and description MFN 
average 
% 
Total 
No of lines 
MFN Duty 
Free 
2006 2008 2011 2015 2017 
Remain 
dutiablea 
XI Textiles and Textile Artic les 6.0 1,171  230 243 574 124   
XII Footwear, Headgear, Umbrellas 6.0 115  30 2 37 46   
XIII Articles of Stone, Plaster, Cement 6.0 180  17 70 93    
XIV Natural and Cultured Pearls 6.0 59  59      
XV Base Metals & Articles thereof 6.0 657  430 218 9    
XVI Machinery & Mechanical Appl. 6.0 1,266 2 1,185 69 10    
XVII Vehicles, Aircraft, Vessels 5.5 343 29 275 27 12    
XVIII Optical, Photographic Equipment 6.0 290  288 2     
XIX Arms and Ammunition 6.0 23  23      
XX  Misc. Manufactured Articles 6.0 213  204 5 4    
XXI Works of Art 6.0 7  7      
Total 6.2 7,902 35 5,856 897 862 218  7 
a Subject to sugar treatment, as explained in paragraph 73. 
Source:  Data provided by Chile. 
(e) New Zealand's liberalization schedule 
44. The base rates used by New Zealand for implementing its tariff liberalization scheme already 
provided for 58.6% of the tariff or 4,238 tariff lin es being duty free on an MFN basis before the entry 
into force of the Agreement.  Of the remaining 2, 999 tariff lines, 2,408 held a base rate of 10% or less, 
554 a base rate of 20% or less and 37 were non ad valorem  tariff lines.  Most of New Zealand's trade 
liberalization commitments occurred on entry into force of the Agreement with 1,716 tariff lines 
becoming duty-free;  of these, 20 lines had non ad valorem  rates while the remaining ones were tariff 
lines with a base rate of 10% or less.  The remaini ng 1,283 tariff lines are liberalized in three stages as 
follows:  114 with a base rate of 10% or less in 2008;   508 (451 with a base rate of 10% or less, 44 
with a base rate of 20% or less, and 13 with non ad valorem  rates) in 2010;  and 661 lines in 2015.  At 
the end of the transition period all of New Z ealand's tariff schedule will be duty-free under the 
Agreement.  WT/REG229/1 
 Page 31 
 
 
  0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,0002006200820102015Chart III.3
New Zealand's duty elimination under the Agreement
Year of duty free treatment   
Source: WTO Secretariat estimates, based on data provided by New Zealand.Number of duty-free lines (cumulative)
Duty-free <=10% <=20% Base rate is: Non ad valorem
 
 
45. Table III.4 shows New Zealand's liberalizati on commitments under the Agreement organized 
by HS section product categories.  Of the 7,237 tariff lines forming New Zealand's tariff schedule 
4,238 were already duty free on an MFN basis in 2006.  Of the 1,716 tariff lines liberalized upon entry into force of the Agreement, the vast major ity fall under HS Sections IV, VII, XV and XVI;  all 
of New Zealand's tariff lines under HS Sections I to IV (agricultural products) we re liberalized at this 
stage.  Of the remaining 1,283 lines subject to duty elim ination more than half are to be liberalized in 
2015 relating mainly to products  under HS Section XI (textiles). 
Table III.4 
New Zealand: Tariff  elimination u nder the Agreement, by HS section 
 
No of lines duty-free under the 
Agreement in: HS section and description MFN 
average 
% Total 
No of lines  MFN Duty 
Free 
2006 2008 2010 2015 
I Live Animals; Animal Products 1.0 243 201 42    
II Vegetable Products 1.3 312 241 71    
III Animal or Vegetable Fat and Oils 1.3 59 46 13    
IV Prepared Foodstuffs, Beverages 3.3 483 230 245  8  
V Mineral Products 0.3 185 176 9    
VI Products of Chemical or Allied Industries 0.7 922 819 99 4   
VII Plastics and Articles ther eof, rubber 4.4 389 152 146  82 9 
VIII Raw Hides and Skins, Leather 3.4 105 56 35  2 12 
IX Wood and Articles of wood 2.9 155 81 74    
X Pulp of Wood 0.0 235 235     
XI Textiles and Textile Ar ticles 7.8 1,093 507 15   571 
XII Footwear, Headgear, Umbrellas 10.3 117 41 9   67 
XIII Articles of Stone, Plaster, Cement 3.4 214 110 89 4 11  
XIV Natural and Cultured Pearls 1.6 68 52 5 11   
XV Base Metals & Articles thereof 3.2 805 405 102 60 238  
Table III.4 (Cont'd)  WT/REG229/1 
Page 32  
 
   
No of lines duty-free under the 
Agreement in: HS section and description MFN 
average 
% Total 
No of lines  MFN Duty 
Free 
2006 2008 2010 2015 
XVI Machinery & Mechanical Appl. 3.8 1,121 497 545 3 76  
XVII Vehicles, Aircraft, Vessels 5.3 235 101 64  70  
XVIII Optical, Photographic Equipment 1.0 260 211 49    
XIX Arms and Ammunition 2.6 39 22 17    
XX  Misc. Manufactured Articles 5.2 190 48 87 32 21 2 
XXI Works of Art 0.0 7 7     
Total 3.5 7,237 4,238 1,716 114 508 661 
Source:  Data provided by New Zealand. 
(f) Singapore's liberalization schedule 
46. At entry into force of the Agreement, all but  six of Singapore's tariff lines were duty-free on 
an MFN basis.  Duties on these six lines were eliminat ed as of the date of entry into force of the 
Agreement. 
47. Table III.5 shows Singapore's liberalization co mmitments under the Agreement organized by 
HS section product categories.  The six lines not al ready duty-free on an MFN basis fall in Section IV, 
prepared food. 
Table III.5 
Singapore: Tariff  elimination under the Agreement, by HS section 
 
No of lines liberalized under 
the Agreement in: HS section and description MFN 
average 
% Total 
No of lines  MFN Duty 
Free 
2006 
I Live Animals; Animal Products 0.0 338 338  
II Vegetable Products 0.0 388 388  
III Animal or Vegetable Fat and Oils 0.0 151 151  
IV Prepared Foodstuffs, Beverages 0.0 417 411 6 
V Mineral Products 0.0 212 212  
VI Products of Chemical or Allied Industries 0.0 1,287 1,287  
VII Plastics and Articles thereof, rubber 0.0 588 588  
VIII Raw Hides and Skins, Leather 0.0 112 112  
IX Wood and Articles of wood 0.0 253 253  
X Pulp of Wood 0.0 271 271  
XI Textiles and Textile Articles 0.0 1,185 1,185  
XII Footwear, Headgear, Umbrellas 0.0 74 74  
XIII Articles of Stone, Plaster, Cement 0.0 221 221  
XIV Natural and Cultured Pearls 0.0 77 77  
XV Base Metals & Articles thereof 0.0 1,161 1,161  
XVI Machinery & Mechanical Appl. 0.0 2,202 2,202  
XVII Vehicles, Aircraft, Vessels 0.0 1,026 1,026  
XVIII Optical, Photographic Equipment 0.0 398 398  
XIX Arms and Ammunition 0.0 28 28  
XX  Misc. Manufactured Articles 0.0 287 287  
XXI Works of Art 0.0 12 12  
Total 0.0 10,688 10,682 6 
Source:  Data provided by Singapore. 
2. Rules of origin 
48. Disciplines regarding rules of origin are set out in Chapter 4 of the Agreement.  Article 4.1 
defines the terms used and Articles 4.2-4.12 provid e the substantive rules.  The procedures designed 
to administer and enforce the rules of origin are set out in Articles 4.13-4.18 and in Chapter 5 
(Customs Procedures).  WT/REG229/1 
 Page 33 
 
 
  49. Unless otherwise indicated, a good is considered  as originating when it is (Article 4.2): 
(a) wholly obtained or produced entirely in the territory of one of the Parties;21 or 
(b) produced entirely in the territory of on or  more Parties from materials whose origin 
conforms to the provision of the Chapter; or  
(c) produced in the territory of one or more Pa rties, using non-originating materials that 
conform to a change in tariff classification (CTC), a regional value content (RVC), or 
the requirements specified in Annex II and the good meets the other applicable provisions of the Chapter. 
50. The Agreement does not provide for a single rule of origin;  rather it lists (Annex II) specific 
criteria that non-originating materials have to meet  for a good incorporating such materials to acquire 
originating status (See Annex II for the detailed rules). 
51. The specific rules are normally detailed at the HS heading level (4-digit), although rules 
applicable to HS subheadings (6-digit) are frequent .  The CTC can be considered as the regime-wide 
rule of origin.  The CTC criterion may require a change of HS chapter (CC);  HS heading (CTH);  or HS subheading (CTSH).  In many cases, a regional value content (RVC) test figures as an alternative 
rule to the CTC criterion.  The RVC test establis hes the minimum value of originating materials 
needed in the final product for it to be granted or iginating status, expressed as a percentage of the 
overall FOB value of the product.  The standard RVC is 45%, except for textiles, clothing and 
footwear where RVC is set at 50%;  for these products  the 50% RVC test is required in addition to the 
CTC;  in some instances (Chapters 61 to 63 – apparel and clothing accessories) the CTC-RVC combination is supplemented with a working or processing requirement.  Outward processing is 
allowed for a specified list of products;  Parties c hoosing to utilize this optio n have to meet an RVC 
45% threshold test (See paragraph 52).  Notwithstanding the applicable line-by-line rules, goods classified under Chapters 15 (animal or vegetable fats and oils products) and 27 to 40 (mineral, 
chemicals and plastic products) will be considered  as originating if they meet the corresponding 
technical rule as defined in Annex II. 
52. Article 4.4 lists the minimal operations or processes that do not confer origin;  these include 
operations such as preservation of products, packi ng and repacking, and labelling.  Article 4.5 
provides for cumulation, in terms of goods or materials, among the Parties. This includes cumulation of production processes undertaken on goods and material s originating in the Parties and conducted in 
any one or more of the Parties.  The Agreement does not contain a specific reference to the "absorption principle", however, within the TPSEP if  the non-originating materials acquire originating 
status by meeting the specified processing requirements (whether they are a CTC requirement or an 
RVC threshold requirement) then those materials w ill be considered to be originating and 100% of 
their value will be counted when incorporated into a final product.   Article 4.6 establishes a 
de minimis principle whereby a good that does not c onform to a CTC, pursuant to the provisions of 
Annex II, will be considered as originating provided that the value of all the non-originating materials 
does not exceed 10% of the transaction value of the good.  Article 4.12 allows outward processing for 
a specified list of products as set out in A nnex 4.B (mostly machinery and appliances).  
Notwithstanding the specific rules set out in A nnex II, these products undergoing processing in a 
non-party prior to final manufacture in a Party will be  considered as originating provided that the total 
value of non–originating materials does not exceed  55% of the customs value of the final good. 
                                                     
 
21 This concept applies to goods that are entirely grow n, fished or mined in the territory of a Party, or 
lawfully taken by a person of a Party, as well as to recovered goods and waste and scrap derived from 
production in the territory of the Parties. WT/REG229/1 
Page 34  
 
  53. Additional rules in Articles 4.7-4.10 clarify ho w certain materials (standard accessories, spare 
parts or tools;  packaging materials and containers ; and indirect materials) are to be treated/valued 
when determining the origin of goods .  Article 4.11 sets out the rules applicable to the transit of goods 
through non-parties. 
Box III.1  Rules of Origin:  Basic Features at a Glance 
• No single rule of origin methodology 
• Product specific rules criteria: 
− Wholly obtained or entirely produced goods 
− In general, CTC at the chapter, heading, or subheading level 
− In many cases RVC at 45% figures as an alternative rule to CTC; for textiles, apparel and footwear 
RVC at 50% is required in addition to the CTC rule.  For a specified list of products the option of 
outward processing is available provide an RVC 45% threshold is achieved. 
− A technical rule applies to products cla ssified under Chapters 15 and 27 to 40. 
• Bilateral cumulation. 
• De Minimis principle:  value of non-originating materials can represent a maximum of 10% of the 
transaction value of the good. 
• Absorption principle.  
• Outward-processing authorized with resp ect to a specified list of products. 
• Transit through third parties authorized under certain conditions. 
 
3. Export duties and charges, and quantitative restrictions 
54. All the fees charged in connection with the e xport of goods must be consistent with the 
Parties' obligations under the GA TT 1994;  a current list of these fees must be made available on the 
Internet (Article 3.9). 
55. Article 3.10 of the Agreement provides that no Pa rty may adopt or maintain any duty, tax, or 
other charge on the export of any goods to the other Parties unless such duty, tax or charge is applied 
to goods destined for domestic consumption. 
56. The Parties agree to eliminate, as of entry into force of the Agreement, all forms of export 
subsidy for agricultural goods destined for the othe r Parties and to prevent the reintroduction of such 
subsidies in any form (Article 3.11). 
A. REGULATORY PROVISION S ON TRADE IN GOODS  
1. Standards 
(a) Technical barriers to trade 
57. Chapter 8 lays down the provisions applying to t echnical barriers to trade (TBT).  The aim of 
the Chapter is to increase and facilitate trade among the Parties through the elimination of unnecessary TBT among the Parties and the establishmen t of a framework for enhanced cooperation 
on such issues.  The Parties agree to fu rthering the implementation of the WTO Agreement on 
Technical Barriers to Trade  (TBT Agreement);  to build on th e work of APEC on standards and 
conformity;  and to intensify their joint work in the field of standards, technical regulations and 
conformity assessment procedures.  In particular, th e Parties agree to use international standards, 
where they exist, as the basis for their techni cal regulations and related conformity assessment  WT/REG229/1 
 Page 35 
 
 
  procedures (Article 8.7)22 and to give positive consideration to accepting as equivalent each other's 
technical regulations and accepting the results of each other's conformity assessment procedures (Article 8.9);  the latter also includes national treatment in the accreditation of each other's conformity assessment bodies. 
58. For the purposes of this Chapter, the Par ties have established a Committee on Technical 
Barriers to Trade (the Committee) responsible for implementing and monitoring the operation of the 
Chapter (Article 8.11).  In particular the Comm ittee will serve as a forum for technical cooperation 
and exchange of information on TBT matters, iden tify priority sectors for enhanced cooperation and 
establish, coordinate and monito r work programmes among others.
23  The Committee will meet at 
least once a year.  The Parties may also conclude  annexes to the Chapter setting out principles and 
procedures relating to technical regulations and conformity assessment and implementing 
arrangements (Article 8.13). 
59. The Chapter further includes provisions relating to  transparency obligations (Article 8.10) and 
technical consultations (Article 8.12).  The latter shal l take place at the request of a Party and shall be 
aimed at resolving any matter arising under the Chapte r;  such consultations are without prejudice to 
the rights and obligations of the Parties under the Agreement's Dispute Settlement mechanism. 
(b) Sanitary and phytosanitary measures 
60. Chapter 7 establishes a framewor k to facilitate trade among the Parties by enhancing their 
cooperation on sanitary and phytosanitary (SPS) ma tters.  Its main objectives are to further the 
implementation of the WTO SPS Agreement and app licable international standards developed by 
relevant internati onal organizations;24  to establish procedures for the resolution of SPS issues among 
the Parties;  and to establish a mechanism for the recognition of equivalence of the Parties' 
SPS measures including recognition of disease/pest-free status. 
61. The Parties have agreed to put in place eight Implementing Arrangements setting out the 
detailed procedures for the recognition of equivale nce and disease/pest-free status including audit and 
verification procedures, import checks and certification.25  The Committee on SPS, established under 
Article 7.4, shall consider any matters relating to  the implementation of the Chapter including the 
development, adoption, review and modification of the Implementing Arrangements.  The Committee 
is to meet within one year of the entry into force of the Agreement and at least once annually 
thereafter (Article 7.4:2). 
62. Transparency provisions are addressed in Artic les 7.10 and 7.12 dealing respectively with 
notification obligations and exchange of informati on.  Consultations aimed at resolving issues of 
application and interpretation of m easures covered in the Chapter shall take place at the request of a 
Party;  such consultations are without prejudice to  the rights and obligations of the Parties under the 
                                                      
22 The Parties agree to apply the decision of the WTO Committee on TBT set out in G/TBT/1/Rev.8, 
23 May 2002, Section IX " Decision of the Committee on Principles  for the Development of International 
Standards, Guides and Recommendations with relatio n to Articles 2, 5 and Annex 3 of the Agreement".  
23 In a side letter to the Chapter the Parties have agreed that work programmes will initially be 
established on electrical safety and electro magnetic compatibility of electrical and electronic equipment; 
grading programmes for the purposes of marketing beef; and shoe labelling. 
24 The relevant definitions developed by the International Office of Epizootics  (OIE), the International 
Plant Protection Convention  (IPPC), and the Codex Alimentarius  Commission apply in the implementation of 
the Chapter (Article 7.1:3). 
25 To date, the Parties have concluded SPS Implementing Arrangements 1 and 8 dealing respectively 
with Competent Authorities and Contact Points and Procedures for Determination of Equivalence as part of the 
Agreement. The remaining implementing arrangements have still to be concluded. WT/REG229/1 
Page 36  
 
