SINGAPORE-AUSTRALIADIGITAL ECONOMY AGREEMENTSINGAPORE-AUSTRALIA DIGITAL ECONOMY AGREEMENT
PreambleThe

and the Government of

Recognising the depth and strength of their close economic relationship, underpinned by
the Joint Declaration by the Prime Ministers of Australia and Singapore on aComprehensive Strategic Partnershipsigned at Singapore on June 29, 2015 andthe Singapore-Australia Free Trade Agreement;
Sharing the vision for a greater acceleration, integration and digital transformation of the
Recalling their shared commitment to deepen bilateral cooperation on the digital
economy;Recognising the fundamental role of small and medium-sized enterprises in maintaining
dynamism and enhancing competitiveness in the digital economy;
Further recognising the economic opportunities and the wider access to goods andservices brought about by the digital economy;
Seeking to establish new benchmarks for cooperation in relation to the digital economy
in order to enhance these economic opportunities;
Complementing
ambitious benchmarks, rules and standards for the digital economy; andAffirming
Organization, and other multilateral, regional and bilateral agreements andarrangements concerning the digital economy;
Have agreed as follows:
ARTICLE 1
Objectives
The objectives of this Agreement are to:(a)deepen bilateral relations and cooperation, and enhance the integration of
the two economies of the Parties under the CSP;

2

(b)

support the growth of economic activity between the Parties;(c)

expand the scope of cooperation between the Parties on matters concerning
the digital economy;(d)establish new, ambitious and transparent benchmarks that will support thegrowth and effective regulation of the digital economy;(e)relationship;(f)including at the WTO; and(g)facilitate greater business-to-business and research links between theParties.
ARTICLE 2
General Definitions

For the purposes of this Agreement:(a)Agreement means the Singapore-Australia Digital Economy Agreement;
and

(b)

Singapore-Australia Free Trade Agreement means the SingaporeAustralia Free Trade Agreement, done at Singapore on February 17, 2003.
ARTICLE 3
Amendment of the Singapore-Australia Free Trade Agreement

The Parties agree to amend the Singapore-Australia Free Trade Agreement. In
accordance with Article 11 (Amendments) of Chapter 17 (Final Provisions) of theSingapore-Australia Free Trade Agreement, the Parties have agreed to:(a)replace the provisions of Chapter 14 (Electronic Commerce) of theSingapore-Australia Free Trade Agreement with the provisions set out inAnnex A to this Agreement; and(b)amend the preamble and Chapter 9 (Financial Services) of the SingaporeAustralia Free Trade Agreement as set out in in Annex B to this Agreement.

3

ARTICLE 4
Cooperation
Recognising the role of technical cooperation between the Parties in increasing
and enhancing the opportunities provided by the digital economy, the Parties shallendeavour to cooperate on matters concerning the digital economy and shall also
encourage their businesses, researchers and academics in their respective territories toengage in this cooperation. The Parties may undertake such cooperation under the
auspices of the CSP, this Agreement, the Singapore-Australia Free Trade Agreement or
any instrument entered into by the Parties in connection with the conclusion of thisAgreement, or in the context of other international fora of which the Parties are
participants or members.
ARTICLE 5
Entry into ForceThis Agreement shall enter into force on the date of the later note of an exchange
of notes confirming that each Party has completed its respective domestic requirements
for the entry into force of this Agreement.
ARTICLE 6
Amendments
1.
This Agreement may be amended by agreement in writing by the Parties and such
amendments shall enter into force on such date or dates as may be agreed between theParties.
2.
For greater certainty, any subsequent amendments to the preamble, and Chapters
9 (Financial Services) and 14 (Electronic Commerce) of the Singapore-Australia Free
Trade Agreement shall be made in accordance with Article 11 (Amendments) of Chapter
17 (Final Provisions) of the Singapore-Australia Free Trade Agreement.

4

IN WITNESS WHEREOF, the undersigned, being duly authorised by theirgovernments, have signed this Agreement.
DONE, in duplicate, at Singapore and Adelaide, Australia on this day of the sixth ofAugust, two thousand and twenty.

FOR THE GOVERNMENT OF
THE REPUBLIC OF SINGAPORE:

FOR THE GOVERNMENT OF
AUSTRALIA:

5ANNEX A
The provisions of Chapter 14 (Electronic Commerce) of the Singapore-Australia Free
Trade Agreement shall be replaced with the provisions of Chapter 14 (Digital Economy)
as follows:
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DIGITAL ECONOMY
ARTICLE 1
Definitions

For the purposes of this Chapter:(a)administrative ruling of general application means an administrative
ruling or interpretation that applies to all persons and fact situations that fall
generally within the ambit of that administrative ruling or interpretation andthat establishes a norm of conduct, but does not include:(i)a determination or ruling made in an administrative or quasi-judicial
proceeding that applies to a particular person, good or service of theother Party in a specific case; or(ii)

a ruling that adjudicates with respect to a particular act or practice;(b)processing or storing information for commercial use but does not include
computer servers or storage devices of or used to access financial market
infrastructures;(c)Mutual Recognition Agreement on Conformity Assessment between the
Government of Australia and the Government of the Republic of Singapore;(d)means an enterprise of a Party that is owned orcontrolled, directly or indirectly, by a person of either Party;(e)means a covered enterprise or a natural person of either
Party;(f)means customs duty as defined in Article 2(e) (General
Definitions) of Chapter 1 (Objectives and General Definitions);(g)
recording or other product that is digitally encoded, produced for6commercial sale or distribution, and that can be transmitted electronically; 12(h)means the process or act of verifying the identityof a party to an electronic communication or transaction and ensuring the
integrity of an electronic communication;(i)means the automated creation, exchange andprocessing of a request for payment between a supplier and a buyer using a
structured digital format;(j)electronic payments means a
acceptable to a payee made through electronic means;(k)transmission made using any electromagnetic means, including by photonicmeans;(l)format prescribed by a Party, including a document sent by facsimiletransmission;
(m)

:
(i)

any entity constituted or organised under applicable law, whether or
not for profit, and whether privately or governmentally owned orcontrolled, including any corporation, trust, partnership, sole
proprietorship, joint venture, association or similar organisation; and(ii)a branch of an enterprise;(n)means an enterprise constituted or organised under
the law of a Party, or a branch located in the territory of a Party and carryingout business activities there;3(o)existing means in effect on the date of entry into force of Chapter 14(Digital Economy);

1

including money.
2

digital products through electronic transmission should be categorised as trade in services or trade in goods.
3

o treat a branch under its laws as an entity that has no
independent legal existence and is not separately organised.