  Agreement's Dispute Settlement mechanism (Article 7. 13).  The Parties agree to further cooperate on 
SPS matters of mutual interest, including matter s relating to primary industry as indicated in 
Chapter 16 and its accompanying Implem enting Arrangement (Article 7.14). 
2. Safeguard mechanisms 
(a) Global Safeguard Measures 
63. According to Article 6.1, the Parties retain their rights and obligations under Article XIX of 
GATT 1994 and the WTO Agreement on Safeguards.  The Agreement confers no additional rights to 
the Parties except an obligation to advise each othe r of the initiation of a global safeguard action and 
the reasons for it (Article 6.1:3).  With respect  to trade between New Zealand and Singapore, the 
existing provisions under the ANZSC EP prevail (See paragraph 128).
26 
(b) Special Agricultural Safeguard Measures 
64. Article 3.13 of Chapter 3 allows Chile to appl y a quantity-based transitional safeguard to a 
limited number of sensitive agricultu ral products listed in Annex 3B.27  Chile may impose the measure 
in the form of an additional customs duty28 if the quantity of imports of the good during any semester 
exceeds the trigger level correspondi ng to that specific semester.29  The safeguard measures may be 
maintained only until the end of the semester in ques tion and may not be applie d on a good (a) that is 
subject to other safeguard measures; and (b) prio r to and following completion of the scheduled 
phase-out period of the tariff on the good.30  Chile must notify the Parties in writing within 
ten working days of the implementation of such act ion.  The operation of Article 3.4 may be subject 
to review in the Committee on Trade in Goods. 
Table III.6 
Chile' quantity-based safeguard for specified agricultural goods 
Trigger 
Basket Qt. tons No. of lines 
HS-8 digit  HS Sub-
Chp. Description Safeguard measure 
1 130.9 18 
2 6.3 1 
3 32.2 2 
4 2.8 1 
5 0.7 1 0402 milk and cream, concentrated or sweetened 
0403 buttermilk, yogurt, kephir etc, flavoured etc or 
not 6 182 2 
0404 whey & milk products nesoi, flavoured etc. or 
not 
7 280 2 
8 4.2 1 0405 butter and other fats and oils derived from milk 
9 101.5 6 0406 cheese and curd Additional duty not to exceed 
the lesser of: 
• the prevailing MFN 
applied rate 
• the base rate 
 
                                                      
26 Article 8 of the ANZSCEP stipulates that Singapore and New Zealand shall not have recourse at any 
time to safeguard actions on or iginating imports from each othe r (See WTO document WT/REG127/1). 
27 Annex 3B list 34 dairy products at the HS-8 digits level. 
28 The additional duty shall not exceed  the lesser of the prevailing MFN applied rate or the base rate. 
29 The semesters run from January 1 to June 30 and July 1 to Decembe r 31 for each year.  The trigger 
levels are subject to an annual growth of 8%. 
30 The 6% duty applicable to the goods listed in An nex 3B benefits from a grace period until 2012.  The 
safeguard measure may only be applied during the phase out period from 2013 to 2017.  WT/REG229/1 
 Page 37 
 
 
  (c) Measures to Safeguard the Balance of Payments 
65. Article 19.3 provides that where a Party is in serious balance of payments difficulties it may 
adopt or maintain restrictive measures on trade in goods and in services including on payments and transfers.  Such restriction shall be consistent with the conditions established in the WTO Agreement 
and consistent with the Articles of Agreement of the International Monetary Fund . 
3. Anti-dumping and countervailing measures 
66. According to Article 6.2, the Parties retain th eir rights and obligations under Article VI of 
GATT 1994 and the WTO Agreements on Anti-Dumping  and Subsidies and Countervailing Measures .  
The Agreement confers no additional rights to the Pa rties with regards to actions taken pursuant to 
either of these agreements.  With respect to tr ade between New Zealand and Singapore, the existing 
provisions under the ANZSCEP on anti- dumping prevail (See paragraph 128).
31 
4. Subsidies and State-aid 
67. The Parties agree to eliminate, as of entry into force of the Agreement, all forms of export 
subsidy for agricultural goods destined for the othe r Parties and to prevent the reintroduction of such 
subsidies in any form (Article 3.11). 
5. Customs-related procedures 
68. Chapter 5 of the Agreement deals with custom s procedures.  The Chapter aims at ensuring 
that customs procedures are predictable, consistent  and transparent;  and that they facilitate trade 
(Article 5.2).  To the extent possible, the Parties'  customs procedures shall conform with the standards 
and practices of the World Customs Organization  including the principles of the International 
Convention on the Simplification and Harmonization of Customs Procedures  (Article 5.4). 
69. Article 5.5 sets out provisions on cooperation in  customs matters.  The Parties endeavour to 
provide information on the implementation of the Chapter; application of the Customs Valuation 
Agreement,32 investigation and prevention of customs offences;  development of customs best 
practices; and simplification of customs procedures among others. 
70. Article 5.7 provides that importers and exporters  from the Parties may seek advance rulings in 
respect of the tariff classification and origin of goods and whether goods after repair and alteration 
would qualify for re-entry free of customs duty.  The Parties must issue an advance ruling within 
60 days of the receipt of all necessary information.  They also ensure that importers have the right to 
an administrative review of the determinations by customs authorities and a judicial review at the end 
of the administrative process.  Other provisions d ealing with paperless trading, express consignments, 
penalties, risk management, release of goods, enquir y points and confidentiality are dealt with in 
Articles 5.10 -5.16 respectively. 
                                                      
31 Article 9 of the ANZSCEP makes changes to the WTO Agreement on Implementation of Article VI 
of the GATT 1994 to tighten the thresholds before anti-dumping investigations can be commenced or imposed.  
In particular, the de minimis dumping margin is raised from 2% to 5%, and the margin of dumped imports normally regarded as negligible is increased from 3% to 5%;  furthermore, the period for review and/or 
termination of anti-dumping duties provided for under the WTO Agreement on Anti-Dumping  is reduced from 
five years to three years (S ee WTO document WT/REG127/1). 
32 Article 5.6 provides that the Parties shall determ ine the customs value of goods in accordance with 
the provisions of Article VII of GATT 1994 and the Customs Valuation Agreement. WT/REG229/1 
Page 38  
 
  71. Customs procedures related to rules of orig in are detailed in Articles 4.13-4.18, and 
Annexes 4.C and 4.D.  These lay out disciplines fo r documentation requirements, and verification of 
and decision on origin.  A claim for preferential treatm ent must be supported by either a declaration of 
origin on the export invoice (declaration) (Annex 4.C)  or a certificate of origin (Annex 4.D);  both 
documents have to be issued by the exporter or producer (Article 4.13).  An importing Party may not 
require either document where the customs valu e of the goods does not exceed US$1,000.  The 
importing Party may address a written request for verifi cation of origin to the importer or the exporter 
through the customs administration of the exporting Pa rty.  Should such a request fail to determine the 
origin of the goods, the importing Party may request to visit the premises of the exporter or producer 
(Article 4.16).  The importing Party may deny pref erential treatment if the goods do not meet the 
requirements of Chapter 4 (Rules of Origin);  if the exporter or producer fail to reply in full to 
questions by the importing Party within 60 days of the request or do not agree to a visit of their premises within 30 days of the request;  or if the customs administration of the exporting Party is 
unable to comply with a request for origin verificati on or fails to respond to such a request within 90 
days (Article 4.17).  Other provisions include the requirement by the Parties to provide penalties for 
false declaration, certification, or documentation re lated to origin (Article 4.14) and to maintain 
records relating to exportation a nd importation (Article 4.15). 
6. Sector-specific provisions on trade in goods 
72. The only sector specific provisions in goods are those applying to Chile with respect to 
special agricultural safeguard measures (see paragrap h 64) and those tariff lines subject to the "sugar 
treatment". 
73. Chile subjects imports from the Parties which fall under a few specific tariff lines to "sugar 
treatment" which is based on a trade surplus me chanism (see Table III.7).  According to this 
mechanism, the preferential duty applicable to any of the tariff lines in question is applied only in 
cases where a Party has a global trad e surplus in respect of those tariff lines.  Thus, should a Party 
experience in any give year a global trade surplus in  the tariff lines covered, then the preferential duty 
will apply to a quantity of goods equal to the amount of the trade surplus by volume.
33  The trade 
surpluses of the Parties will be calculated us ing the most recent annual data available. 
Table III.7:  Chile's sugar mechanism applying to specific imports from the Parties 
HS Sub-
Chp. No. of lines 
HS-8 digit Description MFN
rate Phase-
out Trigger Tariff treatment 
1701 6 cane or beet 
sugar 98 2015 
2106a 1 food preparations 
nesoi 6 Entry into 
force Global trade surplus in any of 
the Parties in all of the HS-8 
digit lines in any given year  Preferential duty applies to 
the quantity of goods equal to 
the trade surplus 
a Only applies to goods classified under this tari ff item which contain over 65%  sugar in dry weight. 
 
Source:  Chile's authorities. 
 
 
IV. TRADE IN SERVICES 
1. Scope and definitions 
74. Chapter 12 sets out the provisions governing trade in services among the Parties.  The 
provisions of the Chapter apply to Chile, New Ze aland and Singapore and are waived initially for 
Brunei (Article 20.5).  In accordance with the conditio ns of its entry to the Agreement, Brunei has two 
                                                      
33 With respect to HS 2106.90.90 , the "sugar treatment" only applies to goods classified under this tariff item 
which contain over 65% sugar in dry weight.   WT/REG229/1 
 Page 39 
 
 
  years from entry into force of the TPSEP to negotiate  its services schedule and it will not benefit from 
the services commitments made by the other Par ties until the conclusion of such negotiations.34  In the 
case of New Zealand and Singapore, the Trans-Pacific SEP builds upon their existing agreement on a Closer Economic Partnership (ANZSCEP).  The latter remains in force so that service suppliers from 
either Party may take advantage of the provi sions of either Agreement (See paragraph 128).
35 
75. The objectives of the services Chapter are to faci litate the expansion of trade in services 
among the Parties under conditions of transparency a nd progressive liberalization (Article 12.2).  It 
applies to measures affecting trade in services adopted  or maintained by central or local governments 
and authorities of the Parties; and non-governmental  bodies in the exercise of powers delegated by 
central or local government or authorities.  The provisions of Chapter 12 do not apply to the 
following: financial services (as defined in Anne x 12.A);  government procurement;  services 
supplied in the exercise of governmental authority;  subsidies or grants provided by a Party or a state 
enterprise;36  measures affecting natural persons seeking access to the employment market of a Party;  
and measures regarding citizensh ip, nationality, residence or employment on a permanent basis 
(Article 12.3:2).  Article 12.3:3 further excludes air transport services except for i) aircraft repair and 
maintenance when an aircraft is withdrawn from services, ii) selling and marketing of air transport 
services, iii) computer reservation system services, iv ) specialty air services, and v) international air 
transport services as set out in the Multilateral Agre ement on the Liberalization of International Air 
Transportation (MALIAT).37  Chapter 19 lists some genera l exceptions related to services 
(See paragraph 120). 
76. Article 12.1 contains definitions applying to measures adopted or maintained by a party 
affecting trade in services;  Chapter 2, contains ot her general definitions whic h are relevant to services 
trade.  Trade in services is generally defined as the supply of a service through the four modes of delivery provided by the GATS.
38  A "service supplier" of a Party is defined as a "person of a Party" 
that seeks to supply or supplies services.  In turn  the Agreement defines a "person of a Party" as a 
national or enterprise of a Party;  a "national" means a natural person who has the nationality of a 
Party - in accordance with Annex 2.A – or who is a perm anent resident of a Party.  An "enterprise of a 
Party" means an enterprise constituted or  organized under the law of a Party. 
77. Investment, is understood as services delivered th rough a "commercial pres ence".  Investment 
in areas other than services as well as financial ser vices are outside the scope of the Agreement;  
however, the Parties have committed to commence negotiations with a view to including in the 
Agreement chapters on investment (Article 20.1)  and financial services (Article 20.2) within 
two years after entry into force of the TPSEP.39  Investors from New Zealand and Singapore can use 
the investment provisions under the ANZSCEP. 
                                                      
34 Brunei's flexibilities under the Agreement are contai ned in Article 20.5 and the Ministerial Letters 
setting out Brunei's participation.  See paragraph 121. 
35 The ANZSCEP takes a "positive-list" approach to listing services commitments;  furthermore it 
contains a chapter on "Investments" (Chapter 6). 
36 According to Article 12.14, the Parties will review  the issue of disciplines on subsidies on trade in 
services in the light of any disciplines agreed under Artic le XV of GATS with a view to their incorporation into 
the Agreement. 
37 Rights and obligations under the MALIAT shall pr evail in the event of inconsistencies between it 
and the Agreement (Article 12.3:3(e)). 
38 Article 12.1 reproduces the GATS modes of supply but with slight variations in the terms utilized;  
i.e.  the modes "consumption abroad" and "presence of na tural person" refer respectively to "person of a Party" 
and "national of a Party". 
39 According to the Parties' authorities, these negotiations are currently underway. WT/REG229/1 
Page 40  
 
  78. The Chapter contains obligations on market  access, national treatment, local presence and 
most-favoured nation (MFN) treatment;  the Agreemen t follows a "negative-list" approach whereby 
these obligations apply to all covered services sectors in  all modes of supply, except to the extent that 
reservations for existing non-conforming measures and for 'future' measures have been listed in the 
Parties' services schedules found in Annexes III and IV. 
79. Article 12.9 provides that the Parties will consult within two years of entry into force of the 
TPSEP and at the latest every three years thereafter to review the implementation of the Chapter and 
consider other trade in services issues of mutual interest. 
2. Denial of benefits 
80. Under Article 12.12, and subject to prior notifi cation and consultation, a Party may deny the 
benefits of the Chapter to service suppliers of anot her Party where the service is being supplied by an 
enterprise owned or controlled by persons of a non-Party and the enterprise has no substantive 
business operations in the territory of any Party.  Be nefits can also be denied by a Party where the 
service is being supplied by an ente rprise owned or controlled by pers ons of the denying Party and the 
enterprise has no substantive business operations in the territory of other Parties.   
3. General provisions on trade in services 
(a) Market access 
81. Article 12.6 prohibits Parties from adopting or ma intaining any of 5 types of limitations: on 
the number of services suppliers, total value of tran sactions, total number of operations, total number 
of natural persons employed, and measures that restrict  or require specific types of legal entity or joint 
venture.  The Article is along the lines of Article  XVI:2 of the GATS, excep t that Article XVI:2(f) on 
limitations on the provision of foreign capital is omitted. 
(b) National treatment 
82. Under Article 12.4 on national treatment, each Party agrees to accord to services and service 
suppliers of another Party treatment no less favourable than that it accords, in like circumstances, to 
its own services and service suppliers. 
(c) Most Favoured Nation (MFN) treatment 
83. Article 12.5 on the MFN principle requires that each Party accord to services and service 
suppliers of another Party treatment no less favourable than that it accords, in like circumstances, to 
services and service suppliers of a non-Party.  Parties can derogate from this obligation with respect to 
recognition by a Party of education or experien ce obtained, requirements met, or licenses or 
certifications granted, in the territory of a non-party as foreseen in Article 12.11.
  Other derogations to 
the MFN obligation are contained in the Par ties' schedules on non-conforming measures in 
Annexes III and IV. 
(d) Local presence 
84. Under Article 12.7 on local presence no Party may require a service supplier of another Party 
to establish or maintain a representative office or an y form of enterprise in its territory, or to be 
resident, as a condition for the supply of a service.   WT/REG229/1 
 Page 41 
 
 
  (e) Non-conforming measures 
85. The services Chapter adopts a negative-list appr oach to the scheduling of liberalization 
commitments, so that the obligations of national and MFN treatment, market access and local presence apply fully, except to the extent that reserva tions are listed in relevant annexes.  Annex III 
contains the Parties' reservations  with respect to existing non-confor ming measures at the central level 
of government.  Existing non-conforming measures at the local level of government are not listed, 
although they are nevertheless bound, meaning they can be maintained but that new non-conforming 
measures, or more restrictive ones, cannot be intr oduced.  The measures listed in Annex III are subject 
to the "ratchet" clause (Article 12.8:1) so that if a Party unilaterally amends or repeals any such 
existing non-conforming measure with the effect of  making it more liberal, such liberalization is 
bound and becomes its new level of commitment towards the other Parties.  Each entry in the Annex 
contains the following elements:  the services sect or and sub-sector to which the reservation relates
40;  
the obligation(s) against which a reservation is ta ken;  a description of the non-conforming measure, 
and an indication of whether the reservation relates to cross-border trade in services (meant to refer to 
modes 1, 2 and 4) and/or to "investment" (meant to refer to mode 3). 
86. Annex IV sets out the sectors, sub-sectors, or activities for which a Party may maintain 
existing, or adopt new or more restrictive, measur es that do not conform to the obligations of national 
treatment, MFN treatment, market access, or local presence (Article 12.8:2).   
87. Tables IV.1 to IV.6 list the Parties' reserva tions with respect to existing non-conforming 
measures and future measures. 
4. Liberalization commitments 
(a) Chile 
88. While Chile's commitments under the Trans-Paci fic Agreement cover in principle all sectors 
except financial services, its GATS commitments cover less than a third of all services sub-sectors identified by the Services Sectoral Classificati on List, and include business services (mainly some 
professional and rental/leasing services), telecomm unications (some basic and some value-added 
services), financial services, tourism services, and some air transport-related services. 
(i) Reservations that Apply to All Sectors 
89. Chile has undertaken a number of reservations  applying to all covered sectors, both for 
existing (Annex III) and future (A nnex IV) non-conforming measures.  For example, horizontal 
reservations in Annex III allow Chile to require that  at least 85% of employees working for a Chilean 
employer be Chilean nationals.  However, this  does not apply to employers with less than 
25 employees, nor to specialized technical personnel that cannot be replaced by nationals.  Under 
Annex IV, Chile took reservations c oncerning national treatment in relati on to the transfer or disposal 
of assets by government entities or state enterprises, as  well with respect to the granting of preferences 
to socially or economically disadvantaged minoriti es and indigenous people.  It also reserved the 
ability of maintaining or introducing any measure wh ich is not inconsistent  with the obligations 
undertaken under GATS Article XVI (Market Acc ess).  For sectors uncommitted under the GATS, 
this means that only Article XVI limitations that are non-discriminatory can be adopted or maintained.   
Other reservations relate to foreign ow nership of coastal and frontier lands. 
                                                     
 
40 The services sector description is based on th e WTO Services Sectoral Classification List (see 
WTO Document MTN.GNS/W/120) as well as the UN's Provisional Central Production Classification (CPC). WT/REG229/1 
Page 42  
 
  90. Chile also took an MFN reservation applying to all sectors, whereby it reserved the right to 
give preferential treatment to countries under any in ternational agreement preceding the Trans-Pacific 
Agreement.  For future international agreements, it reserved the right to grant preferential treatment 
for aviation, fisheries, and maritime matters. 
(ii) Sector-Specific Liberalization Commitments 
91. With regard to telecommunication services, Ch ile reserves the provision of communication 
services only to Chilean nationals or juridical pe rsons incorporated in Chile whose president, 
administrators or legal representatives are Chilean na tionals.  A few additional restrictions apply to 
audiovisual services  - a sector uncommitted to in  Chile's GATS schedule.  Licenses for radio 
broadcasting services are subject to reciprocity re quirements, and can only be granted to juridical 
persons established in Chile and whose president, managers, or legal representatives are Chilean 
nationals.  This latter requirement also applies to cab le and over-the-air televisi on broadcasting.  Chile 
also reserved the right to require that 40% of pr ogrammes broadcast through open television channels 
be local productions.  It has also taken a broad reser vation for future measures in relation to satellite 
broadcasting of digital television, audio, and supplementary telecommunication services. 
92. With regard to maritime transport services - a sector in which it has no GATS commitments - 
Chile has scheduled a number of reservations under A nnex III.  In particular, only a Chilean natural or 
juridical person can register a vessel in Chile.  Su ch a person must be cons tituted with its principal 
domicile and effective seat in Chile, with 50% of its  capital held by nationals , and with its president, 
manager and the majority of its directors of Ch ilean nationality, although certain exceptions are 
permitted, including for reasons of re ciprocity.  Nationality requirements  also apply to ship crews.  
Cabotage is reserved for Chilean vessels, although some exceptions are for eseen.  Chile also has a 
reservation that shipping agents and representatives of  ship operators be nationals.  In the case of a 
juridical person, 50% of the capital must be owne d by nationals and the chairman, administrators, 
managers or directors must be Chileans.  Persons involved in unloading or otherwise using ports must 
also be nationals (i.e. Chilean natural or juridical persons). 
93. Among its other scheduled reservations, Chile r eserves the right to adopt or maintain any 
measure with respect to health care and public edu cation services for reasons of public interest.  Other 
services subject to reservations include construction and environmental services; services incidental to 
agriculture, hunting, forestry and fishing; custom brokers; investigation and security services; research 
and development services; legal and financial auditing professiona l services; and air and land  
transport. 
Table IV.1 
Non conforming measures listed by Chile in Annex III 
Sector CPC Obligations Mode Description 
All  NT I Restrictions on ownership over State land 
All  NT/LP CBS Nationality requirement (85% of employees) for 
employers with more than 25 employees 
Communications  NT/MFN/LP CBS/I Nationality  requirement - possible requirement to 
include Chilean programs (40%) on public TV channels 
Energy 12, 13, 14, 16 NT I Concessions determined by a supreme decree of the 
President of the Republic 
Mining 13, 14, 16 NT I Concessions determined by a supreme decree of the 
President of the Republic 
Fisheries aquaculture 04 NT I Nationality /residency/establishment requirements 
Fisheries 04 NT/MFN/LP CBS/I  Nationality/residency/establishment requirements; 
To register a vessels nationality requirement or  establishment requirement for juridical persons plus nationality requirement for boa rd of directors and 50% 
of domestic capital 
Table IV.1 (Cont'd)   WT/REG229/1 
 Page 43 
 
 
  Sector CPC Obligations Mode Description 
Sports, industrial fishing and 
hunting, and recreational svcs 881, 882, 
96499 LP CBS Registration requirement 
Specialized services: 
customs agents and brokers 748, 749 NT/LP CBS Nationality requirement 
Specialized services: private 
armed security guards 873 NT CBS Nationality requirement 
R&D services 851, 853, 882 NT CBS Application requirement 
R&D services 851, 853, 8675 NT CBS Authorization requirement 
R&D svcs in social sciences 86751 NT CBS App lication requirement plus collaboration with a 
Chilean institution 
Printing, publishing 88442 NT/MFN/LP  CBS /I Nationality/residency requirements 
Professional services: 
external auditors of financial 
institutions 86211 NT/LP CBS Registration requirement 
Legal services 861 NT/MFN CBS Nationality requirement 
Legal services 861 NT/LP CBS Nationality/residency requirements 
Air transportation 734, 7469 NT/MFN /LP CBS/I Nationality requirement to register an aircraft;  
establishment requirement for juridical persons plus 
nationality requirement for board of directors and 
majority ownership 
Transportation - Shipping 721, 722 NT /MFN/LP CBS/I Nationality requirements to register a vessels;  
establishment requirement for juridical persons plus 
nationality requirement for boa rd of directors and 50% 
of domestic capital 
Transportation - Shipping 721, 722 NT /LP CBS/I Nationality requirement for shipping agents, owners and 
captains;  establishment requirement for juridical persons performing stowage and dockage work plus 
nationality requirement for boa rd of directors and 50% 
or more of domestic capital 
Land transportation 712 NT/MFN/L P CBS Nationality/application requirements – allowance for 
international land transpor tation to suppliers from 
Argentina, Bolivia, Brazil, Peru, Uruguay, and Paraguay subject to establishment and capital requirements. 
Land transportation 712 NT/MFN CBS Restrictions on the circulation of foreign motor vehicles 
Notes:  CBS: Cross-border services;  I: Investment;  LP: Local presence requirement;  MA: Market access restriction;  MFN: Rest riction 
 to MFN treatment;  NT: National treatment restriction. 
Source:  Annex III of the TPSEP Agreement. 
Table IV.2 
Non conforming measures listed by Chile in Annex IV 
Sector Obligations Mode Description 
All NT I Any measure relating to the ownership/control of agricultural land 
All NT I In the transfer/dispos al of interest in stock or asset in state enterprise or 
governmental entity, reservation to prohibit or impose limitations on the 
ownership of said interest or assets and on the right of foreign investors to 
control any State company 
All MFN CBS/I Reservation about right to adopt or maintain any measure according 
differential treatment to countries under any bilateral or multilateral 
international agreement in force or signed prior to the date of  entry into force 
of the Agreement (Trans-pacific SEP) 
All MA CBS/I Any measure consistent with GATS Article XVI 
Communications NT/MFN/LP CBS/I Any measure related to investments of investors of  another Party or cross 
border trade in services in one-wa y satellite broadcasting of digital 
telecommunication services 
Issues involving minorities NT/MFN/LP CBS /I Any measure according rights or pref erence to socially or economically 
disadvantaged minorities 
Issues involving indigenous peoples NT/MFN/LP CBS/I Any measure denying investors or service providers of another Party any 
rights or preferences provi ded to indigenous peoples 
Education NT/MFN/LP CBS Any measures relating to na tural persons rendering educational services.  Not 
applicable to second-language training, corporate business, industrial training 
and skill upgrading 
Government finances NT I Any measure relating to the acquisition, sale, or disposal by nationals of the 
Parties of bonds, treasury securities, or  any other type of debt instruments 
issued by the Central Bank or the Government of Chile 
Fisheries NT/MFN CBS/I Right to control foreign fishing activities and the use of beaches for the 
issuance of maritime concessions 
Table IV.2 (Cont'd)  WT/REG229/1 
Page 44  
 
  Sector Obligations Mode Description 
Cultural industries MFN CBS/I Any measure according di fferential treatment to countries under any existing 
or future bilateral or multilateral intern ational agreement, such as audiovisual 
cooperation agreements 
Social services NT/MFN/LP CBS/I Any measure with re spect to the provision of public law enforcement and 
correctional services and other services  of public interest (see Annex IV-CL-
11 for list) 
Environmental services NT/MFN/LP CBS Any measure imposing th e requirement that certain services related to sewage 
and refuse disposal be provide d by Chilean juridical persons 
Construction services NT/LP CBS Any measure with resp ect to construction services by foreign suppliers 
imposing requirements of residency, registration and/or local presence 
Notes: CBS:  Cross-border services;  I: Investment;  LP: Local presence requirement;  MA: Market access restriction;  MFN: Rest riction 
 to MFN treatment;  NT: National treatment restriction. 
 
Source:  Annex IV of the TPSEP Agreement 
(b) New Zealand 
94. While New Zealand's commitments under the Trans- Pacific Agreement cover, in principle, all 
sectors except financial services, its GATS commitments cover about 60% of all services sub-sectors in the Services Sectoral Classification List, includi ng most of the main sector groupings (business 
services, communication (telecoms and audiovisual), c onstruction, distribution, education, financial, 
tourism and transport (maritime, air, rail, road, and pipeline). 
(i) Reservations that Apply to All Sectors 
95. Like the other parties, New Zealand has schedul ed a number of horizontal reservations.  For 
example, under Annex III on existing non-conforming measures, it has taken a reservation in relation 
to its Overseas Investment Act, which requires pr ior approval from the government for investment in 
a number of activities by foreigners, e.g. commencem ent of business operations or acquisition of an 
existing business involving assets exceeding NZ$50 million.  A number of these screening thresholds 
are less stringent than under New Zealand's GATS commitments (i.e., investments subject to prior 
approval in the Agreement are often those ex ceeding NZ$50 million, instead of those over 
NZ$10 million as indicated in the GATS). 
96. New Zealand also has various horizontal limitations under Annex IV.  For instance, it 
reserved the right to take any measure with respect to services such as health, public education, public 
transport, or public utilities, to the extent that  these are social services established for a public 
purpose.  It also maintained full discretion to a dopt or maintain non-conforming measures in relation 
to water (except bottled water).  Along similar lines as Singapore, it scheduled reservations in relation 
to the divestment of government equity interest s in State owned or controlled enterprises, and 
reserved the right to take certain non-conformi ng measures when devolving services provided in the 
exercise of governmental authority.  New Zealand further reserved the ability to introduce measures 
regarding protected areas, and to impose nationalit y or residency requirements for the preservation of 
plant, animal and human life and health. 
97. Similar to Chile and Singapore, New Zealand reserves the right to adopt or maintain any 
measure that is not inconsistent with its  obligations under Article XVI of the GATS.
41  For sectors 
uncommitted under the GATS, this means that  only Article XVI limitations that are non-
discriminatory can be adopted or maintained. 
                                                      
41 A footnote to New Zealand's schedule in Annex IV (Annex IV-NZ-5), clarifies that the obligation 
not to decrease the conformity of the measure (Article 12.8:1(c)) does not apply with respect to New Zealand's 
market access entries in its schedule to Annex III.  WT/REG229/1 
 Page 45 
 
 
  98. New Zealand also took an MFN reservation for all sectors, reserving the right to give 
preferential treatment to countries under any intern ational agreement preceding the Trans-Pacific 
Agreement.  It also reserved the right to grant prefer ential treatment with respect  to aviation, fisheries, 
and maritime matters in futu re international agreements. 
(ii) Sector-specific Liberalization Commitments 
99. Apart from horizontal reservations, the majority of business services, including professional 
services, are free from limitations under the Agreement.  In professional services, legal services are unrestricted, except for publicly funded legal services a nd patent attorneys.  Ot her reservations relate 
to research and development services, technical test ing and analysis services, and services related to 
agriculture and fisheries. 
100. New Zealand's commitments on telecommunication services in the Agreement - along similar 
lines as under the GATS - provide for full liberalizati on, except that government approval is required 
for the shareholding of any single foreign entity in  the Telecom Corporation of New Zealand Limited 
to exceed 49.9%, and that at least half of the board of  directors of that Corporation must be nationals.  
With regard to audiovisual services, in which it also has GATS commitments, New Zealand reserves 
the right to adopt or maintain preferential co -production arrangements for film and television 
productions, and to take any measure to promote lo cal content on public radio and public television.  
Annex III also requires government approval for the acquisition of radio licenses by foreign 
governments. 
101. New Zealand lists no restrictions on any trans port services covered by the Agreement, except 
for maritime transport in which it reserved the right  to take any measures with respect to:  cabotage; 
the provision of certain port services; the establishm ent of registered companies for the purpose of 
operating a fleet under the national flag; the registra tion of vessels in New Zealand; and the regulation 
and entry of ship crews through the presence of natu ral persons.  Services auxiliary to all modes of 
transport, in which it has no GATS commitments, is also unrestricted under the Agreement. 
102. New Zealand also took commitments in recreati onal, cultural and sporting services, for which 
it has no GATS commitments, although with a numbe r of reservations under Annex IV, including 
gambling, cultural heritage of national value, and library and museum services. 
Table IV.3 
Non conforming measures listed by New Zealand in Annex III  
Sector CPC Obligations Mode Description 
All  NT I Requirement of annual audited financial statements  
All  NT I Approval requirement for listed investment activities 
Services relating to patents  NT/MA CBS/I Restri ctions on registration of qualified patent lawyers 
Services incidental to dairy 
and beef cattle farming 8812 NT CBS/I Reporting data requirement 
Postal 7511 NT/MFN/ 
MA CBS/I Reservation of Universal Postal Union designation for 
domestic operators 
Telecommunications services 7521, 7522, 7523, 
7525, 7529 NT/MA I Approval requirement for single overseas entity 
exceeding 49.9% of the shareholding.  Nationality requirement board of directors (50% domestic 
citizens) 
Audio-visual services 96131, 96133 NT/MA/LP CBS/I Approval requirement  for acquisition of licences or 
management rights to use radio frequency spectrum 
Distribution services 62111, 62112, 
62116, 62118, 6221, 62221, 62223, 
62226, 62229, 
62231, 62234 NT/MA CBS/I Establishment of statutory marketing organizations 
with monopoly or lesser powers over the exporting of certain products 
Notes: CBS: Cross-border services;  I: Investment;  LP: Local pr esence requirement;  MA: Market access restriction;  MFN: Restr iction 
 to MFN treatment;  NT: National treatment restriction. 
Source:  Annex III of the TPSEP Agreement. WT/REG229/1 
Page 46  
 