7

(p)suppliers participate with other financial services suppliers, including theoperator of the system, used for the purposes of:(i)clearing, settling or recording of payments, securities or derivatives;
or

(ii)

other financial transactions;(q)means financial service as defined in Article 1(g)(Definitions) of Chapter 9 (Financial Services);(r)

FinTech means the use of technology to improve and automate thedelivery and use of financial services;

(s)
(t)
(i)

for Australia, a natural person who is an Australian citizen as definedin the Australian Citizenship Act 2007 (Commonwealth) as amended
from time to time, or any successor legislation;(ii)

for Singapore, a person who is a citizen of Singapore within themeaning of its Constitution and its domestic laws; or(iii) a permanent resident of either Party;
(u)
(v)
(w)
identified or identifiable natural person;(x)
manage compliance with regulatory processes;(y)means sanitary or phytosanitary
measure as defined in the Agreement on the Application of Sanitary andPhytosanitary Measures, set out in Annex 1A to the WTO Agreement;(z)means telecommunications as defined in Article 1(y)of Chapter 10 (Telecommunications Services);

(aa)

8

Party that must be completed by or for an importer or exporter in connection
with the import or export of goods;(bb)Agreement on Trade-Related Aspects ofIntellectual Property Rights, set out in Annex 1C to the WTO Agreement;4
and

(cc)
which are sent to an electronic address of a person for commercial ormarketing purposes without the consent of the recipient or despite theexplicit rejection of the recipient.
ARTICLE 2
Scope
1.
This Chapter shall apply to measures adopted or maintained by a Party that affecttrade by electronic means or that, by electronic means, facilitate trade.
2.

This Chapter shall not apply:(a)to government procurement; or(b)except for Article 27 (Open Government Data), to information held orprocessed on behalf of a Party or measures related to such information,
including measures related to its collection.

3.
Articles 6 (Non-Discriminatory Treatment of Digital Products), 23 (Cross-Border
Transfer of Information by Electronic Means), 24 (Location of Computing Facilities) and25 (Location of Computing Facilities for Financial Services) shall not apply to a measure
to the extent that the measure is not subject to an obligation in Chapters 7 (Cross-Border
Trade in Services), 8 (Investment) or 9 (Financial Services) by reason of:(a)Article 7 (Reservations) of Chapter 7 (Cross-Border Trade in Services),
Article 11 (Reservations) of Chapter 8 (Investment) or Article 10 (NonConforming Measures) of Chapter 9 (Financial Services); or(b)

any exception that is applicable to that obligation.

4.
For Australia, Articles 23 (Cross-Border Transfer of Information by Electronic
Means), 24 (Location of Computing Facilities) and 25 (Location of Computing Facilities
for Financial Services) shall not apply to credit information, or related personal4
For greater certainty, a reference in this Agreement to the TRIPS Agreement includes any waiver in force
between the Parties of any provision of the TRIPS Agreement granted by WTO Members in accordancewith the WTO Agreement.

9

information, of a natural person.
ARTICLE 3
General Exceptions
1.
For the purposes of this Chapter, Article XX of GATT 1994 and its interpretativenotes are incorporated into and made part of this Agreement, mutatis mutandis.
2.
For the purposes of this Chapter, paragraphs (a), (b) and (c) of Article XIV of
GATS are incorporated into and made part of this Agreement, mutatis mutandis.
3.
The Parties understand that the measures referred to in Article XX(b) of GATT1994 include environmental measures necessary to protect human, animal or plant life or
health, and that Article XX(g) of GATT 1994 applies to measures relating to theconservation of living and non-living exhaustible natural resources.
ARTICLE 4
Disclosure of Information
Nothing in this Chapter shall require a Party to furnish or allow access toconfidential information, the disclosure of which would be contrary to its law, impede
law enforcement, or otherwise be contrary to the public interest, or which would prejudicelegitimate commercial interests of particular enterprises, public or private.
ARTICLE 5
Customs Duties
1.
Neither Party shall impose customs duties on electronic transmissions, including
content transmitted electronically, between a person of a Party and a person of the otherParty.
2.
For greater certainty, paragraph 1 shall not preclude a Party from imposinginternal taxes, fees or other charges on content transmitted electronically, provided thatsuch taxes, fees or charges are imposed in a manner consistent with this Agreement.

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ARTICLE 6
Non-Discriminatory Treatment of Digital Products
1.
Neither Party shall accord less favourable treatment to a digital product created,
produced, published, contracted for, commissioned or first made available on commercial
terms in the territory of the other Party, or to a digital product of which the author,
performer, producer, developer or owner is a person of the other Party, than it accords toother like digital products.
2.
Paragraph 1 shall not apply to the extent of any inconsistency with the rights andobligations in the TRIPS Agreement or with Chapter 13 (Intellectual Property).
3.
The Parties understand that this Article does not apply to subsidies or grants
provided by a Party including government-supported loans, guarantees and insurance.
4.

This Article shall not apply to broadcasting.
ARTICLE 7
Information and Communication Technology Products that Use Cryptography

1.

For the purposes of this Article:(a)formula for combining a key with plaintext to create a ciphertext;(b)transformation of data in order to hide its information content, prevent its
undetected modification or prevent its unauthorised use; and is limited tothe transformation of information using one or more secret parameters, forexample, crypto variables, or associated key management(c)cannotbeeasily understood without subsequent re-conversion
ough the use of a cryptographic algorithm; and(d)algorithm that determines its operation in such a way that an entity withknowledge of the key can reproduce or reverse the operation, while anentity without knowledge of the key cannot.
2.

This Article shall apply to information and communication technology products11that use cryptography.5
3.
With respect to a product that uses cryptography and is designed for commercial
applications, neither Party shall impose or maintain a technical regulation or conformity
assessment procedure that requires a manufacturer or supplier of the product, as acondition of the manufacture, sale, distribution, import or use of the product, to:(a)transfer or provide access to a particular technology, production process orother information, for example, a private key or other secret parameter,algorithm specification or other design detail, that is proprietary to the
manufacturer or supplier and relates to the cryptography in the product, to(b)partner with a person in its territory; or(c)use or integrate a particular cryptographic algorithm or cipher,other than where the manufacture, sale, distribution, import or use of the product is by orfor the government of the Party.
4.

Paragraph 3 shall not apply to:(a)requirements that a Party adopts or maintains relating to access to networks
that are owned or controlled by the government of that Party, including thoseof central banks; or(b)measures taken by a Party pursuant to supervisory, investigatory or
examination authority relating to financial institutions or markets.

5.
For greater certainty, this Article
enforcement authorities from requiring service suppliers using encryption they control toprovide, in accordance withARTICLE 8
Domestic Electronic Transactions Framework
1.