  Table IV.4 
Non conforming measures listed by New Zealand in Annex IV  
Sector Obligations Mode Description 
All NT/MFN/MA/LP CBS/I Any measure relating to pu blic law enforcement, correctional facilities and 
certain social services (see Annex IV-NZ-1 for list) 
All NT/MA/LP CBS/I Any measure relating to wa ter except wholesale trade and retail of bottled 
mineral, aerated and natural water 
All NT/MFN/MA/LP CBS/I Certain measures (see Anne x IV-NZ-3 for list) with respect to services 
provided in the exercise of governmental  authority at the time of the entry 
into force of the Agreement 
All NT/MFN/MA CBS/I Any measure regarding the sale of any share in  a enterprise that 
New Zealand wholly-owns or over which it has effective control 
All MA CBS/I Any measure consistent with GATS Article XVI 
All NT I Any measure that sets out a pproval criteria to categories of overseas 
investment (see Annex IV-NZ-6 for list) 
All MFN CBS/I Any measure according differential treatment to countries under any 
bilateral or multilateral international ag reement in force or signed prior to 
the date of entry into  force of the Agreement (Trans-pacific SEP) 
All NT/MA/LP CBS/I Any measure regarding the co ntrol, management or use of protected areas 
or species 
All (except listed sectors – see Annex IV-NZ-10) NT/MA/LP CBS/I Nationality or residency meas ures relating to animal welfare and the 
preservation of plant, animal and human life and health 
All  NT/MA CBS/I Any measure regarding the fore shore and seabed, internal waters, territorial 
sea, Exclusive Economic Zone, and for maritime concessions 
Legal services NT/MA CBS/I Any measure re garding publicly funded legal services 
Fire services NT/MA CBS/I Any measure regarding fire fight services 
R&D NT/MFN/MA CBS/I Any measure regarding R&D se rvices by State Funded tertiary institutions 
or Crown Research Institu tes and regarding CPC 8510 
Technical 
testing/analysis NT/MFN/MA CBS/I Any measure regarding co mposition and purity testing and analysis; 
technical inspection; and drug testing services.  
Fisheries/aquaculture NT/MFN/MA/LP CBS/I  Control of foreign fishing activities 
Energy NT/MFN/MA/LP CBS/I Any measure in order to prohibit, regulate, manage or control the 
production, use, distribution or retail of nuclear energy 
Immigration  MFN/MA CBS/I Any measure on licen sing requirements of natural persons providing 
immigration advice on immigration matte rs relating to New Zealand.  Not 
applicable to a national or permanent resident of another Party authorized practice law in New Zealand 
Postal NT/MFN/MA CBS/I Any measure regardi ng the imposition of additional conditions for 
operation in the market or de-registrati on of postal operators who engage in 
anti-competitive behaviour 
Audio-visual/other svcs NT/MFN/MA CBS/I Preferential co-production arrang ements for film and televisions 
productions 
Audio-visual/other svcs NT/MFN/MA CBS/I  Any measure regarding the promotion of local content on public radio and 
public television 
Distribution services NT/MA I Any measure regarding the holding of shares in the co-operative dairy 
company 
Distribution services NT/MA CBS/I Any measure regard ing the export marketing of fresh kiwifruit to all 
markets other than Australia 
Distribution services NT/MA CBS/I Any measure regard ing government endorsed allocation schemes for the 
rights to the distribution of export pr oducts falling within the HS categories 
covered by the WTO Agreement on Agriculture 
Distribution services NT/MA CBS/I Any measure for establishment/implementation of export marketing 
strategies for agriculture; beekeeping;  horticulture; arboriculture; arable 
farming and farming of animals 
Educational services NT/MA CBS/I Any measures regardi ng the use of statutorily protected educational terms 
and titles 
Health and social services NT/MFN/MA/LP CBS/I Any measure with respect to  all modes for the supply of adoption services 
Health and social 
services MFN/MA CBS/I Any measure regarding hospital services, maternity deliveries and related 
services, including services provided by midwives 
Recreational services NT/MA CBS/I Any measure rega rding gambling, betting and prostitution services 
Recreational services NT/MFN/MA/LP CBS/I Any measure re garding cultural heritage; pub lic archives; library and 
museum services and services for the preservation of historical sites and 
buildings 
Maritime NT/MFN/MA CBS/I Any measure with respect to certain maritime services such as cabotage, 
port services, registration of vessels etc.  (see Annex IV-NZ-33 for list) 
Notes: CBS: Cross-border services;  I: Investment;  LP: Local pr esence requirement;  MA: Market access restriction;  MFN: Restr iction 
 to MFN treatment;  NT: National treatment restriction. 
 
Source:  Annex IV of the TPSEP Agreement.  WT/REG229/1 
 Page 47 
 
 
  (c) Singapore 
103. While Singapore's commitments under the Agreem ent cover in principle all sectors except 
financial services, its GATS commitments cover more than 40% of the services sub-sectors identified by the Services Sectoral Classification List, fa lling mostly under business services (professional, 
computer-related, and other business services), communication services (courier, telecoms and 
audiovisual services), construction,  financial and tourism services. 
(i) Reservations that Apply to All Sectors 
104. Among its reservations applying to all sectors, Singapore has listed some limitations to 
foreign equity ownership or shareholding in a number of specified enterprises, e.g. 10% in 
SP PowerAssets.  It also scheduled reservations in relation to the divestment of State land and real 
estate owned by the State, and to its equity interest fully or partially state ow ned enterprises.  It also 
reserved the right to take any measures inconsiste nt with the national treatment and local presence 
obligations for devolving to the private sector services provided in the exercise of governmental 
authority. 
105. Other horizontal reservations include the right to take measures affecting, inter alia , the 
administration and operation of national electronic syst ems, the distribution and transport of arms and 
explosives, the supply of social services, social se curity, public training, public law enforcement, 
ambulance services, correctional services, some fire  fighting services, and health services supplied by 
government healthcare institutions.  Singapore's horizontal reservations also feature some residency requirements for certain managers, directors and/or  agents of established companies and branches. 
106. Like the other Parties, Singapore further reserv es the right to adopt or maintain any measure 
that is not inconsistent with its ob ligations under Article XVI of the GATS.  For sectors uncommitted 
under the GATS, this means that only Article XVI  limitations that are non-discriminatory can be 
adopted or maintained. 
107. Singapore also took an MFN reservation applying to all sectors, reserving the right to give 
preferential treatment to countries under any intern ational agreement preceding the Trans-Pacific 
Agreement.  In future international agreements, it maintained the ability to gr ant preferential treatment 
in air, maritime and port services, land transport and telecommunication services, and e-commerce. 
(ii) Sector-Specific Liberalization Commitments 
108. Singapore's sector-specific reservations in the Agreement relate mainly to business services, 
telecommunications, distribution, and transport.  Similarly to the GATS, restrictions on professional services, including architectural, auditing, engineerin g and veterinary services, largely pertain to local 
presence and registration requirements.  While it has no commitments in legal services - like under the 
GATS - Singapore has made commitments, sometime s with limitations, in other professional services 
that are not the subject of multilateral commitments, e.g. services provided by midwives and nurses. 
109. Singapore's commitments on telecommunications cover all basic and value-added services, 
without restrictions on the number of licenses other than those arising from resource constraints such 
as the availability of radio spectrum.  In additio n to requiring that facilities-based operators be 
incorporated in Singapore (or registered in Si ngapore in the case of services-based operators), 
Singapore has a reservation in Annex IV permitting it to  maintain or adopt any measure affecting the 
level of foreign ownership in the sector.  With  respect to audiovisual services, which are fully 
committed in modes 1 to 3 under GATS except for broadcasting and broadcasting-related services, 
under Annex IV Singapore reserves the right to take  any measure relating to cultural heritage and 
other cultural industries (including entertainment services) and to broadcasting services. WT/REG229/1 
Page 48  
 
  110. Transport services, in which Singapore's GATS commitments are limited to international 
maritime freight transport and shipping brokerage  services, attract various reservations under the 
Agreement.  Under Annex IV, Singapore reserves the ri ght to maintain or adopt any restrictions in 
relation to: rail and road freight transport; intern al waterways transport;  land passenger transport; 
certain specialty air services, airports and heliports , and various other air transport services, including 
computer reservation systems; measures affecting the supply of such maritime transport services as 
towing and tug assistance, navigation aid or other shore-based operational services.  The schedule to 
Annex IV also contains a reservation allowing for reci procity in relation to a uxiliary transport services 
such as storage and warehousing services and freight transport agency services. 
111. Further, maritime transport is subject to a num ber of reservations for existing non-conforming 
measures under Annex III.  For example: some reside ncy and discriminatory requirements are applied 
for registration of a ship under the Singapore flag;  only suppliers that are more than 50% owned by 
nationals can operate and manage cr uise and ferry terminals;  and a limited number of suppliers can 
provide cargo handling as well as pilotage and berthing services. 
112. Under the Agreement, Singapore has undertaken  commitments - albeit with a number of 
limitations and/or exclusions - in sectors in wh ich it has no GATS commitments, such as distribution 
services, education, health, environmental, and energy services. 
Table IV.5 
Non conforming measures listed by Singapore in Annex III 
Sector CPC Obligations Mode Description 
All  MA I Limitation on financial institutions extending 
S$ credit>5million 
All  NT I Limitation on foreign shareholdings in PSA Corporation to 
49% limit 
All  NT I Equity ownership limits: Singapore Technologies 
Engineering (15%), PSA Corp (5%), Singapore Airlines 
(5%), Singapore Power, PowerAssets, Services, Power Gas 
(10%) 
All  NT CBS/I Registration/residency requirements for businesses 
All  NT I Possible exception of NT to divest State land 
Architectural svcs  NT/LP CBS/I Registration/licensing requirements 
Financial auditing svcs 86211 NT/LP CBS/I  Registration/residency requirements 
Other tax-related svcs 86309 NT/LP CBS/I  Registration/residency requirements 
Land surveying svcs  NT/LP CBS/I Registration/ residency/licensing requirements 
Patent agent svcs  NT/LP CBS/I Registration/residency requirements 
Placement/supply of personnel 87204 LP CBS Local presence requirement 
Professional engineering svcs  NT/LP CBS/I Re gistration/ residency/licensing requirements 
Real estate svcs 82202 NT CBS/I Only Sent osa Development Corporation may develop and 
manage resort island of Sentosa and its waterways 
Technical testing/analysis  86769 LP CBS Local presence requirement 
Private investigation, unarmed guard svcs 87301, 
87302, 
87305 NT/MFN CBS/I Nationality/residency  requirement (except Malaysian 
citizens) 
Community, personal and social svcs 952 NT/LP CBS/I Local presence requirement with case-by-case exceptions 
Education svcs 92390 NT I Only local te rtiary institutions allowed to operate 
undergraduate/raduate programmes for the training of doctors 
Contact lens practitioners  LP CBS Residency requirement. 
Health and social svcs 93191 LP CBS Registra tion/residency requirement  for nursing/midwifery 
svcs 
Medical svcs 9312 NT/LP CBS Registration/residency requirements 
Pharmacy svcs  LP CBS Regi stration/residency requirements 
Import, export, trading svcs  LP CBS Local presence requirement 
Manufacturing   NT/MFN I Possible NT/MFN restrictions on the manufacture of listed 
products 
Postal svcs  NT/LP CBS/I Singapore Post  Pte Ltd has exclusive competence on 
letters/postcards services ex cept express letter services 
Telecommunications svcs  NT/LP CBS Local incor poration for facilities-base d and services based 
operators 
Table IV.5 (Cont'd)   WT/REG229/1 
 Page 49 
 
 
  Sector CPC Obligations Mode Description 
Telecommunications svcs  LP CBS Local incorporation for registrars 
Power supply  NT CBS Restriction for power producers to sell power only through 
Singapore electricity wholesale market 
Power supply  NT CBS/I Monopoly for SP Services Ltd to supply electricity 
Power transmission/distribution  NT CBS/I Monopol y for SP PowerAssets as transmission licensee 
Private households with 
employed persons 980 NT CBS/I Restriction on se tting up businesses at home. 
Tourism/travel related svcs 643, 642, 
6310 NT/LP CBS/I Nationality/residency requi rement to apply for a license to 
set up a food establishment in personal capacity. 
Distribution/sale of hazardous 
substances  LP CBS Local presence required to distribute and sell hazardous 
substances 
Trade svcs  NT CBS/I Local agent required to supply wholesale, retail and 
distribution services for medical  and health-related products and materials 
Air transport svcs 731, 732 NT CBS/I Air transport services designated as a Singapore airline are 
to comply with the "control and/or ownership" requirements of Singapore's air services agreements 
Maritime transport svcs 741, 
74520, 74590 NT CBS/I Cargo handling, pilotage , and supply of desalinated water 
to ships berthed at Singapore ports or waters reserved for Singapore companies 
Maritime transport svcs  NT/LP CBS/I Local presence to operate and manage cruise and ferry 
terminals 
Maritime transport svcs 74590 NT CBS/I Nationality/residency requirements to register a ship under 
the Singapore flag 
Maritime transport svcs  NT CBS Nationality/res idency requirements to register as Singapore 
seamen 
Production, retail, transportation 
and distribution of manufacture 
gas and natural gas  NT CBS/I Only City Gas Ltd may produce and retail manufactured 
gas.  Only Power Gas Ltd may transport and distribute 
manufactured and natural gas (piped gas).  Only Power Gas Ltd may own and operate the gas pipeline 
Pipeline transportation svcs  LP  CBS Local presence requirement 
Notes: CBS: Cross-border services;  I: Investment;  LP: Local pr esence requirement;  MA: Market access restriction;  MFN: Restr iction 
 to MFN treatment;  NT: National treatment restriction. 
 
Source:  Annex III of the TPSEP Agreement. 
Table IV.6 
Non conforming measures listed by Singapore in Annex IV 
Sector Obligations Mode Description 
All MFN CBS/I Any measure according differentia l treatment to countries under any bilateral 
or multilateral international agreement in force or signed prior to the date of 
entry into force of the Agreement (See Para xxx )   
All NT/LP CBS/I Any measure affecting the supply of health services by government-owned 
or controlled healthcare institutions 
All NT/LP CBS/I Any measure affecting the supply  of social service, social security, public 
training, public law enforcement, am bulance services, correctional service 
and fire fighting services 
All NT/LP CBS/I Any measure affecting the aliena tion and divestment of real estate owned by 
the State 
All NT/LP CBS/I Any measure affecting full/par tial development to the private sector of 
services provided in the exercise of governmental authority and the divestment of equity interest in enterp rises wholly or partially owned by the 
Singapore government 
All MA CBS/I Any measure that is consiste nt with Singapore’s obligations under GATS 
Article XVI 
Urban and land planning and development NT/LP CBS/I Any measure affecting the type of activities which may be conducted on land 
or the usage of land 
Administration/operation of 
national electronic systems NT/LP CBS/I Any measure affecting the administration and operation of any national 
electronic system 
Arms and explosives NT/LP CBS/I Any measure affecting the arms and explosives sector 
Broadcasting, entertainment 
and cultural services NT/LP CBS/I Any measure relating to cultural heritage and other cultural industries 
including broadcasting services 
Credit reporting services NT/LP CBS/I Any measure affecting the supply of credit reporting services 
Patent agent services NT/LP CBS/I Any measure affec ting the recognition of educational and professional 
qualifications, e.g. admission, registra tion, qualification of patent agents 
Real estate services NT/LP CBS/I Any measure affecting real estate services 
Guard services NT/LP CBS/I Any measure affecting ar med escort, armoured car and armed guard services 
Betting and gambling svcs NT/LP  CBS/I Any measure a ffecting the supply of betting and gambling services 
Table IV.6 (Cont'd)  WT/REG229/1 
Page 50  
 
  Sector Obligations Mode Description 
Legal services NT/LP CBS/I Any measure affec ting the supply of legal services in Singapore 
Community, personal and 
social services NT/LP CBS/I Any measure affecting services provided by co-operative societies and trade 
unions 
Defence NT I Any measure regarding the retention of a controlling interest by the 
Singapore Government in Singa pore Technologies Engineering 
Distribution, publishing and 
printing of newspapers NT/LP CBS/I Any measure affecting publishing or printing of newspapers, including 
shareholding limits a nd management control 
Trade services NT/LP CBS/I Any measure affecti ng the supply of any products subject to import 
prohibition or non-automatic import licensing 
Trade services NT/LP CBS/I Any measure affecting the supply of potable water 
Trade services NT/LP CBS/I Any measure affecting the supply of wholesale and retail trade services of 
tobacco products and alcoholic beverages 
Educational services NT/LP CBS/I Any measure affecting the supply of primary, general secondary and higher 
secondary education services for Singapore citizens 
Health and social services NT/LP CBS/I Any measure re garding the recognition of educational and professional 
qualifications for admission, registrati on and qualification of health-related 
professionals 
Waste Water Management NT/LP CBS/I Any m easure affecting waste water management 
Telecommunications svcs NT I Any measure affecting the level of foreign ownership 
Air transport services NT/LP CBS/I Any measure affecti ng the investment in, and/or the supply of listed air 
transport related services (see Annex IV-SG-25 for list) 
Air transport services NT/LP CBS/I Any measure affec ting the building, ownership, operation and management 
of airports and heliports in Singapore 
Air transport services NT/LP CBS/I Any measure affecti ng the supply of surveying, mapping and photography 
air services 
Land transport services NT/LP CBS/I Any measure a ffecting the supply of public transport services 
Land transport services NT/LP CBS/I Any measure affec ting the supply of rail and road freight transportation 
Land transport services NT/LP CBS/I Any measure according tr eatment to persons of the other Party equivalent to 
any measure adopted or maintained by the other Party regarding the provision of storage and warehousing, freight forwarding, inland trucking, 
container station, and depot services 
Maritime transport services NT/LP CBS/I Any measure affec ting the supply of certain se rvices (see Annex IV-SG-31 
for list) 
Internal waterways transport services NT/LP CBS/I Any measure affecting the suppl y of internal waterways transportation 
services 
Notes: CBS: Cross-border services;  I: Investment;  LP: Local pr esence requirement;  MA: Market access restriction;  MFN: Restr iction 
 to MFN treatment;  NT: National treatment restriction. 
 