For the purposes of this Article:(a)an electronic record that satisfies
the requirements set out in Article 10 of the UNCITRAL Model Law on
Electronic Transferable Records (2017), and may include an electronic

For greater certainty, for the purposes of this Article
instrument.

12

(b)

bill of lading; andinternational bodies" means international bodies to which both Parties are
participants or members.

2.

Each Party shall maintain a legal framework governing electronic transactions
consistent with the principles of the UNCITRAL Model Law on Electronic
Commerce (1996) or the United Nations Convention on the Use of Electronic
Communications in International Contracts, done at New York on November 23,
2005.

3.

Each Party shall endeavour to:(a)avoid any unnecessary regulatory burden on electronic transactions; and(b)facilitate input by interested persons in the development of its legal
framework for electronic transactions, including in relation to trade
documentation.

4.
The Parties recognise the importance of developing mechanisms to facilitate theuse of electronic transferrable records. To this end, in developing such mechanisms, theParties shall endeavour to take into account, as appropriate, relevant model legislative
texts developed and adopted by international bodies, such as the UNCITRAL Model Law
on Electronic Transferable Records (2017).
ARTICLE 9
Electronic Authentication and Electronic Signatures
1.
Except in circumstances otherwise provided for under its law, a Party shall notdeny the legal validity of a signature solely on the basis that the signature is in electronicform.
2.
Neither Party shall adopt or maintain measures for electronic authentication thatwould:(a)prohibit parties to an electronic transaction from mutually determining theappropriate authentication methods for that transaction; or(b)prevent parties to an electronic transaction from having the opportunity toestablish before judicial or administrative authorities that their transaction
complies with any legal requirements with respect to authentication.

3.
Notwithstanding paragraph 2, a Party may require that, for a particular categoryof transactions, the method of authentication meets certain performance standards or iscertified by an authority accredited in accordance with its law.

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4.

The Parties shall encourage the use of interoperable electronic authentication.
ARTICLE 10
Electronic Invoicing

1.
The Parties recognise the importance of electronic invoicing to increase theefficiency, accuracy and reliability of commercial transactions. Each Party also
recognises the benefits of ensuring that the systems used for electronic invoicing within
its territory are interoperable with the systems used for electronic invoicing in the other2.
Each Party shall ensure that the implementation of measures related to electronic
invoicing in its territory supports cross-borderelectronic invoicing frameworks. To this end, each Party shall base its measures relating
to electronic invoicing on international frameworks, such as Peppol.
3.
The Parties recognise the economic importance of promoting the global adoptionof interoperable electronic invoicing systems. To this end, the Parties shall share bestpractices and collaborate on promoting the adoption of interoperable systems forelectronic invoicing.
4.
The Parties shall collaborate on initiatives which promote, encourage, support orfacilitate the adoption of electronic invoicing by enterprises. To this end, the Parties shallendeavour to:(a)promote the existence of policies, infrastructure and processes that support
electronic invoicing; and(b)generate awareness of, and build capacity for, electronic invoicing.
ARTICLE 11
Electronic Payments

1.
Recognising the rapid growth of electronic payments, in particular those provided
by non-bank, non-financial institution and FinTech enterprises, the Parties shall support
the development of efficient, safe and secure cross-border electronic payments by:(a)fostering the adoption and use of internationally accepted standards forelectronic payments;(b)promoting interoperability and the interlinking of electronic payment

14

(c)
2.

infrastructures; andencouraging innovation and competition in electronic payments services.

To this end, each Party shall:(a)make regulations on electronic payments, including in relation to regulatory
approval, licensing requirements, procedures and technical standards,
publicly available;(b)endeavour to finalise decisions on regulatory or licensing approvals in atimely manner;(c)

not arbitrarily or unjustifiably discriminate between financial institutions
and non-financial institutions in relation to access to services andinfrastructure necessary for the operation of electronic payment systems;(d)adopt, for relevant electronic payment systems, international standards forelectronic payment messaging, such as the International Organization forStandardization Standard ISO 20022 Universal Financial Industry Message
Scheme, for electronic data exchange between financial institutions andservices suppliers to enable greater interoperability between electronic
payment systems;(e)facilitate the use of open platforms and architectures such as tools andprotocols provided for through Application Programming Interfaces
payment service providers to safely and securely
make APIs for their products and services available to third parties, where
possible, to facilitate greater interoperability, innovation and competition inelectronic payments; and(f)facilitate innovation and competition and the introduction of new financial
and electronic payment products and services in a timely manner, such as
through adopting regulatory and industry sandboxes.

3.
In view of paragraph 1, the Parties recognise the importance of upholding safety,
efficiency, trust and security in electronic payment systems through regulations, and thatthe adoption and enforcement of regulations and policies should be proportionate to therisks undertaken by the payment service providers.
ARTICLE 12
Paperless Trading
1.
Each Party shall make publicly available, which may include through a process
prescribed by that Party, electronic versions of all of its trade administration documents

15

in English.6
2.
Each Party shall accept completed electronic versions of its trade administration
documents as the legal equivalent of paper documents except where:(a)there is a domestic or international legal requirement to the contrary; or(b) doing so would reduce the effectiveness of the trade administration process.
3.
Each Party shall endeavour to establish or maintain a single window enablingtraders to submit trade administration documents and data requirements for importation,
exportation or transit of goods through a single entry point to the participating authorities
or agencies.
4.
Each Party shall endeavour to establish or maintain a seamless, trusted and secureinterface with the otherto trade administration documents, which may include:(a)sanitary and phytosanitary certificates;(b)customs declaration data; and(c)any other documents, as jointly determined by the Parties.7

5.
Each Party recognises the importance of facilitating the exchange of electronic
records used in commercial trading activities between enterprises within its territory.
6.
The Parties shall endeavour to develop data exchange systems to support theexchange of:(a)data relating to the trade administration documents referred to in paragraph
4 between the competent authorities of each Party; and(b)electronic records used in commercial trading activities between enterprises
territory.

7.
The Parties shall cooperate and collaborate on new initiatives which promote,encourage, support and facilitate the use and adoption of the data exchange systems
referred to in paragraph 6, including through:(a)the sharing of information and experiences, including the exchange of best

6

For greater certainty, electronic version of trade administration documents
documents provided in a machine-readable format.
7

trade administration

The Parties shall provide public access to the list of trade administration documents referred to in thisparagraph and make this information available online.

16

practices, in the area of development and governance of data exchangesystems; and(b)collaboration on pilot projects that relate to the development and governanceof data exchange systems.

8.
The Parties recognise that the data exchange systems referred to in paragraph 6
should, as far as possible, be compatible and interoperable with each other. To this end,
the Parties shall endeavour to work towards the development and adoption ofinternationally-recognised standards in the development and governance of the dataexchange systems.
9.
The Parties shall cooperate bilaterally and in international fora, where appropriate,
to promote acceptance of electronic versions of trade administration documents andelectronic records used in commercial trading activities between enterprises.
10.
In developing initiatives that provide for the use of paperless trading, each Party
shall endeavour to take into account the methods agreed by international organisations.
ARTICLE 13
Express Shipments
1.
The Parties recognise that electronic commerce plays an important role inincreasing trade. To facilitate air express shipments, each Party shall ensure its customs
procedures are applied in a manner that is predictable, consistent and transparent.
2.
Each Party shall adopt or maintain expedited customs procedures for air express
shipments while maintaining appropriate customs control and selection. Each Party shallensure its customs procedures:

8(a)provide for information necessary to release an express shipment to besubmitted and processed before the shipment arrives;(b)allow a single submission of information covering all goods contained in an
express shipment, such as a manifest, through, if possible, electronicmeans;8(c)to the extent possible, provide for the release of certain goods with aminimum of documentation;(d)under normal circumstances, provide for express shipments to be released

For greater certainty, additional documents may be required as a condition for release.

17

within six hours of submission of the necessary customs documents,
provided the shipment has arrived; and(e)apply to shipments of any weight or value, recognising that a Party may
require formal entry procedures as a condition for release, including adeclaration and supporting documentation and payment of customs duties,

3.
If a Party does not provide the treatment in paragraphs 2(a) through (e) to all
shipments, that Party shall provide a separate9 and expedited customs procedure thatprovides such treatment for express shipments.
4.
Each Party shall provide for a de minimis shipment value or dutiable amount for
which customs duties will not be collected, aside from restricted or controlled goods, suchas goods subject to import licensing or similar requirements.10 Each Party shall review
the amount periodically taking into account factors that it may consider relevant, such asrates of inflation, effect on trade facilitation, impact on risk management, administrative
cost of collecting duties compared to the amount of duties, cost of cross-border tradetransactions, impact on small and medium-sized enterprises ( SMEs ) or other factors
related to the collection of customs duties.
ARTICLE 14
Transparency
1.
The Parties recognise that transparent measures are important for building trust in
the digital economy, creating a conducive environment for digital trade and facilitating
trade.
2.
Each Party shall promptly publish, or otherwise promptly make publicly available
where publication is not practicable, its laws, regulations, procedures and administrative
rulings of general application with respect to any matter covered by this Chapter.
3.
Each Party shall respond promptly to any request by the other Party for specificinformation on any of its actual or proposed laws or regulations referred to in paragraph2.
4.

To the extent possible, each Party shall:(a)publish in advance any measure referred to in paragraph 2 that it proposes
to adopt; and910

Notwithstanding this Article, a Party may assess customs duties, or may require formal entry documents,
for restricted or controlled goods such as goods subject to import licensing or similar requirements.

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(b)

provide interested persons and the other Party with a reasonable opportunity
to comment on such proposed measures.

5.
Where this Chapter requires a Party to publish information, each Party shall ensurethat such information is published on the Internet.
ARTICLE 15
Online Consumer Protection
1.
The Parties recognise the importance of adopting and maintaining transparent andeffective measures to protect consumers from misleading and deceptive commercial
activities, unfair contract terms and unconscionable conduct when they engage inelectronic commerce.
2.
For the purposes of this Article, misleading and deceptive commercial activities
refer to those commercial practices that are misleading or deceptive and cause actual harm
to consumers, or that pose a potential threat of such harm if not prevented. For example:(a)making a misrepresentation of material fact, including an implied factual
misrepresentation, that may cause significant detriment to the economic
interests of a misled consumer;(b)failing to deliver products or provide services to a consumer after the
consumer is charged; or(c)without authorisation.
3.
Each Party shall adopt or maintain consumer protection laws to proscribe
misleading and deceptive commercial activities that cause harm or potential harm toconsumers engaged in online commercial activities.
4.
The Parties recognise the importance of cooperation between their respective
national consumer protection agencies or other relevant bodies on activities related tocross-border electronic commerce in order to enhance consumer welfare.
5.
To this end, the Parties shall promote, as appropriate and subject to the laws andregulations of each Party, cooperation on matters of mutual interest related to misleading
and deceptive commercial activities, including in the enforcement of their consumer
protection laws, with respect to online commercial activities.
6.
The Parties recognise the benefits of mechanisms, including alternative dispute
resolution, to facilitate the resolution of disputes regarding electronic commercetransactions.

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ARTICLE 16
Cooperation on Competition Policy
1.
Recognising that the Parties can benefit by sharing their experiences in enforcing
competition law and in developing and implementing competition policies to address thechallenges that arise from the digital economy, the Parties shall consider undertaking
agreed technical cooperation activities, subject to available resources, including:(a)exchanging information and experiences on the development of competition
policies for digital markets;(b)sharing best practices on the enforcement of competition law and thepromotion of competition in digital markets;(c)providing advice or training, including through the exchange of officials, toassist a Party to build necessary capacities to strengthen competition policy
development and competition law enforcement in digital markets; or(d)any other form of technical cooperation agreed by the Parties.

2.
to cooperate, where practicable and in accordance with their respective laws andregulations, on issues of competition law enforcement in digital markets, including
through notification, consultation and the exchange of information.
ARTICLE 17
Personal Information Protection
1.
The Parties recognise the economic and social benefits of protecting the personal
information of persons who conduct or engage in electronic transactions and thecontribution that this makes to enhancing consumer confidence in electronic commerce.
2.
To this end, each Party shall adopt or maintain a legal framework that provides
for the protection of the personal information of persons who conduct or engage inelectronic transactions. In the development of its legal framework for the protection of
personal information, each Party shall take into account the principles and guidelines of
relevant international bodies, such as the APEC Cross-Border Privacy Rules
System and the OECD Guidelines Governing the Protection of Privacy and Trans-border
Flows of Personal Data.11
11
For greater certainty, a Party may comply with the obligation in this paragraph by adopting or maintaining
measures such as comprehensive privacy, personal information or personal data protection laws, sectorspecific laws covering data protection or privacy, or laws that provide for the enforcement of voluntary
undertakings by enterprises relating to data protection or privacy.