Source:  Annex IV of the TPSEP Agreement. 
5. Regulatory provisions on trade in services 
(a) Domestic regulation 
113. Article 12.10:1 provides that each Party shall ensu re that all measures of general application 
affecting trade in service are administered in a manner that is reasonable, objective and impartial.  For measures relating to qualification requirements and procedures, licen sing requirements, and technical 
standards, Article 12.10:2 requires that they be based on objective and transparent criteria, not be 
more burdensome than necessary to ensure the quality  of the service, and, in the case of licensing 
procedures, not constitute in themselves a restricti on on the supply of the service.  In determining 
whether a Party is acting in conformity with this  obligation, account shall be taken of relevant 
international standards (Article 12.10:3).    
114. The provisions governing the treatment of appli cations where authorizations are required for 
the supply of a service (Article 12.10:4) mirror the disciplines of GATS Article VI:3.  In 
Article 12.10:5, the Parties agree to review the resu lts of negotiations related to Article VI:4 of GATS 
or of any other similar multilateral negotiations with a view to their incorporation into the Agreement. 
(b) Professional qualifications and registration 
115. Article 12.11 sets out provisions on the r ecognition of standards or criteria for the 
authorization, licensing, or certification of ser vices suppliers which essentially mirror the provisions  WT/REG229/1 
 Page 51 
 
 
  of GATS Article VII, paragraphs 1, 2 and 3.  The Parties also agree (Article 12.11:5) to facilitate 
recognition of professional qualifications and/or  professional registration through dialogue among 
their regulators and relevant industry bodies;  A nnex 12.B sets out the guidelines for the development 
among the Parties of mutually acceptable standard s and criteria for licensing and certification of 
professional service providers.  As an initial work plan , the Parties have agreed  to give priority to 
recognition of engineers, architects, geologi sts, geophysicists, planners and accountants 
(Article 12.11:6).  The Annex also encourages the Parties to develop procedures for the temporary 
licensing of professional service providers.  The priorities and the recognition outcomes achieved as well as the implementation of the Annex is to be  reviewed in the time set out in Article 12.9 
(See paragraph 79). 
(c) Transparency 
116. Under Article 12.13, the Parties agree to publis h or make publicly available international 
agreements pertaining to trade in services to whic h they are signatories;  to respond promptly to 
requests by any other Party for specific information on its services measures;  and to designate enquiry points for the provisions of such information. 
(d) Temporary entry 
117. Chapter 13 aims at facilitating the temporary en try of business persons of any Party through 
streamlined and transparent immigration clearance  procedures for temporary entry.  The Parties 
reaffirm their respective commitments under th e GATS on the movement of business people seeking 
entry under Chapter 12 (Article 13.3).  Accordingl y, access under mode 4 in the Agreement is limited 
to the categories of natural persons specified in each Party's GATS schedule, namely certain 
intra-corporate transferees in the case of Chile and Singapore, and intra-corporate transferees and 
business visitors in the case of New Zealand. 
118. The Parties also affirm their voluntary commit ments to the APEC Business Travel Card 
"Operating Framework" (Article 13. 2).  They have agreed to exch ange information on measures that 
affect the temporary entry of business people no later th an six months after the entry into force of the 
Agreement (Article 13.4).  Under Article 13.5 the Parties will review the Chapter within two years 
after entry into force of the Agreement with a view to developing a comprehensive chapter on 
temporary entry. 
(e) Payments and transfers 
119. Article 12.15 provides that the Parties shall permit all payments and transfers for current 
transactions and capital movements with regard to  trade in services.  Notwithstanding such an 
obligation, Chile has listed in Annex 12.C certain rese rvations with respect to payments and transfers.  
They include the right to maintain existing require ments that transfers from Chile of proceeds from 
the sale of all or any part of an investment by an investor of a Party or from the partial or complete liquidation of the investment take place within sp ecified time periods;  the right to adopt measures 
establishing future special voluntary investment program s in addition to the general regime for foreign 
investment in Chile;  and the right of the Centra l Bank of Chile to maintain or adopt measures to 
ensure currency stability and the normal operation of domestic a nd foreign payments.  Measures 
applied under Annex 12.C are not to discriminate between the Parties and any non-Party with respect 
to transactions of the same nature. WT/REG229/1 
Page 52  
 
  V. GENERAL PROVISIONS OF THE AGREEMENT 
1. Exceptions 
120. General exceptions and reservations are laid  down in Chapter 19 of the Agreement.  
Article 19.1 deals with general exceptions for trad e in goods and services by incorporating into the 
Agreement mutatis mutandis  Article XX of the GATT 1994 and Article XIV of the GATS.
42  Security 
exceptions (Article XXI of the GATT 1994) are included in Article 19.2 of the Agreement.  Other 
exceptions and reservations include measures to safe guard the balance of payments (Article 19.3), 
taxation measures (Article 19.4) and a derogation vis-à-vis  the Treaty of Waitangi (Article 15.8),43 
allowing New Zealand to provide more favourable tr eatment to Maori in respect of matters covered 
by the Agreement and excluding from the disput e settlement provisions of the Agreement the 
interpretation of the Treaty of Waitangi per se , but providing the possibility for the Parties to 
challenge measures they believe to be inconsis tent with their rights under the Agreement. 
121. Article 20.5 sets out specific flexibilities in respect  of Brunei's participation in the Agreement.  
These have been accorded by the othe r Parties in light of Brunei's late  entry into the negotiation of the 
Agreement and the small size of its economy.  The Agreement is provisionally applied in respect of 
Brunei pending the conclusion of negotiations with the other Parties of its schedules under Chapter 11 
(Government Procurement) and Chapter 12 (Trade  in Services).  The Commission established under 
the Agreement (See paragraph 123) shall consider such schedules no later than two years after the 
entry into force of the Agreement and should it fa il to accept them the Agreement will be suspended 
in respect of Brunei.  The Article also waives th e application of Chapter 9 (Competition Policy) to 
Brunei until it develops a competition law and it establishes a competition authority.44 
2. Accession 
122. The Agreement is open to accession, on terms to be agreed among the Parties, by any APEC 
economy or other State (Article 20.6). 
3. Institutional framework 
123. Chapter 17 sets out the administrative and institutional provisions of the Agreement.  
Article 17.1 provides for the establishment of th e Trans-Pacific Strategic Economic Partnership 
Commission.  The Commission shall meet at the level of Ministers or senior officials.  Its functions include considering any matters relating to the implementation of the Ag reement;  establishing 
committees and working groups and supervising their work;  and furthering the objectives of the 
Agreement by approving or modifying the Schedules contained in Annex I, the rules of origin 
established in Annex II, or the list of entities cove red under the Chapter on Government Procurement.  
The Commission will review the Agreement two years after its entry into force and every three years 
thereafter;  it shall convene annually. 
124. Chapter 14 sets out the transparency provisions of the Agreement.  Article 14.2 requires the 
Parties to publish any laws, regulations, procedur es and administrative rulings on matters covered by 
the Agreement.  They must ensure that persons  from the other Parties are given reasonable notice 
                                                     
 
42 Article XX of the GATT 1994 is incorporated fo r the purposes of Chapters 3 through 8 dealing 
respectively with trade in goods, rules of origin, customs procedures, SPS measures, TBT, and trade remedies. 
43 The Treaty of Waitangi is New Zealand’s founding document, signed in 1840 between over 
500 Maori chiefs and representatives of the British Crown. 
44 Brunei applies competition policies at the sectoral level in the telecommunications sector, financial 
services and the oil and gas industry.  WT/REG229/1 
 Page 53 
 
 
  about administrative proceedings that may affect th em (Article 14.3).  Furthermore, each Party shall 
establish or maintain impartial and independent judicial, quasi-judicial. or administrative tribunals for 
the review and correction of administrative ac tions on matters covered by the Agreement 
(Article 14.4).  The Chapter also requires the Partie s to designate contact points (Article 14.5) and to 
notify and, on request, provide information to the other Parties with respect to proposed or actual 
measures that might affect the operation of the Agreement or affect another Party's interests 
(Article 14.6).   
4. Dispute settlement 
125. Chapter 15 sets out procedures for the settlement of disputes relating to the application and 
interpretation of the Agreement.  A Party may al so have recourse to dispute settlement under the 
Chapter when it considers that benefits expect ed under certain provisions of the Agreement45 are 
being nullified or impaired as a result of the app lication of measures not inconsistent with the 
Agreement.  Article 15.3 provides a forum el ection clause for matters falling under both the 
Agreement and another trade agreement to which both Parties are party; however, once the complaining Party has chosen the foru m to settle the dispute, that foru m shall be used to the exclusion 
of the others (exclusive forum clause). 
126. The Chapter encourages the Partie s to resolve disputes through co operation and consultations.  
Article 15.4 lays down the procedures for consulta tions while Article 15.5 provides for good offices, 
conciliation and mediation procedures;  the latter ma y be initiated and terminated at any time.  A 
Party may request consultations in writing with a nother Party with respect to measures that it 
considers inconsistent with the Agreement.  The Pa rties shall enter into consultations within 30 days 
(15 days for perishable goods) following their initial request.  In the event that consultations between 
the Parties fail to settle the dispute within 45 days from the date of the request (30 days for perishable 
goods) and that good offices, conciliation and media tion procedures, if undertaken, are concluded 
without an agreement, the complaining Party may re quest the establishment of an arbitral tribunal. 
127. Articles 15.6-15.9 deal respectively with the est ablishment, composition, functions, and rules 
of procedures for arbitral tribunals.  Arbitration is  to be conducted in accordance with the model rules 
of procedure set out in Annex 15.B.  The final repo rt of the tribunal is binding and not subject to 
appeal.  The details of the dispute settlement provi sions of the Agreement are outlined in Table V.1. 
                                                     
 
45 Chapters 3 through 5 (Trade in Goods, Rules of Origin, and Customs Procedures);  Chapter 8 
(Technical Barriers to Trade);  Chap ter 11 (Government Procurement);  or  Chapter 12 (Trade in Services). WT/REG229/1 
Page 54  
 
  Table V.1 
Synopsis of the Agreement's Dispute Settlement Provisions 
 
 
 
5. Relationship with other agreements concluded by the Parties 
128. In Article 18.2 the Parties affirm their existi ng rights and obligations with respect to each 
other under existing bilateral and multilateral agreements to which they are parties, including the 
WTO Agreement.  In the case of New Zealand and Singapore, the Trans-Pacific SEP builds upon 
their existing agreement on a Closer Economic Part nership (ANZSCEP).  The latter remains in force 
meaning that exporters from either country ma y take advantage of the provisions of either 
Agreements depending on which provides them with  the most benefits.  However, some regulatory 
provisions contained in the ANZSCEP do prevail over the Trans-Pacific SEP.46 
129. Table V.2 lists the regional trade agreements  (RTAs), notified to the GATT/WTO and in 
force, to which Brunei, Chile, New Zealand and Singapore are parties. 
 
                                                      
46 The trade remedies provisions under the ANZSCEP prevail over those of the Agreement 
(see Paragraphs 63 and 66). Consultations  (Art. 15.4) 
Written request for Arbitral Tribunal  
(Art. 15.6) 
Composition  (Art 15.7) 
Rules of procedure  (Art. 15.9) 
Tribunal final report (Art. 15.12) 
Binding and no appeal Reasonable period of time for 
implementation of findings  (Art. 15.13) 45 days (30 days for perishable goods) 
Within 90 days (60 days - 
urgency/perishable goods) 
Report becomes public  
(Art. 15.12) 15 days after release to Parties Within 45 days of release of report 
Max 60 days for composition 
Tribunal initial report issued 
(Art. 15.11) 
30 days Tribunal reconvenes (Art. 15.14) 
if disagreement as to compliance 
with the decision of the Tribunal 
Tribunal determination
(Art. 15.14 )60 or 90 days from 
tribunal reconvention 
Non-Implementation (Art. 15.15)  
Possible retaliation (Art. 15.15(3)) 
− 30 days after the end of the agreed 
reasonable period of time 
− no retaliation while compensation 
negotiations are being pursued Compensation 
Upon request, negotiations on 
mutually acceptable compensation 
(Art. 15.15(2) or (3)) 
Tribunal determination  (Art. 15.15(7)) 
− final and binding 
− becomes public 60 days Tribunal reconvenes  
upon request to determine whether the 
retaliation is excessive (Art. 15.15(6))  WT/REG229/1 
 Page 55 
 
 
  Table V.2: Trans-Pacific Parties':  Participation in other RTAs (notified and non-notified in force), May 2008 
Partner / Agreement GATT/WTO Notification 
 Date of 
entry  
into force Type of 
agreement Year WTO Provision 
BRUNEI DARUSSALAM  
ASEAN Agreements: 
 ASEAN-China  
 ASEAN-China 
 AFTA  
01.07.03 
01.07.07 
28.01.92  
Goods 
Services 
Goods  
2004 
 
1992  
Enabling Clause 
Not notified 
Enabling Clause 
CHILE  
Japan 03.09.07 Goods & Services 2007 GATT Art. XXIV & GATS Art. V 
China 01.10.06 Goods 2007 GATT Art. XXIV 
European Communities 01.03.05 Services 2005 GATS Art. V 
EFTA 01.12.04 Goods & Services 2004 GATT Art. XXIV & GATS Art. V 
Republic of Korea 01.04.04 Goods & Services 2004 GATT Art. XXIV & GATS Art. V 
United States 01.01.04 Goods & Services 2003 GATT Art. XXIV & GATS Art. V 
European Communities 01.02.03 Goods 2004 GATT Art. XXIV 
El Salvador 01.06.02 Goods & Services 2004 GATT Art. XXIV & GATS Art. V 
Costa Rica 15.02.02 Goods & Services 2002 GATT Art. XXIV & GATS Art. V 
Mexico 01.08.99 Goods & Services 2001 GATT Art. XXIV & GATS Art. V 
Canada 05.07.97 Goods & Services 1997 GATT Art. XXIV & GATS Art. V 
GSTP 19.04.89 Goods 1989 Enabling Clause 
LAIAa 18.03.81 Goods 1982 Enabling Clause 
PTN 11.02.73 Goods 1971 Enabling Clause 
India 16.08.07 Goods  Not notified 
NEW ZEALAND  
Thailand 01.07.05 Goods & Services 2005 GATT Art. XXIV & GATS Art. V 
Singapore 01.01.01 Goods & Services 2001 GATT Art. XXIV & GATS Art. V 
Australia (ANZCERTA) 01.01.89 Services 1995 GATS Art. V 
Australia (ANZCERTA) 01.01.83 Goods 1983 GATT Art. XXIV 
SPARTECA 01.01.81 Goods 1981 Enabling Clause 
SINGAPORE  
Panama 24.07.06 Goods & Services 2007 GATT Art. XXIV & GATS Art. V 
Republic of Korea 02.03.06 Goods & Services 2006 GATT Art. XXIV & GATS Art. V 
Jordan 22.08.05 Goods & Services 2006 GATT Art. XXIV & GATS Art. V 
India 01.08.05 Goods & Services 2007 GATT Art. XXIV & GATS Art. V 
United States 01.01.04 Goods & Services 2003 GATT Art. XXIV & GATS Art. V 
Australia 28.07.03 Goods & Services 2003 GATT Art. XXIV & GATS Art. V 
EFTA 01.01.03 Goods & Services 2003 GATT Art. XXIV & GATS Art. V 
Japan 30.11.02 Goods & Services 2002 GATT Art. XXIV & GATS Art. V 
New Zealand 01.01.01 Goods & Services 2001 GATT Art. XXIV & GATS Art. V 
ASEAN Agreements: 
 ASEAN-China  
 ASEAN-China  
 AFTA  
01.07.03 
01.07.07 28.01.92  
Goods 
Services Goods  
2004 
 1992  
Enabling Clause 
Not notified Enabling Clause 
GSTP 19.04.89 Goods 1989 Enabling Clause 
Source: WTO Secretariat. 
 
a Chile has concluded six RTAs under the LAIA framework (with MERCOSUR, Bolivia, Colombia, Ecuador, Peru, and 
 Venezuela).  These RTAs have not been notified, but  are included in periodic reports submitted by LAIA. 
 