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3.
To this end, the key principles each Party shall take into account when developing
its legal framework include limitation on collection, data quality, purpose specification,
use limitation, security safeguards, transparency, individual participation andaccountability.
4.
Each Party shall adopt non-discriminatory practices in protecting persons who
conduct or engage in electronic transactions from personal information protection
violations occurring within its jurisdiction.
5.
Each Party shall publish information on the personal information protections it
provides to persons who conduct or engage in electronic transactions, including how:(a)a natural person can pursue remedies; and(b)business can comply with any legal requirements.

6.
Each Party shall encourage enterprises in its territory to publish, including on theInternet, their policies and procedures related to protection of personal information.
7.
Recognising that the Parties may take different legal approaches to protecting
personal information, each Party shall encourage the development of mechanisms topromote compatibility between these different regimes. These mechanisms may include
the recognition of regulatory outcomes, whether accorded autonomously or by mutual
arrangement, or broader international frameworks. To this end, the Parties shallendeavour to exchange information and share experiences on any such mechanisms
applied in their jurisdictions and explore ways to promote compatibility between them.
8.
The Parties recognise that the CBPR System is a valid mechanism to facilitatecross-border information transfers while protecting personal information.12
9.
The Parties shall endeavour to jointly promote the CBPR System, with the aim to
improving awareness of, and participation in, the CBPR System, including by industry.
ARTICLE 18
Creating a Safe Online Environment
1.
The Parties shall create and promote a safe online environment where users areprotected from harmful content, including terrorist and violent extremist content, andwhere businesses, innovation and creativity can thrive.

12
The Parties acknowledge that the CBPR
regulations concerning the protection of personal information.

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2.
The Parties recognise that online safety is a significant challenge but it is a shared
responsibility between governments, technology service providers and users. The Parties
further recognise that a safe, secure online environment supports the digital economy.
3.
The Parties also recognise that industry has a responsibility to adopt or maintainpreventative measures to protect natural persons, especially children and vulnerable
members of the community, from harmful online experiences.
4.
The Parties shall work together and within international fora to create a safe online
environment, in accordance with their respective laws and regulations.
5.
In working together to create a safe online environment, the Parties shallendeavour to maintain an open, free and secure Internet in accordance with theirrespective laws and regulations.
ARTICLE 19
Unsolicited Commercial Electronic Messages
1.
Each Party shall adopt or maintain measures regarding unsolicited commercial
electronic messages sent to an electronic mail address that:(a)require a supplier of unsolicited commercial electronic messages tofacilitate the ability of a recipient to prevent ongoing reception of thosemessages; or(b)require the consent, as specified in the laws and regulations of each Party,of recipients to receive commercial electronic messages.

2.
Each Party shall endeavour to adopt or maintain measures that enable consumers
to reduce or prevent unsolicited commercial electronic messages sent other than to anelectronic mail address, or otherwise provide for the minimisation of these messages.
3.
Each Party shall provide recourse against a supplier of unsolicited commercial
electronic messages that does not comply with a measure adopted or maintained inaccordance with paragraphs 1 or 2.
4.
The Parties shall endeavour to cooperate in appropriate cases of mutual concern
regarding the regulation of unsolicited commercial electronic messages.

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ARTICLE 20
Principles on Access to and Use of the Internet for Electronic Commerce
Subject to their respective applicable policies, laws and regulations, the Parties
recognise the benefits of consumers in their territories having the ability to:(a)on the Internet, subject to reasonable network management; 13(b)connect the endprovided that such devices do not harm the network; and(c)access information on the network management pr
Internet access service supplier.

available

ARTICLE 21
Internet Interconnection Charge Sharing
Each Party recognises that a supplier seeking international Internet connection
should be able to negotiate with suppliers of the other Party on a commercial basis. These
negotiations may include negotiations regarding compensation for the establishment,
operation and maintenance of facilities of the respective suppliers.
ARTICLE 22
Submarine Telecommunications Cable Systems
1.
The Parties recognise the importance of submarine telecommunications cablesystems, and the expeditious and efficient installation, maintenance and repair of thesesystems, to national, regional and global telecommunications connectivity. Each Party
shall endeavour to ensure that, to the extent possible, a person of the other Party who
operates, owns or controls submarine telecommunications cable systems has flexibility tochoose suppliers of installation, maintenance or repair services, including from either
Party or a non-Party.
2.
Each Party shall ensure that, where it requires a permit for a vessel registered in
the territory of the other Party or a non-Party to undertake installation, maintenance orrepairs of submarine telecommunications cable systems that are operated, owned orcontrolled by a person of the other Party:
13
The Parties recognise that an Internet access service supplier that offers its subscribers certain content on
an exclusive basis would not be acting contrary to this principle.

23

(a)

the activities for which any such permit is required are publicly available;(b)the requirements and procedures for applying for any such permit, and forrenewal of a permit, including any relevant application documents, arepublicly available;(c)the criteria for assessing an application for any such permit are madeavailable upon reasonable prior request in writing;(d)the procedures for applying for any such permit and, if granted, the permit
and the procedures for renewal of a permit are administered in a reasonable,
objective and impartial manner;(e)

within a reasonable period of time after the submission of an application forany such permit and for renewal of a permit that is considered complete
under its laws and regulations, it informs the applicant of the decision
concerning the application;(f)

any such permit, if granted, is of a sufficient duration to undertake therequired installation, maintenance or repairs of submarine
telecommunications cable systems; and(g)any fee charged by any of its relevant bodies to obtain, maintain or renew
any such permit is reasonable, transparent, and is limited in amount to theapproximate cost of services rendered by that body in respect of any suchfee.

3.
If a Party ( the first Party ) considers that a measure of the other Party creates amaterial impediment to the ability of a person of the first Party to expeditiously andefficiently install, maintain, repair or protect submarine telecommunications cablesystems, it may request consultations with the other Party with regard to that measure.
The Parties shall enter into consultations with a view to exchanging information on theoperation of the measure and to considering whether further steps are necessary andappropriate.
4.
Each Party shall endeavour to mitigate the risk of damage to submarine
telecommunications cable systems that are operated, owned or controlled by a person of
the other Party, which may include, as appropriate:(a)the use of geospatial alert systems;(b)making information available on the location of submarine
telecommunications cable systems to inform mapping and charting;(c)public demarcation of areas within which submarine telecommunications
cable systems are present and where activities are banned within that area24

to protect submarine telecommunications cable systems; or(d)activities to promote awareness of submarine telecommunications cablesystems.
ARTICLE 23
Cross-Border Transfer of Information by Electronic Means

1.
The Parties recognise that each Party may have its own regulatory requirements
concerning the transfer of information by electronic means.
2.
Neither Party shall prohibit or restrict the cross-border transfer of information byelectronic means, including personal information, if this activity is for the conduct ofbusiness of a covered person.
3.
Nothing in this Article shall prevent a Party from adopting or maintaining
measures inconsistent with paragraph 2 to achieve a legitimate public policy objective,
provided that the measure:(a)

is not applied in a manner which would constitute a means of arbitrary or
unjustifiable discrimination or a disguised restriction on trade; and(b)does not impose restrictions on transfers of information greater than are
required to achieve the objective.
ARTICLE 24
Location of Computing Facilities

1.
The Parties recognise that each Party may have its own regulatory requirements
regarding the use of computing facilities, including requirements that seek to ensure thesecurity and confidentiality of communications.
2.

Neither Party shall require a covered person to use or locate computing facilities
territory as a condition for conducting business in that territory.

3.
Nothing in this Article shall prevent a Party from adopting or maintaining
measures inconsistent with paragraph 2 to achieve a legitimate public policy objective,
provided that the measure:(a)

is not applied in a manner which would constitute a means of arbitrary or
unjustifiable discrimination or a disguised restriction on trade; and

25

(b)

does not impose restrictions on the use or location of computing facilities
greater than are required to achieve the objective.

4.
(Definitions) respectivelyof Chapter 9 (Financial Services).
ARTICLE 25
Location of Computing Facilities for Financial Services
1.
For the purposes of this Article, for a Party ( the relevant Party ), a covered
financial person means:(a)9 (Financial Services), including a branch, located in the territory of therelevant Party that is controlled by persons of either Party; or
(b)

2.
faci

a cross1(b) (Definitions) of Chapter 9 (Financial Services), that is subject toregulation, supervision, licensing, authorisation, or registration by afinancial regulatory authority of the relevant Party.

Neither Party shall require a covered financial person to use or locate computing

purposes, have immediate, direct, complete and ongoing access to information processedor stored on computing facilities that the covered financial person uses or locates outside
3.
Each Party shall, to the extent practicable, provide a covered financial person witha reasonable opportunity to remediate any lack of access to information described inparagraph 2 before the Party requires the covered person to use or locate computing-Party.
ARTICLE 26
Data Innovation
1.
The Parties recognise that digitalisation and the use of data in the digital economy
promote economic growth. To support the cross-border transfer of information byelectronic means and promote data-driven innovation in the digital economy, the Parties
further recognise the need to create an environment that enables and supports, and isconducive to, experimentation and innovation, including through the use of regulatory

26

sandboxes where applicable.
2.

The Parties shall endeavour to support data innovation through:(a)collaborating on data-sharing projects, including projects involving
researchers, academics and industry, using regulatory sandboxes as required
to demonstrate the benefits of the cross-border transfer of information byelectronic means;(b)cooperating on the development of policies and standards for data
portability; and(c)sharing research and industry practices related to data innovation.
ARTICLE 27
Open Government Data

1.
means non-proprietary
information, including data, held by the central level of government.
2.
The Parties recognise that facilitating public access to and use of government
information contributes to stimulating economic and social benefit, competitiveness,
productivity improvements and innovation.
3.
To the extent that a Party chooses to make government information available tothe public, it shall endeavour to ensure:(a)that the information is appropriately anonymised, contains descriptive
metadata and is in a machine readable and open format that allows it to be
searched, retrieved, used, reused and redistributed; and(b)to the extent practicable, that the information is made available in a spatiallyenabled format with reliable, easy to use and freely available APIs and isregularly updated.

4.
The Parties shall endeavour to cooperate to identify ways in which each Party can
expand access to and use of government information that the Party has made public, witha view to enhancing and generating business and research opportunities.

27

ARTICLE 28
Source Code1.
Neither Party shall require the transfer of, or access to, source code of software
owned by a person of the other Party, as a condition for the import, distribution, sale oruse of such software, or of products containing such software, in its territory.
2.
This Article does not preclude a government agency, regulatory body or judicial
authority ( Relevant Body ) of a Party from requiring a person of the other Party topreserve or make available the source code of software to the Relevant Body for aninvestigation, inspection, examination, enforcement action, or judicial or administrative
proceeding,14 subject to safeguards against unauthorised disclosure.
3.

Nothing in this Article shall preclude:(a)the inclusion or implementation of terms and conditions related to theprovision of source code in commercially negotiated contracts; or(b)a Party from requiring the modification of source code of software necessary
for that software to comply with laws or regulations which are notinconsistent with this Agreement.

3.
For greater certainty, nothing in paragraph 1 shall prevent a person of a Party fromlicencing its software on a free and open source basis.
4.

If both Parties undertake obligations15 under:(a)an international agreement that enters into force after the date of entry into
force of this Agreement; or(b)an amendment to any existing international agreement,16

to not require the transfer of, or access to, an algorithm expressed in source code ofsoftware owned by a person of a Party or non-Party as a condition for the import,
distribution, sale or use of that software, or of products containing that software, in their

14

Such
secret, if such status is claimed by the trade secret owner.

s as a trade

15

obligation for the purposes of this paragraph regardlessof any limitations or exceptions that may apply to those obligations under the relevant international
agreement.
16

has undertaken

obligations under separate international agreements or the same international agreement.

28

respective territories, this Article17 shall apply, mutatis mutandis, to algorithms expressedin source code of software owned by a person of the other Party.
6.
If a Party undertakes the obligation referred to in paragraph 5, it shall notify theother Party within 120 days of the date that the relevant international agreement oramendment enters into force. For greater certainty, paragraph 5 shall apply regardless ofwhether a Party has provided such notification.
ARTICLE 29
Digital Identities
1.
Recognising that cooperation between the Parties on digital identities will increase
regional and global connectivity, and recognising that each Party may take different legal
and technical approaches to digital identities, the Parties shall pursue the development of
mechanisms to promote compatibility between their respective digital identity regimes.
2.
To this end, the Parties shall endeavour to facilitate initiatives to promote suchcompatibility, which may include:(a)developing appropriate frameworks and common standards to foster
identities;(b)respective legal frameworks, or the recognition of their legal effects,
whether accorded autonomously or by agreement;(c)supporting the development of international frameworks on digital identity
regimes;(d)

implementing use cases for the mutual recognition of digital identities; and(e)exchanging knowledge and expertise on best practices relating to digital
identity policies and regulations, technical implementation and security
standards, and the promotion of the use of digital identities.

17

For greater certainty, this includes any limitations and exceptions in this Article and is subject to any
limitations and exceptions that apply to this Article.

29

ARTICLE 30
Standards and Conformity Assessment for Digital Trade1.
The Parties recognise the role of standards in reducing barriers to trade andfostering a well-functioning digital economy, including their potential to decrease
compliance costs and increase consistency, interoperability, reliability and efficiency.
2.
Each Party shall, where appropriate, actively participate in the work of relevant
regional and international bodies relating to the development and adoption of standards
that support digital trade.
3.