AFTA:  ASEAN Free Trade Area 
ANZCERTA:  Australia-New Zealand Closer Economic Relations Trade Agreement EFTA:  European Free Trade Area 
GSTP:  Global System of Trade Preferences 
LAIA:  Latin American Integration Association PTN:  Protocol relating to Trade Negotiations among de veloping countries 
SPARTECA:  South Pacific Regional Tr ade and Economic Cooperation Agreement 
 WT/REG229/1 
Page 56  
 
  6. Other provisions 
(a) Competition policy 
130. Chapter 9 provides general principles on fair competition based on the principles of 
non-discrimination, comprehensiveness, transparen cy and accountability.  Article 9.2 commits the 
Parties to adopt or maintain competition laws  that proscribe anti-competitive business conduct.
47  
Competition law applies to all commercial activity although exemption are allowed on the grounds of 
public policy or public interest;  such  exemptions are listed in Annex 9.A.48  The Parties agree to 
cooperate in the area of competition policy and co mpetition law enforcement including notification, 
consultation and exchange of information;  the latte r are addressed in Articles 9.4 (Notifications) and 
9.5 (Consultations and Exchange of  Information).  They also agree to seek a cooperation agreement 
through their respective competition authorities (Article 9.3).   The Chapter is not subject to the 
dispute settlement procedures under the Agreement (Article 9.7). 
(b) Intellectual property 
131. In Chapter 10 of the Agreemen t the Parties reaffirm their rights and obligations under the 
WTO Agreement on the Trade-Related Aspects of In tellectual Property Rights (TRIPS) and any other 
multilateral agreement relating to intellectual property to which they are party.  With respect to 
copyrighted works and copyright protection issues in the digital environment the Parties agree to 
provide for reproduction rights and public comm unication rights for copyright owners and 
phonograms producers consistent with the World Intellectual Property Organization (WIPO)  
Copyright Treaty  (WCT) and the WIPO Performances and Phonograms Treaty  (WPPT).49  With 
respect to Geographical Indications (GIs), Article 10.5 allows a Party to list the GIs for wines and 
spirits that are protected in that country;  these are listed in Annex 10.A to the Agreement and are 
protected in the territories of the other Parties to the extent permitted by, and according to, the terms 
and conditions set out in their respective domestic laws.50  In addition to GIs, the Parties shall 
endeavour after one year following the entry into fo rce of the Agreement to consider the recognition 
of distinctive products;51  if any Party grants to a third party recognition of distinctive products it shall 
extend such recognition on a non-discriminatory basis among the Parties.  The Chapter provides 
additional provisions aimed at enhancing cooperation among the Pa rties particularly in IPR 
enforcement and exchange of in formation (Article 10.7).   
                                                      
47 Article 20.5 grants flexibility in respect of Brune i's application of the competition Chapter pending 
its development of a competition law and its establishm ent of a competition authority (See paragraph 121). 
48 Annex 9.A list the Parties' exemptions from the application of competition law to all commercial 
activities.  In the case of New Zealand these are speci fic exemptions from New Zealand Commerce Act with 
respect to Pharmaceutical subsidies by Pharmac ;  Export arrangements ;  and Agricultural Producer Boards .  In 
the case of Singapore, the exemptions relate to posta l services, water supply and wastewater management, 
public transport (bus and rail services), cargo termin al operations and clearing and exchange of articles 
undertaken by the Automated Clearing House. 
49 Chile and Singapore are contracti ng parties to these Treaties.  Brune i is not yet a member to these 
Treaties, however, its current Copyright Order has been re viewed in line with the prov isions of both Treaties.  
New Zealand’s current copyright regime already provides for reproduction rights consistent with the WCT and 
the WPPT. 
50 To date only Chile has submitted a list of GIs. 
51 Chile has announced its interest for the recognition of Pisco Chileno, Pajarete,  and Vino Asoleado . 
as distinctive products.  WT/REG229/1 
 Page 57 
 
 
  (c) Government procurement52 
132. Chapter 11 of the Agreement contains detaile d obligations with respect to government 
procurement.  Of the Parties, Singapore is the only Member (since October 1997) of the 
WTO Agreement on Government Procurement (GPA),53 which covers goods and services and 
commits its Members to non-discrimination and national treatment obligations.  Chile is an observer, 
while Brunei and New Zealand are not members of the GPA and therefore do not have any rights or 
obligations under the GPA. 
133. The Chapter covers procurement of goods a nd services by specified government agencies 
(Annex 11.A) for contracts valued above the thr esholds set out in Annex 11.C and which are not 
otherwise excluded from the scope of the Agreement (A rticle 11.3).  It applies to procurement by any 
contractual means, including build-operate-transfe r and public works concession contracts;  Article 
11.3.2 refers to exclusions, notab ly non-contractual agreements an d purchases funded by international 
grants, loans or other assistance. 
134. The Chapter's core principles are national treat ment and non-discrimination (Article 11.4) and 
transparency in the conduct of government proc urement.  By virtue of the non-discrimination 
provisions in Article 11.4 suppliers from a Party ma y bid for contracts tendered by covered entities of 
the other Party, without having first to establish in  the Party, or establish partnering arrangements with 
companies of that Party.  Parties undertake to treat goods, services and suppliers of the other Parties in the same way as their own domestic goods, services a nd suppliers. Other general principles include 
the prohibition of offsets (Article 11.6), non-disclos ure of information (Article 11.7), and technical 
specifications;  the latter, where appropriate, ar e to be specified in terms of performance and 
functional requirements and be based on internati onal standards, where applicable (Article 11.9).
54 
135. The Chapter specifies detailed rules for procur ement tendering and the award of contracts 
through open tendering, except in exceptional circ umstances (Article 11.8).  Provisions on 
transparency apply throughout the procurement pro cess and include the publication of information on 
procurement measures (Article 11.8), notice of in tended procurement (Article 11.12), awarding of 
contracts (Article 11.14), post-award information (Ar ticle 11.15), and standing lists of registered or 
qualified suppliers (Article 11.17).  The Chapter includes a commitment to encourage the use of 
electronic communications in procurement including a requirement for the Parties to maintain a single 
electronic portal for access to information on go vernment procurement and supply opportunities 
(Article 11.21).  It also requires the Parties to ensu re that criminal or administrative penalties exist to 
address corruption in government procurement and procedures for the review of complaints by 
suppliers (Articles 11.19 and 11.20). 
136. Annexes 11A-C set out the government entities that  are covered by the Chapter, the specific 
types of procurement and procurement arrangeme nts that each Party has exempted from the 
application of the Chapter, the Parties' single elect ronic points of access, and the thresholds applied.  
The Chapter applies only to procurement by entiti es listed in Annex 11A with a value equal to or 
above certain thresholds.55  Chile's schedule lists 20 central government entities including their 
                                                      
52 Chapter 11 of the Agreement is not initially applicable in respect of Brunei.  In an understanding 
among the Parties, Brunei has been given two years from  entry into force of the Agreement to negotiate and 
finalize its schedule to Annex 11.A (See paragraph 121). 
53 http://www.wto.org/english/tr atop_e/gproc_e/gproc_e.htm 
54 Two side letters to the Agreement specify that Chile and New Zealand's procurement of goods and 
services may be subject to technical specifications to  promote the conservation of natural resources and the 
environment provided that such specificati ons are consistent with the Chapter. 
55 The Parties have agreed that Brunei shall exclude the Mini Tender Board, which has a procurement 
value limited to B$250,000 (SDR 110,000) or less from the Chapter. WT/REG229/1 
Page 58  
 
  regional offices;  New Zealand's schedule contai ns 16 government ministries and 21 other bodies; 
Singapore's schedule contains 13 government ministries and ten other bodies.
56  No general 
exclusions on goods have been scheduled by the Pa rties;  those applying to services are listed in 
Box V.1.  In the case of Singapore, the servi ces covered are on a positive list matching its GPA 
commitments. 
Box V.1: Services excluded from government procurement liberalization under the Agreement 
Schedule of Chile  
• All classes of financial services (as elab orated in the Common Classification System) 
Schedule of New Zealand  
• Procurement of research and development services 
• Any procurement in respect of contracts for construction, refurbishment or furnishing of chanceries 
abroad 
• Procurement of public health, education and welfare services 
Schedule of Singapore  
• Any services not contained in WTO document MTN.GSN/W/120 
 
Source: The TPSEP Agreement 
 
137. Thresholds vary according to the nature of purchases (goods, services, or construction 
services).  These are laid down in Box V.3. 
Table V.3  
Threshold values for government procurement  
Parties to the SEP Agreement 
Classification Threshold value 
WTO GPAa Threshold value 
SEP (SDR)b 
Goods SDR 130,000 50,000 
Services (except construction services) SDR 130,000 50,000 
Construction SDR 5,000,000 5,000,000 
 
a Applicable only to Singapore. 
b Due the exclusion of the Mini Tender Board (see footnote 55), Brune i's threshold for procurement of  goods and services will be 
 initially set, on completion of its schedule, at B$250,000 (SDR 110,000). 
 
(d) Labour 
138. The Parties have negotiated a Memorandum of Understanding (MOU)57 on Labour 
Cooperation that aims to promote better understanding of the Parties' labour systems; encourage and 
facilitate dialogue on labour matters ;  and improve working conditions and quality of work including 
the development and management of human capital.  In support of these objectives, the Parties affirm 
their commitment to the principles of the ILO Declaration on Fundamental Principles and Work and 
its Follow-up  (1998);  agree to work to ensure their labour laws, policies and practices are in harmony 
with their international labour commitments;  and rec ognize that it is inappropriate to set or use their 
labour laws and practices for trade protectionist purposes or to encourage trade or investment by 
weakening protections afforded in domestic labour laws. 
                                                      
56 The range of entities committed by Singapore is narrower than the generic coverage under the 
ANZSCEP.  As such New Zealand companies may use the treatment under each agreement as relevant. 
57 The MOU and the Agreement are directly linked through a side letter in which the Parties have 
reached un understandin g whereby withdrawal by any of them from the MOU w ill result in with drawal from the 
Agreement and vice versa.  WT/REG229/1 
 Page 59 
 
 
  139. The Parties agree to cooperate on labour matte rs of mutual interest.  These may include 
labour laws and practices, compliance and enforcem ent, labour consultation, social security, and 
human capital development.  In the event of issues ar ising over the interpretati on or application of the 
MOU a Party may request consultations;  should these fail to resolve the matter, that Party may request a special meeting of the interested Parti es, which may include Ministers.  In terms of 
institutional arrangements, each Party is required to designate a national contact point for labour 
matters.  The Parties will meet within one year of the signing of the MOU at the senior official level 
to discuss cooperation activities, review the im plementation of the MOU and address any issues.
58 
(e) Environment 
140. The Parties have negotiated a E nvironment Cooperation Agreement59 that aims to encourage 
sound environmental policies and improve their cap acities to better address environmental matters 
through cooperation and dialogue.  In support of these objectives, they reaffirm their intention to 
pursue high levels of environmenta l protection and to fulfil their respective multilateral environmental 
commitments;  and recognize it is inappropriate to set  or use their environmental laws, regulations and 
practices for trade protectionist purposes or to encourag e trade or investment by relaxing or failing to 
enforce such laws. 
141. The Parties agree to cooperat e on mutually agreed environmental issues; encourage and 
facilitate collaborative research;  and exchange info rmation and environmental experts.  In the event 
of issues arising over the interpretation of  Article 2 of the Cooperation Agreement 
(Key Elements/Commitments) a Party may request consultations not exceeding six months;  should 
these fail to resolve the matter, that Party may request a special meeting of the interested Parties.  The 
issue may also be referred to a special mee ting of the Trans-Pacific SEP Commission which may 
include Ministers or senior officials.  In terms of institutional arrangements, each Party is required to 
designate a national contact point for environmental ma tters.  The Parties will meet within one year of 
the signing of the Cooperation Agreement at the sen ior official level to discuss cooperation activities, 
review the implementation of the Cooperati on Agreement and address any other issues.60 
(f) Strategic Partnership 
142. Chapter 16 establishes a framework for coopera tion among the Parties to expand and enhance 
the benefits of the Agreement and to build up on existing areas of cooperation among themselves.  
Particular attention has been given to economic, scientific, technological, educational, cultural and 
primary industry cooperation (Article 16.3).  Possi ble areas of cooperation will be developed through 
                                                      
58 The first TPSEP Senior Labour Officials’ Meeti ng (SLOM) took place in June 2006. The meeting 
heard presentations on each Party’s labo ur systems, identified potential areas of  joint interest, agreed criteria for 
the selection of cooperative activity and agreed to future working processes. The second SLOM was held in 
June 2007;  the main outcome of this Meeting was agreemen t to explore a research prop osal on training and skill 
improvement of vulnerable groups. The ILO has agreed  to undertake this research. A further SLOM is 
scheduled for June 2008. 
59 Like the MOU on Labour, the Environment C ooperation Agreement and the Trans-Pacific SEP 
Agreement are directly linked through a side letter in wh ich the Parties have reached un understanding whereby 
withdrawal by any of them  from the Cooperation Agreement will result in withdrawal from the Agreement and 
vice versa. 
60 The first TPSEP Senior Environmental Officials Meeting took place in September 2006 in 
Wellington, New Zealand.  The main outcome was to establish the national contact points for coordinating 
projects and general communications, identifying environm ental priorities for cooperation, setting a framework 
for submitting environmental cooperation project proposals , and agreeing on the elaboration of a template for 
reporting project progress and any other issues relevant to the operation of the Agreement.  The Second Senior 
Environmental Officials Meeting is schedule d for 29-30 July 2008 in Santiago, Chile. WT/REG229/1 
Page 60  
 
  Implementing Arrangements.
61  The Parties will designate a contact point to facilitate communication 
on possible cooperation activities (Article 16.9).  Th e Commission will oversee the implementation of 
the cooperation framework agreed by the Parties (Article 16.12). 
                                                      
61 An Implementing Arrangement to the Agreement details the initials areas of focus and activities that 
have been agreed by the Parties.  These include economic, scientific, technological, educational, cultural and 
primary industry cooperation.  WT/REG229/1 
 Page 61 
 
 
  ANNEX I 
 
Indicators of trade liberalization under the Agreement  
 
143. A comparison between the scheduled elimination of tariffs applied to the Parties' mutual 
imports and the duty rates applied by Parties to MFN imports is shown in Tables AI.1 to 4, according 
to agricultural, non-agricultural and total products .  Applied MFN duty rates in 2006 serve as a basis 
for the comparison. 
144. Brunei  has a variable MFN tariff structure.  Its (unweighted) average MFN rate (2006) is 
4.8% on all goods, with a higher average tariff applied to non-agricultural products than to 
agricultural goods.  Duty-free tariff lines account fo r 68.1% of all lines.  Brunei's tariff concessions 
under the Agreement start in year four, hence, from entry into force of the Agreement to 2010, Trans 
Pacific's exporters do not enjoy a margin of preference vis-à-vis  the prevailing MFN tariff.  In 2010, 
they will enjoy a relative margin of prefer ence of 42.5% on non-agricultural products vis-à-vis  the 
prevailing average MFN tariff in 2006, and a relative margin of preference of 100% in agricultural 
goods. 
Table AI.1 
Brunei:  Indicators of MFN tariff rates and pref erential rates for imports from Trans Pacific SEP 
ALL PRODUCTS Agricultural productsa Non Agricultural products 
Average applied 
tariff Average applied 
tariff Average applied 
tariff Origin 
of 
goods Year 
Overall 
(%) On 
dutiableb 
(%) Share of 
duty-free 
tariff lines 
(%) Overall 
(%) On 
dutiableb
(%) Share of 
duty-free 
tariff lines 
(%) Overall 
(%) On 
dutiableb 
(%) Share of 
duty-free 
tariff lines
(%) 
MFN 2006 4.8 15.49 68.07 0.02 5.00 91.74 5.39 15.50 65.06 
Trans-Pacific SEP 2006 4.8 15.49 68.07 0.02 5.00 91.74 5.39 15.50 65.06 
 2007 4.8 15.49 68.07 0.02 5.00 91.74 5.39 15.50 65.06 
 2008 4.8 15.49 68.07 0.02 5.00 91.74 5.39 15.50 65.06 
 2009 4.8 15.49 68.07 0.02 5.00 91.74 5.39 15.50 65.06 
 2010 2.8 10.78 73.45 0.00 0.00 92.07 3.10 10.78 71.10 
 2011 2.8 10.78 73.45 0.00 0.00 92.07 3.10 10.78 71.10 
 2012 1.5 14.55 88.94 0.00 0.00 93.39 1.65 14.55 88.48 
 2013 1.0 10.07 88.94 0.00 0.00 93.39 1.14 10.07 88.48 
 2014 1.0 10.07 88.94 0.00 0.00 93.39 1.14 10.07 88.48 
 2015 0.0 30.00 99.21 0.00 0.00 93.39 0.01 30.00 99.96 
a  WTO definition. 
b  "on dutiable" excludes duty-free tariff lines. 
 
Source:  Data provided by Brunei. 
 