To the extent possible, and where agreed, the Parties shall endeavour to:(a)share experiences of developing or adopting standards that support digitaltrade, including technology standards;(b)exchange views on potential future areas to develop or adopt standards that
support digital trade, including technology standards; and(c)identify, develop and test, with industry participants as appropriate, crossborder projects that demonstrate standards that support digital trade,including technology standards.

4.
Where agreed, the Parties shall cooperate on initiatives, including research
projects, to develop a greater understanding, between the Parties and industry, ofstandards that support digital trade and their benefits and applications.18
5.
The Parties recognise that mechanisms which facilitate the cross-border
recognition of conformity assessment results can support digital trade. Such mechanisms
include:(a)voluntary arrangements between relevant conformity assessment bodies;
and

(b)

the use of regional or international recognition agreements or arrangementsthat the Parties are party to, or are represented at.

6.
To this end, the Parties shall endeavour to exchange information to facilitate theacceptance of conformity assessment results with a view to supporting digital trade.

18
For greater certainty, the financial arrangements that may be required for initiatives under this Article
will be decided upon by the Parties on a case-by-case basis.

30

ARTICLE 31
Artificial Intelligence
1.
The Parties recognise that the use and adoption of Artificial Intelligence
technologies are becoming increasingly important within a digital economy offeringsignificant social and economic benefits to natural persons and enterprises. The Parties
shall cooperate, in accordance with their respective relevant policies, through:(a)sharing research and industry practices related to AI technologies and theirgovernance;(b)promoting and sustaining the responsible use and adoption of AI
technologies by businesses and across the community; and(c)encouraging commercialisation opportunities and collaboration between
researchers, academics and industry.

2.
The Parties also recognise the importance of developing ethical governanceframeworks for the trusted, safe and responsible use of AI technologies that will help
realise the benefits of AI. In view of the cross-border nature of the digital economy, theParties further acknowledge the benefits of ensuring that such frameworks areinternationally aligned as far as possible.
3.

To this end, the Parties shall endeavour to:(a)collaborate on and promote the development and adoption of frameworks
that support the trusted, safe, andfora; and(b)take into consideration internationally-recognised principles or guidelines
when developing such AI Governance Frameworks.
ARTICLE 32
FinTech and RegTech Cooperation

1.

The Parties shall:(a)encourage collaboration on FinTech and RegTech through their respective
policy and trade promotion agencies and regulators;(b)promote closer and stronger collaboration between their respective FinTech
and RegTech enterprises and industry bodies;

31

(c)

encourage their respective FinTech and RegTech enterprises to use facilities
and assistance, where available, in theitory to explore new
business opportunities, including through the use of streamlined licencing
processes where applicable and access to regulatory sandboxes;(d)cooperate in relevant regional and international fora to improve
opportunities for Australian and Singaporean FinTech and RegTech
enterprises; and(e)cooperate on the development of standards for open banking.
ARTICLE 33
Cooperation

The Parties shall endeavour to:(a)exchange information and share experiences on regulations, policies, andenforcement and compliance mechanisms regarding the digital economy,
including in relation to:(i)personal information protection;(ii)

online consumer protection, including means for consumer redress
and building consumer confidence;(iii) unsolicited commercial electronic messages;(iv) security in electronic communications;(v)electronic authentication; and(vi) digital government;(b)exchange information and share views on consumer access to products andservices offered online between the Parties;(c)exchange information on the development, reform, implementation andeffectiveness of copyright legal frameworks relevant to the online
environment, including on surveys related to online infringement and on
enforcement mechanisms;(d)exchange financial intelligence and share capabilities to support regional
efforts to counter terrorism financing, money laundering and othertransnational organised crime;

32

(e)

participate actively in regional and multilateral fora to promote thedevelopment of the digital economy; and(f)encourage development by industry of methods of self-regulation that foster
the digital economy, including codes of conduct, model contracts,
guidelines and enforcement mechanisms.
ARTICLE 34
Cybersecurity

1.
The Parties have a shared vision to promote secure digital trade to achieve global
prosperity and recognise that cybersecurity underpins the digital economy.
2.

The Parties recognise the importance of:(a)building the capabilities of their government agencies responsible forcomputer security incident response;(b)using existing collaboration mechanisms to cooperate to identify andmitigate malicious intrusions or dissemination of malicious code that affectthe electronic networks of the Parties; and(c)workforce development in the area of cybersecurity, including possible
initiatives relating to mutual recognition of qualifications, diversity andequality.
ARTICLE 35
Stakeholder Engagement

1.

The Parties shall seek opportunities to convene a Digital Economy Dialogue (theeconomy. The Parties shall promote relevant collaboration efforts and initiatives between
the Parties through the Dialogue.
2.
Where appropriate, and as may be agreed by the Parties, the Dialogue may include
participation from other interested stakeholders, such as researchers, academics, industry
and other stakeholders. The Parties may collaborate with such stakeholders in convening
the Dialogue.
3.
the impact of outreach, the Parties may consider organising the Dialogue in connection
with, or as a part of, existing bilateral initiatives.

33

4.
The Parties may consider relevant technical or scientific input, or otherinformation arising from the Dialogue, for the purposes of implementation efforts andfurther modernisation of this Chapter.
ARTICLE 36
Small and Medium Enterprises
1.
The Parties recognise the fundamental role of SMEs in maintaining dynamism andenhancing competitiveness in the digital economy.
2.
With a view towards enhancing trade and investment opportunities for SMEs in
the digital economy, the Parties shall endeavour to:(a)exchange information and best practices in leveraging digital tools andtechnology to improve:(i)the capabilities and market reach of SMEs; and(ii)

participation by SMEs in government procurement opportunities;(b)cooperate in other areas that could help SMEs adapt and thrive in the digital
economy;(c)encourage participation by SMEs in online platforms and other mechanismsthat could help SMEs link with international suppliers, buyers and otherpotential business partners; and(d)foster close cooperation on the digital economy between SMEs of theParties.
ARTICLE 37
Capacity Building

The Parties shall endeavour to cooperate on capacity building in the region on
issues including:(a)digital connectivity;(b)

SME digital transformation;(c)data protection regimes; and

34

(d)

mechanisms to facilitate the cross-border transfer of information.
ARTICLE 38
Review

In any review of this Agreement, conducted in accordance with Article 7 (Review)of Chapter 17 (Final Provisions), the Parties shall consider discussing appropriate
amendments to this Chapter, including in light of any treatment that either Party considersa Party is obliged to accord to persons of a non-Party, under an international agreementthat enters into force after the date of entry into force of this Chapter 14 (Digital
Economy), that is more favourable than the treatment that the Party is obliged to accord
to persons of the other Party, in like circumstances, under this Chapter.