145. Chile  has, with a few exceptions, a uniform MFN ta riff structure with a base rate set at 6%.  
With the inclusion of the few tariff lines with hi gher applied rates (47 HS-8 digit level lines) its 
(unweighted) average MFN rate (2006) is 6.2% on all goods, with a slightly higher average tariff 
applied to agricultural goods than to non-agricultura l products.  On entry into force of the Agreement 
only 35 HS-8 digit lines were duty-free accounting for 0.4%  of all its tariff lines.  On entry into force, 
the Trans Pacific's exporters enjoyed a relative ma rgin of preference of 80% for industrial products 
vis-à-vis  the prevailing average MFN tariff in 2006, and a relative margin of preference of 67.6% for 
agricultural goods. WT/REG229/1 
Page 62  
 
  Table AI.2 
Chile:  Indicators of MFN tariff rates and pref erential rates for imports from Trans Pacific SEP 
ALL PRODUCTS Agricultural productsa Non Agricultural products 
Average applied 
tariff Average applied 
tariff Average applied 
tariff Origin 
of 
goods Year 
Overall 
(%) On 
dutiableb 
(%) Share of 
duty-free 
tariff lines 
(%) Overall 
(%) On 
dutiableb
(%) Share of 
duty-free 
tariff lines 
(%) Overall 
(%) On 
dutiableb 
(%) Share of 
duty-free 
tariff lines
(%) 
MFN 2006 6.2 6.2 0.4 7.4 7.4 0.0 6.0 6.0 0.5 
Trans-Pacific SEP 2006 1.3 5.2 74.5 2.4 9.5 74.8 1.2 4.6 74.4 
 2007 1.0 3.8 74.5 2.0 8.1 74.8 0.8 3.2 74.4 
 2008 0.6 4.3 85.9 1.7 11.3 85.3 0.4 3.2 85.9 
 2009 0.5 3.4 85.9 1.5 10.0 85.3 0.3 2.3 85.9 
 2010 0.3 2.4 85.9 1.3 9.1 85.3 0.2 1.3 85.9 
 2011 0.2 6.5 96.8 1.2 14.9 92.1 0.1 2.4 97.5 
 2012 0.1 5.4 96.8 1.0 13.2 92.1 0.0 1.8 97.5 
 2013 0.1 4.6 96.8 0.9 11.5 92.1 0.0 1.2 97.5 
 2014 0.1 3.6 96.8 0.8 9.7 92.1 0.0 0.6 97.5 
 2015 0.1 16.2 99.5 0.6 16.2 96.1 0.0 0.0 100.0 
 2016 0.1 15.3 99.5 0.6 15.3 96.1 0.0 0.0 100.0 
 2017 0.1 84.9 99.9 0.6 84.9 99.3 0.0 0.0 100.0 
a WTO definition. 
b "on dutiable" excludes duty-free tariff lines. 
 
Source:  Data provided by Chile. 
 
146. New Zealand  has a variable MFN tariff structure.  Its (unweighted) average MFN rate (2006) 
is 3.5% on all goods, with a higher average tariff applied to non-agricultural products than to 
agricultural goods.  Duty-free tariff lines account for 58. 6% of all lines.  On entry into force of the 
Agreement, the Trans Pacific's exporters enjoyed a relative margin of preference of 52.6% for 
industrial products vis-à-vis  the prevailing average MFN tariff in 2006, and a relative margin of 
preference of 100% for agricultural goods. 
Table AI.3 
New Zealand:  Indicators of MFN tariff rates and pr eferential rates for imports from Trans Pacific SEP 
ALL PRODUCTS Agricultural productsa Non Agricultural products 
Average applied 
tariff Average applied 
tariff Average applied 
tariff Origin 
of 
goods Year 
Overall 
(%) On 
dutiableb 
(%) Share of 
duty-free 
tariff lines 
(%) Overall 
(%) On 
dutiableb
(%) Share of 
duty-free 
tariff lines 
(%) Overall 
(%) On 
dutiableb 
(%) Share of 
duty-free 
tariff lines
(%) 
MFN 2005 3.5 8.5 58.6 2.1 6.0 64.6 3.8 8.9 57.4 
Trans-Pacific SEP 2006 1.6 8.8 82.3 0.0 5.0 99.2 1.8 8.9 79.4 
 2007 1.4 7.8 82.3 0.0 4.5 99.2 1.6 7.8 79.4 
 2008 1.1 6.9 83.8 0.0 4.0 99.2 1.3 6.9 81.2 
 2009 0.9 5.6 83.8 0.0 3.0 99.2 1.0 5.6 81.2 
 2010 0.6 6.3 90.9 0.0 0.0 100.0 0.7 6.3 89.3 
 2011 0.5 5.5 90.9 0.0 0.0 100.0 0.6 5.5 89.3 
 2012 0.4 4.8 90.9 0.0 0.0 100.0 0.5 4.8 89.3 
 2013 0.4 4.2 90.9 0.0 0.0 100.0 0.4 4.2 89.3 
 2014 0.4 4.1 90.9 0.0 0.0 100.0 0.4 4.1 89.3 
 2015 0.0 0.0 100.0 0.0 0.0 100.0 0.0 0.0 100.0 
a WTO definition. 
b "on dutiable" excludes duty-free tariff lines. 
 
Source:  Data provided by New Zealand. 
 
147. Singapore's  tariff structure is duty free on an MFN basis for all but six tariff lines.  These 
lines are liberalized upon entry into force of the Ag reement, resulting in complete duty-free treatment 
for Trans Pacific's exports to Singapore.  WT/REG229/1 
 Page 63 
 
 
  Table AI.4 
Singapore:  Indicators of MFN tariff rates and pref erential rates for imports from Trans Pacific SEP 
ALL PRODUCTS Agricultural productsa Non Agricultural products 
Average applied 
tariff Average applied 
tariff Average applied 
tariff Origin 
of 
goods Year 
Overall 
(%) On 
dutiableb 
(%) Share of 
duty-free 
tariff lines 
(%) Overall 
(%) On 
dutiableb
(%) Share of 
duty-free 
tariff lines 
(%) Overall 
(%) On 
dutiableb 
(%) Share of 
duty-free 
tariff lines
(%) 
MFN 2006 0.0 0.0 99.9 0.0 0.0 99.5 0.0 0.0 100.0 
Trans-Pacific SEP 2006 0.0 0.0 100.0 0.0 0.0 100.0 0.0 0.0 100.0 
a WTO definition. 
b "on dutiable" excludes duty-free tariff lines. 
 
Source:  Data provided by Singapore. 
 
148. Table AI.5 shows the market access opportunities in the Parties to the TPSEP for Brunei's top 
25 exports, which in 2003-2005 accounted on average fo r 97% of Brunei's global exports.  The table 
shows the year in which all HS 8-digit ta riff lines corresponding to the product definition 
(i.e. applying to the 6-digit HS code used to captu re the volume of trade) will become duty-free in the 
TPSEP. 
149. Brunei's top 25 exports (at the HS 6-digit level) cover a total of 59 HS 8-digit tariff lines in 
Chile's tariff schedule (all subject to MFN duties);  34 HS 8-digit tariff lines in New Zealand's tariff schedule (10 duty-free and 24 subject to MFN duties);  and 50 HS 8-digit tariff lines in Singapore's tariff schedule (all duty-free).  All of Brunei's top 25 exports will be granted duty-free treatment by the TPSEP Parties although subject to different timeframes.  In the case of Chile, the 59 dutiable tariff 
lines will be gradually liberalized by year ten of the Agreement (26 tariff lines in 2006; 1 in 2008; 
26 in 2011; and 6 in 2015);  on these tariff lines  Chile will be granting to Brunei a margin of 
preference of 6 percentage points.  In case of New Zealand, the 24 dutiable tariff lines will be 
liberalized progressively by year 10 of the Agreement (6 tariff lines in 2006;  and 18 in 2015);  the margin of preference granted by New Zealand varies  from 0 to 19 percentage points.  In the case of 
Singapore, no margin of preference  is granted since all of the tariff lines corresponding to Brunei's top 
25 exports were already duty-free on entry into force of the Agreement. 
150. Table AI.6 shows the market access opportunities in the Parties to the TPSEP for Chile's top 
25 exports, which in 2003-2005 accounted on average for 71.7% of Chile's global exports.  The table 
shows the year in which all HS 8-digit ta riff lines corresponding to the product definition 
(i.e. applying to the 6-digit HS code used to captu re the volume of trade) will become duty-free in the 
TPSEP. 
151. Chile's top 25 exports to the world (at the HS 6- digit level) cover a total of 62 tariff lines in 
Brunei's tariff schedule (40 duty-free and 22 subject to MFN duties);  75 HS 8-digit tariff lines in New Zealand's tariff schedule (58 duty-free and 17 subj ect to MFN duties);  and 62 HS 8-digit tariff 
lines in Singapore's tariff schedule (all duty-free).  Most of Chile's top 25 exports will be granted 
duty-free treatment under the TPSEP according to differen t timeframes.  In the case of Brunei, of the 
22 dutiable tariff lines, 18 will be pr ogressively liberalized by year ten of the Agreement (4 tariff lines 
in 2010; and 14 holding specific duties in 2015);  th e margin of preference granted by Brunei varies 
from 0 to 20 percentage points.  As for the four ta riff lines retaining a duty, these relate to products 
subject to specific duties and excluded by Brunei under the Agreement on grounds of protection of 
public morals, human heath and security;  these pr oducts rank fifth among Chile 's top 25 exports to 
the world and account on average for 2.3% of Chile's global exports.  With respect to New Zealand, the 17 dutiable tariff lines are liberalized on entry into force of the Agr eement;  the margin of 
preference granted by New Zealand varies from 0 to 7 percentage points.  In the case of Singapore, no 
margin of preference is granted since all of th e tariff lines corresponding to Chile's top 25 exports 
were already duty-free on entry in to force of the Agreement. WT/REG229/1 
Page 64  
 
  152. Table AI.7 shows the market access oppor tunities in the Parties to the TPSEP for 
New Zealand's top 25 exports, which in 2003-2005 accounted on average for 46.6% of New Zealand's 
global exports.  The table shows the year in whic h all HS 8-digit tariff lines corresponding to the 
product definition (i.e. applying to the 6-digit HS code used to capture the volume of trade) will 
become duty-free in the TPSEP. 
153. New Zealand's top 25 exports to the world (at the HS 6-digit level) cover a total of 98 tariff 
lines in Brunei's tariff schedule (59 duty-free and 39 subject to MFN duties);  94 HS 8-digit tariff lines in Chile's tariff schedule (all subject to MFN dutie s);  and 97 HS 8-digit tariff lines in Singapore's 
tariff schedule (all duty-free).  Most of New Zeal and's top 25 exports will be granted duty-free 
treatment under the TPSEP according to different timeframes.  In the case of Brunei, of the 
39 dutiable tariff lines, 27 will be liberalized in 20 10;  the margin of preference granted by Brunei 
varies from 0 to 20 percentage points.  The 12 tariff li nes retaining a duty relate to products subject to 
specific duties and excluded by Brunei under the Agreement on grounds of protection of public 
morals, human heath and security.  With respect to  Chile, the 94 dutiable tariff lines are liberalized 
progressively by year 12 of the Agreement (70 lines in 2006; 7 in 2008; 1 in 2011; and 16 in 2017);  
the margin of preference granted by Chile is of 6 percentage points.  In the case of Singapore, no 
margin of preference is granted since all of  the tariff lines corresponding to New Zealand's top 
25 exports were already duty-free on entry into force of the Agreement. 
154. Table AI.8 shows the market access opportunities in the Parties to the TPSEP for Singapore's 
top 25 exports, which in 2003-2005 accounted on average for 55.9% of Singapore's global exports.  
The table shows the year in which all HS 8-digi t tariff lines corresponding to the product definition 
(i.e. applying to the 6-digit HS code used to captu re the volume of trade) will become duty-free in the 
TPSEP. 
155. Singapore's top 25 exports to the world (at the HS 6-digit level) cover a total of 129 tariff 
lines in Brunei's tariff schedule (63 duty-free and 66 subject to MFN duties);  104 HS 8-digit tariff lines in Chile's tariff schedule (all subject to MF N duties);  and 78 HS 8-digit tariff lines in 
New Zealand's tariff schedule (55 duty-free and 23 subject to MFN duties).  All of Singapore's top 
25 exports will be granted duty-free treatment under the TPSEP although according to different 
timeframes.  In the case of Brunei, the 66 dutiable tariff lines will be progressively liberalized by year 
ten of the Agreement (2 lines in 2010; 38 in 2012; and 26, of which 14 with specific duties, in 2015);  the margin of preference granted by Brunei varies from 0 to 20 percentage points.  In the case of 
Chile, the 104 dutiable tariff lines are liberalized progr essively by year two of the Agreement (94 lines 
in 2006; and 10 in 2008);  the margin of preference granted by Chile is of 6 percentage points.  In the 
case of New Zealand, the 23 dutiable tariff lines are liberalized progressively by year four of the 
Agreement (15 tariff lines in 2006;  and 8 in 2010);  the margin of preference granted by New Zealand 
varies from 0 to 7.7 percentage points.
62 
 
                                                      
62 It should be noted that trade in originating goods between New Zealand and Singapore is already 
duty free under the ANZCEP and those market access conditions may be chosen  by exporters of either party 
over those provided under the Agreement (See paragraph 128).  
   WT/REG229/1
 Page 65Table AI.5 
Market access opportunities in TP SEP, for Brunei's top 25 exports 
Brunei's top 25 exports in 2003-05  Access conditions to TPSEP's import markets 
  Chile New Zealand Singapore 
  MFN TPSEP MFN TPSEP MFN TPSEP 
 
Duty-free 
Dutiable Duty 
free by 
2015 
Duty-free 
Dutiable Duty 
free by 
2015 
Duty-free 
Dutiable Duty 
free in 
2006 
HS 6-digit and description of product Share in 
global 
export 
(%) Average 
applied 
MFN 
rate 
(%) 
Number of tariff lines Average 
applied 
MFN 
rate 
(%) 
Number of tariff lines Average 
applied 
MFN 
rate 
(%) 
Number of tariff lines 
270900 Petroleum oils and oils obtained from bituminous  minerals, crude 57.6 6.0 0 2 2 0.0 1 0 0 0.0 2 0 0 
271111 Natural gas 32.5 6.0 0 1 1 0.0 1 0 0 0.0 1 0 0 
610910 T-shirts, singlets and other ve sts of cotton, knitted/crocheted 1. 5 6.0 0 4 4 19.0 0 3 3 0.0 2 0 0 
890520 Floating or submersible dr illing or production platforms 1.0 6.0 0 1 1 3.0 1 1 1 0.0 1 0 0 
845929 Drilling machines, other 0.5 6.0 0 1 1 7.0 0 1 1 0.0 2 0 0 
721935 Flat-rolled products of stainless steel , not further worked than cold-rolled, 
of a thickness of less than 0.5 mm 0.5 6.0 0 1 1 0.0 1 0 0 0.0 1 0 0 
611420 Other garments of cotton, knitted/croc heted 0.5 6.0 0 1 1 19.0 0 1 1 0.0 1 0 0 
880330 Other parts of airplanes or helicopt ers 0.4 6.0 0 2 2 0.0 1 0 0 0.0 1 0 0 
610610 Women's or girls' blouses, shirts of cotton, knitted/crocheted 0.4 6.0 0 1 1 19.0 0 2 2 0.0 1 0 0 
820750 Tools for drilling, other than for rock  drilling 0.3 6.0 0 2 2 7.0 0 1 1 0.0 1 0 0 
621149 Women's or girls' other garments of other te xtile materials 0.2 6.0 0 1 1 19.0 0 1 1 0.0 2 0 0 
621131 Men's or boys' other garments of wool or fine animal hair 0.2 6.0 0 1 1 19.0 0 1 1 0.0 1 0 0 
620520 Men's or boys' shirts of cotton 0.2 6.0 0 2 2 19.0 0 2 2 0.0 1 0 0 
610510 Men's or boys' shirts of cotton, knitted/ crocheted 0.1 6.0 0 4 4 19.0 0 2 2 0.0 1 0 0 
847990 Parts of machines and mechanical appliances, n.e.s. 0.1 6.0 0 5 5 7.0 0 2 2 0.0 4 0 0 
621010 Garments made off fabrics of heading 56.02 or 56.03 0.1 6.0 0 3 3 19.0 0 1 1 0.0 4 0 0 
610462 Women's or girls' trousers, overalls, of cotton 0.1 6.0 0 8 8 19.0 0 1 1 0.0 1 0 0 
620319 Men's or boys' suits other than of other te xtile materials 0.1 6.0 0 3 3 19.0 0 1 1 0.0 3 0 0 
852520 Transmission apparatus incor porating reception appa ratus 0.1 6.0 0 4 4 0.0 2 0 0 0.0 11 0 0 
848590 Machinery parts, n.e.s., other 0.1 6.0 0 2 2 3.5 1 1 1 0.0 2 0 0 
841182 Other gas turbines, of a power exceeding 5,000 kW 0.1 6.0 0 2 2 0.0 1 0 0 0.0 1 0 0 
610442 Women's or girls' dresses, of cotton 0.1 6.0 0 1 1 19.0 0 1 1 0.0 1 0 0 
840690 Steam turbines and other vapour turbines , parts 0.1 6.0 0 4 4 0.0 1 0 0 0.0 1 0 0 
610469 Women's or girls' trousers, overalls, of other textile materials 0.1 6.0 0 1 1 19.0 0 1 1 0.0 2 0 0 
610459 Women's or girls, skirts, of other textile  materials 0.1 6.0 0 2 2 19.0 0 1 1 0.0 2 0 0 
TOTAL 97.0  0 59 59  10 24 24  50 0 0 
Source: Data provided by UNSD Comtrade database and the Parties. 
 
  
  WT/REG229/1 
Page 66 Table AI.6 
Market access opportunities in TP SEP, for Chile's top 25 exports 
Chile's top 25 exports in 2003-05 Access conditions to TPSEP's import markets 
  
Brunei New Zealand Singapore 
  MFN TPSEP MFN TPSEP MFN TPSEP 
 
Duty-free 
Dutiable Duty 
free by 
2015 
Duty-free 
Dutiable Duty 
free in 
2006 
Duty-free 
Dutiable Duty 
free in 
2006 
HS 6-digit and description of product  Share in 
global 
exports 
(%) Average 
applied 
MFN 
rate 
(%) 
Number of tariff lines  Average 
applied 
MFN 
rate 
(%) 
Number of tariff lines Average 
applied 
MFN 
rate 
(%) 
Number of tariff lines 
740311 Refined copper, cathodes and sections of cathodes 24.4 0.0 1 0 0 0.0 1 0 0 0.0 1 0 0 
260300 Copper ores and concentrates 15.0 0.0 1 0 0 0.0 1 0 0 0.0 1 0 0 
261310 Molybdenum ores and concentrates, ro asted 3.0 0.0 1 0 0 0.0 1 0 0 0.0 1 0 0 
740200 Unrefined copper; c opper anodes for electrolytic refining 2.8 0.0 2 0 0 0.0 1 0 0 0.0 2 0 0 
470321 Chemical wood pulp, non-dissolving grades, semi-bleach ed or bleached: 
coniferous 2.3 0.0 1 0 0 0.0 1 0 0 0.0 1 0 0 
220421 Wine of fresh grapes, in cont ainers holding <=2 litres 2.3 ... 0 4a 0 7.0 0 3 3 0.0 4 0 0 
080610 Grapes, fresh 2.2 0.0 1 0 0 0.0 1 0 0 0.0 1 0 0 
440710 Wood sawn, of a thickness > 6mm, coniferous 1.9 20.0 0 3 3 2.3 10 5 5 0.0 3 0 0 
261390 Molybdenum ores and concentrates, not roasted 1.8 0.0 1 0 0 0.0 1 0 0 0.0 1 0 0 
290511 Methanol (methyl alcohol) 1.8 0.0 1 0 0 0.0 3 0 0 0.0 1 0 0 
030420 Frozen fish fillets 1.4 0.0 1 0 0 0.0 1 0 0 0.0 1 0 0 
030410 Fish fillets and other fish meat, fresh or chilled 1.3 0.0 1 0 0 0.0 1 0 0 0.0 1 0 0 
230120 Flours, meals and pellets, of fish or of crustaceans, molluscs or other 
aquatic invertebrates 1.3 0.0 1 0 0 6.5 0 1 1 0.0 1 0 0 
740319 Refined copper, other than cathodes/wire-b ars/billets 1.3 0.0 1 0 0 0.0 1 0 0 0.0 1 0 0 
271011 Light petroleum oils and preparations, othe r than crude 1.2 0.0 6 8 8 0.0 2 0 0 0.0 14 0 0 
710812 Gold, non-monetary, other unwrought forms 1.0 0.0 2 0 0 0.0 1 0 0 0.0 2 0 0 
080810 Apples 1.0 0.0 1 0 0 0.0 1 0 0 0.0 1 0 0 
470329 Chemical wood pulp, non-dissolving grades, semi-bleach ed or bleached: 
non-coniferous 0.9 0.0 1 0 0 0.0 1 0 0 0.0 1 0 0 
440910 Wood continuously shaped, coniferous 0.9 20.0 0 1 1 1.7 2 1 1 0.0 1 0 0 
720270 Ferro-molybdenum 0.7 0.0 1 0 0 0.0 1 0 0 0.0 1 0 0 
030319 Pacific salmon, other than sockeye salmon 0.7 0.0 1 0 0 0.0 1 0 0 0.0 1 0 0 
020329 Meat of swine, frozen, other 0.7 0.0 1 0 0 5.0 0 1 1 0.0 1 0 0 
030490 Frozen fish meat 0.7 0.0 1 0 0 0.0 1 0 0 0.0 1 0 0 
271019 Petroleum oils, crude, other than light  oils 0.7 0.0 12 6 6 1.4 24 6 6 0.0 18 0 0 
280120 Iodine 0.6 0.0 1 0 0 0.0 1 0 0 0.0 1 0 0 
TOTAL 71.7  40 22 18  58 17 17  62 0 0 
Source: Data provided by UNSD Comtrade database and the Parties. 
a Non ad valorem  tariff lines.  
   WT/REG229/1
 Page 67Table AI.7 
Market access opportunities in TPSE P, for New Zealand's top 25 exports 
Access conditions to TPSEP's import markets 
 
Brunei Chile Singapore 
 MFN TPSEP MFN TPSEP MFN TPSEP New Zealand's top 25 exports in 2003-05 
Duty-free 
Dutiable Duty 
free by 
2010 
Duty-free 
Dutiable Duty 
free by 
2017 
Duty-free 
Dutiable Duty 
free in 
2006 
HS 6-digit and description of product  Share in 
global 
exports 
(%) Average 
applied 
MFN 
rate 
(%) 
Number of tariff lines Average 
applied 
MFN 
rate 
(%) 
Number of tariff lines  Average 
applied 
MFN 
rate 
(%) 
Number of tariff lines 
040221 Milk and cream, not containing added sugar or other sweetening matte r 5.7 0.0 2 0 0 6.0 0 9 9 0.0 2 0 0 
020230 Frozen meat of bovine animals, boneless 4.9 0.0 1 0 0 6.0 0 3 3 0.0 1 0 0 
020442 Frozen meat of sheep, other cuts with bone in 4.0 0.0 1 0 0 6.0 0 4 4 0.0 1 0 0 
440710 Wood sawn, of a thickness >6mm, conife rous 2.5 20.0 0 3 3 6.0 0 3 3 0.0 3 0 0 
040690 Other cheese 2.4 0.0 1 0 0 6.0 0 5 5 0.0 1 0 0 
760110 Aluminium, not alloyed 2.4 0.0 1 0 0 6.0 0 1 1 0.0 1 0 0 
040210 Milk and cream in powder, granul es or other solid forms, of a fat 
content, by weight, not exceeding 1.5% 2.4 0.0 8 0 0 6.0 0 1 1 0.0 8 0 0 
081050 Kiwifruit 2.2 0.0 1 0 0 6.0 0 1 1 0.0 1 0 0 
040510 Butter 2.2 0.0 1 0 0 6.0 0 1 1 0.0 1 0 0 
440320 Wood in the rough, not treated with paints, coniferous 1.6 20.0 0 24 24 6.0 0 6 6 0.0 24 0 0 
510121 Shorn wool 1.6 0.0 1 0 0 6.0 0 1 1 0.0 1 0 0 
020443 Other frozen meat of sheep, boneless 1.5 0.0 1 0 0 6.0 0 3 3 0.0 1 0 0 
080810 Apples 1.4 0.0 1 0 0 6.0 0 7 7 0.0 1 0 0 
020422 Other meat of sheep, fresh or chilled,  wi th bone in 1.3 0.0 1 0 0 6.0 0 1 1 0.0 1 0 0 
350190 Caseinates and other casein derivatives; cas ein glues 1.3 0.0 1 0 0 6.0 0 2 2 0.0 1 0 0 
270900 Petroleum oils and oils obtained from bituminous  minerals, crude 1.2 0.0 3 0 0 6.0 0 2 2 0.0 2 0 0 
220421 Wine of fresh grapes, in contai ners holding 2 litres or less 1.1 ... 0 4a 0 6.0 0 10 10 0.0 4 0 0 
350110 Casein 1.1 0.0 1 0 0 6.0 0 1 1 0.0 1 0 0 
210690 Food preparations, n.e.s., other 1.0 0.0 23 8a 0 6.0 0 9 9 0.0 31 0 0 
040590 Fats/oils derived from milk, other than butter/dairy spreads 1.0 0.0 4 0 0 6.0 0 1 1 0.0 4 0 0 
030420 Frozen fish fillets 0.8 0.0 1 0 0 6.0 0 19 19 0.0 1 0 0 
710812 Gold, non-monetary, other unwrought forms 0.8 0.0 2 0 0 6.0 0 1 1 0.0 2 0 0 
470321 Chemical wood pulp, non-disso lving grades, semi-bleached or 
bleached: coniferous 0.8 0.0 1 0 0 6.0 0 1 1 0.0 1 0 0 
441121 Fireboard of wood, not mechanically worked  0.7 0.0 1 0 0 6.0 0 1 1 0.0 1 0 0 
040490 Products consisting of natural milk cons tituents 0.7 0.0 2 0 0 6.0 0 1 1 0.0 2 0 0 
TOTAL 46.6  59 39 27  0 94 94  97 0 0 
Source: Data provided by UNSD Comtrade database and the Parties. 
a Non ad valorem  tariff lines.  
  WT/REG229/1 
Page 68 Table AI.8 
Market access opportunities in TPSE P, for Singapore's top 25 export 
Access conditions to TPSEP's import markets 
 
Brunei Chile New Zealand 
 MFN TPSEP MFN TPSEP MFN TPSEP Singapore's top 25 exports in 2003-05 
Duty-free 
Dutiable Duty 
free by 
2015 
Duty-free 
Dutiable Duty 
free in 
2008 
Duty-free 
Dutiable Duty 
free in 
2010 
HS 6-digit and description of product  Share in 
global 
exports 
(%) Average 
applied 
MFN 
rate 
(%) 
Number of tariff lines Average 
applied 
MFN 
rate 
(%) 
Number of tariff lines Average 
applied 
MFN 
rate 
(%) 
Number of tariff lines 
854229 Monolithic integrated circuits, other than  digital 12.2 0.0 2 0 0 6.0 0 1 1 0.0 1 0 0 
271019 Petroleum oils, crude, other than light  oils 6.6 0.0 12 6 6 6.0 0 13 13 1.4 24 6 6 
847330 Parts and accessories of the machines of heading 84.71 6.5 0.0 3 0 0 6.0 0 4 4 0.0 1 0 0 
847170 Storage units 5.5 0.0 7 0 0 6.0 0 3 3 0.0 1 0 0 
854221 Monolithic integrated circuits, dig ital 5.4 0.0 2 0 0 6. 0 0 3 3 0.0 1 0 0 
271011 Light petroleum oils and preparations, othe r than crude 3.2 0.0 6 8 8 6.0 0 7 7 0.0 2 0 0 
852520 Transmission apparatus incor porating reception appa ratus 2.9 5.0 0 11 11 6.0 0 4 4 0.0 2 0 0 
854260 Hybrid integrated circuits 2.0 0.0 1 0 0 6.0 0 1 1 0.0 1 0 0 
854290 Parts of electronic integrated circuits and micro assemblies 1.4 20.0 0 3 3 6.0 0 1 1 0.0 1 0 0 
852990 Parts suitable for use with apparatus of headings 85.25 to 85.28, other 
than aerials and aerial reflectors 1.0 5.0 0 15 15 6.0 0 8 8 3.8 5 6 6 
847160 Input or output units 1.0 0.0 11 0 0 6.0 0 13 13 0.0 1 0 0 
843143 Parts of boring or sinking machinery of subheading 8430.41/.49 0.9 15.0 0 2 2 6.0 0 3 3 4.0 1 2 2 
847180 Other units of automatic data processing machines 0.9 0.0 8 0 0 6.0 0 3 3 0.0 1 0 0 
293090 Other organo-sulphur compounds 0.7 0.0 1 0 0 6.0 0 17 17 0.0 1 0 0 
292250 Amino-alcohol-phenols, ami no-acid-phenols and other amino-
compounds with oxygen function 0.7 0.0 2 0 0 6.0 0 1 1 0.0 1 0 0 
853690 Other electrical apparatus for sw itching/protecting electrical circuits, 
for a voltage <=1,000 volts 0.7 20.0 0 4 4 6.0 0 5 5 7.0 0 1 1 
852491 Recorded media for reproducing other than sound and image 0.7 1.7 2 1 1 6.0 0 2 2 0.0 1 0 0 
854129 Other transistors 0.6 0.0 1 0 0 6.0 0 1 1 0.0 1 0 0 
853400 Printed circuits 0.5 20.0 0 4 4 6.0 0 1 1 0.0 1 0 0 
880330 Other parts of airplanes or helicopt ers 0.5 0.0 1 0 0 6.0 0 2 2 0.0 1 0 0 
854190 Parts of semiconductor devices 0.4 20.0 0 1 1 6.0 0 1 1 0.0 1 0 0 
854110 Diodes, other than photosensitive or light em itting diodes 0.4 0.0 1 0 0 6.0 0 1 1 0.0 1 0 0 
870899 Other parts of motor vehicle of headings 87.01 to 87.05 0.4 20.0 0 11 11 6.0 0 7 7 7.7 3 8 8 
293329 Other heterocyclic compounds 0.4 0.0 2 0 0 6.0 0 1 1 0.0 1 0 0 
854150 Other semiconductor devices 0.4 0.0 1 0 0 6.0 0 1 1 0.0 1 0 0 
TOTAL 55.9  63 66 66  0 104 104  55 23 23 
Source: Data provided by UNSD Comtrade database and the Parties. WT/REG229/1 
 Page 69 
 
 
  ANNEX II 
 
 
Table AII.1 
Rules of origin Trans-Pacific SEP Agreement 
HS Section and Description HS Ch. Rule Technical rule RVC 
I - Live Animals; Animal Products 1-5 CC   
6-8 CC 
9 CC – CTH - CTSH 
10 CC 
11 CC – CTH - CTSH 
12 CC - CTH 
13 CC II - Vegetable Products 
14 CC or RVC  45% 
III - Animal or Vegetable Fat and Oils 15 CC - CTH Refining  
16 CC 
17 CTH 
18 CC - CTH 
19 CTH or RVC 
20 CC - CTH or RVC - CTSH+RVC 
21 CTH or RVC - CTSH 
22 CC - CTH 
23 CC - CTH or RVC IV - Prepared Foodstuffs; Beverages, 
Spirits and Vinegar 
24 CTH or RVC  45% 
25 CTH - CTSH  
26 CTH  V - Mineral Products 
27 CTH - CTH or RVC - CT SH Chemical reaction 45% 
28 CTH – CTSH - CTH or RVC Chemical reaction or standard 
materials 
29 CTH – CTSH - CTH or RVC Chemical reaction or standard 
materials or isomer separation 
30 CTH - CTSH 
31 CTH or RVC Chemical reaction 
32 CTH – CTSH - CTH or RVC Chemical reaction or standard 
materials 
33 CTSH or RVC - CTH or RVC 
34 CTSH or RVC - CTH or RVC - CTH 
35 CTSH or RVC - CTH or RVC 
36 CTH 
37 CTH - CTSH VI - Chemical Products 
38 CTSH or RVC - CTH or RVC - CTSH Chemical reaction 45% 
39 CTH or RVC Chemical reaction or 
compounding VII - Plastics 
40 CC - CTH or RVC - CTH Chemical reaction 45% 
41 CC - CTH 
42 CC VIII - Raw Hides and Skins 
43 CC - CTH   
IX - Wood and Articles of Wood 44-46 CTH   
47 CTH 
48 CTH - CTSH X - Pulp of Wood 
49 CC   
50 CTH - CTH+RVC 
51 CTH+RVC 
52 CC+RVC - CTH+RVC 
53 CC - CTH+RVC 
54-55 CC+RVC - CTH+RVC 
56-58 CTH+RVC 
59-60 CC+RVC XI – Textile 
61-63 CC+RVC + technical requirement  50% 
64 CTH+RVC - CC 
65-66 CC – CTH XII – Footwear 
67 CTH  50% 
68 CTH 
69 CC XIII - Stone, plaster, cement 
70 CTH   
  
Table AII.1 (Cont'd) WT/REG229/1 
Page 70  
 
  Rules of origin Trans-Pacific SEP Agreement 
HS Section and Description HS Ch. Rule Technical rule RVC 
XIV – Pearls 71 CC - CTH/CTH or RVC  45% 
72-73 CTH - CTH or RVC 
74-75 CTH 
76 CTH - CTH or RVC 
78-80 CTH 
81 CC - CTSH/CC or RVC - CTSH or RVC 
82 CC - CC or RVC XV - Base metals 
83 CTH - CTH or RVC - CTSH  45% 
84 CTSH – CTH - CTH or RVC - CTSH or 
RVC XVI – Machinery 
85 CTH - CTH or RVC - CTSH  45% 
86 CTH - CTH or RVC 
87 CTH or RVC – CTSH - CTH 
88 CTH XVII - Vehicles, Aircraft, Vessels 
89 CTH - CTH or RVC  45% 
90 CTH - CTH or RVC - CTSH 
91 CTH - CTH or RVC - CTSH XVIII – Optical 
92 CTH  45% 
XIX - Arms and Ammunition 93 CTH - CC or RVC  45% 
94-95 CTH - CTH or RVC – CC - CC or RVC XX – Miscellaneous 96 CC – CTH - CTH or RVC - CTSH  45% 
XXI - Works of Art 97 CC   
 
__________