35

ANNEX B
1.
The Preamble of the Singapore-Australia Free Trade Agreement shall be replaced
by a new Preamble as follows:
PREAMBLE

Conscious of their longstanding friendship and growing trade andinvestment relationship;
Desiring to improve the efficiency and competitiveness of their goods andservices sectors and expand trade and investment between them;
Recognising that strengthening of their closer economic partnership willbring economic and social benefits and improve the living standards oftheir people;
Building on their rights, obligations and undertakings under the World
Trade Organization, and other multilateral, regional and bilateralagreements and arrangements;
Recognising their commitment to securing trade liberalisation and an
outward looking approach to trade and investment;
Mindful of the Asia-Pacific Economic Cooperation goals of free and open
trade and investment;
Conscious that a framework of rules for trade in goods and services, andinvestment will contribute to the promotion of closer links with othereconomies, especially in the Asia-Pacific region;
Recognising the need for good corporate governance and a predictable,transparent and consistent business environment to enable businesses to
conduct transactions freely, use resources efficiently and take investment
and planning decisions with certainty;
Believing that their cooperative framework should be a dynamic one that
also covers newer areas of economic cooperation, including the digital
economy; andRecognising their inherent right to regulate and resolving to preserve theirflexibility to set legislative and regulatory priorities, safeguard publicwelfare and protect legitimate public welfare objectives, such as publichealth, safety, the environment, privacy, the conservation of living or non-36

living exhaustible natural resources, the integrity and stability of thefinancial system and public morals;
Have agreed as follows:2.
Article 11.2 (Exceptions) of Chapter 9 (Financial Services) of the SingaporeAustralia Free Trade Agreement shall be replaced by a new paragraph 2 as follows:2.
Nothing in this Chapter, Chapters 7 (Cross-Border Trade inServices), 8 (Investment), 10 (Telecommunications Services), or 14(Digital Economy) shall apply to non-discriminatory measures of generalapplication taken by any public entity in pursuit of monetary and related
credit policies or exchange rate policies. This paragraph shall not affect abligations under Article 7 (Prohibition of Performance
Requirements) of Chapter 8 (Investment) with respect to measurescovered by Chapter 8 (Investment), under Article 15 (Transfers) ofChapter 8 (Investment) or Article 14 (Payments and Transfers) of Chapter
7 (Cross-Border Trade in Services).
3.
Article 21 (Dispute Settlement) of Chapter 9 (Financial Services) of theSingapore-Australia Free Trade Agreement shall be replaced by a new Article 21 asfollows:
ARTICLE 21
Dispute Settlement
1.
Chapter 16 (Dispute Settlement) shall apply as modified by this
Article to the settlement of disputes arising:(a)under this Chapter; or(b)in relation to Article 23 (Cross-Border Transfer ofInformation by Electronic Means) or Article 25 (Locationof Computing Facilities for Financial Services) of Chapter
14 (Digital Economy), to the extent that the dispute relates
to financial services.

2.
If a Party claims that a dispute referred to in paragraph 1 arises,
Article 5 (Composition of Arbitral Tribunals) of Chapter 16 (Dispute
Settlement) shall apply, except that:(a)if the Parties agree, each arbitrator shall meet thequalifications in paragraph 3; and

37

(b)

in any other case:(i)each disputing Party shall select arbitrators thatmeet the qualifications set out in either paragraph 3
or Article 5.5 (Composition of Arbitral Tribunals)of Chapter 16 (Dispute Settlement); and(ii)

if the responding Party indicates an intention to
invoke or invokes Article 11 (Exceptions) prior to
16 arbitral tribunal, the chair of the Chapter 16
arbitral tribunal shall meet the qualifications set out
in paragraph 3, unless the disputing Parties
otherwise agree.

3.
In addition to the requirements set out in Article 5.5 (Compositionof Arbitral Tribunals) of Chapter 16 (Dispute Settlement), arbitrators in
disputes arising under this Chapter or Article 23 (Cross-Border Transfer
of Information by Electronic Means), or Article 25 (Location ofComputing Facilities for Financial Services) of Chapter 14 (Digital
Economy), to the extent that those provisions relate to financial services,shall have expertise or experience in financial services law or practice,which may include the regulation of financial institutions.
4.
Pursuant to Article 22.2(c) (Investment Disputes in Financial
Services), a Party may request the establishment of a Chapter 16 arbitral
tribunal to consider whether and to what extent Article 11 (Exceptions) isa valid defence to a claim without having to request consultations under
Article 2 (Consultations) of Chapter 16 (Dispute Settlement).
5.
If a Party seeks to suspend benefits in the financial services sector,
a Chapter 16 arbitral tribunal that reconvenes to make a determination on
the proposed suspension of benefits, in accordance with Article 10(Compensation and Suspension of Benefits) of Chapter 16 (Dispute
Settlement), shall seek the views of financial services experts, asnecessary.

4.
Footnote 12 of Annex 9-A (Cross-Border Trade) of Chapter 9 (Financial Services)of the Singapore-Australia Free Trade Agreement shall be replaced by a new footnote 12
as follows:
For greater certainty, if the financial information or financial dataprocessing referred to in subparagraph (a) and subparagraph (b) pertain to
outsourcing arrangements or involves personal data, the outsourcing

38

arrangements and treatment of personal data shall be in accordance withsuch data, respectively. These regulatory requirements and guidelines
shall not derogate from the commitments undertaken by Singapore inparagraph 2 and Article 23 (Cross-Border Transfer of Information by
Electronic Means) of Chapter 14 (Digital Economy).
5.
Section B (Transfer of Information) of Annex 9-B (Specific Commitments) ofChapter 9 (Financial Services) of the Singapore-Australia Free Trade Agreement shall bedeleted.
6.
The titles of the following Sections of Annex 9-B (Specific Commitments) ofChapter 9 (Financial Services) of the Singapore-Australia Free Trade Agreement shall beamended as follows:(a)

B (Specific Commitments) of Chapter 9 (Financial Services) of theSingapore-Australia Free Trade Agreement shall be amended to read(b)

-B (SpecificCommitments) of Chapter 9 (Financial Services) of the Singapore-Australia
Free Trade Agreement shall be amended to read(c)

-B (SpecificCommitments) of Chapter 9 (Financial Services) of the Singapore-Australia
Free Trade Agreement shall be amended to read39