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RS 0.632.316.891.1 Free Trade Agreement of 26 June 2002 between the EFTA States and the Republic of Singapore (with prot. Agreements and annexes)

Original Language Title: RS 0.632.316.891.1 Accord de libre-échange du 26 juin 2002 entre les Etats de l’AELE et la République de Singapour (avec prot. d’entente et annexes)

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0.632.316.891.1

Translation 1

Free Trade Agreement between the EFTA States and the Republic of Singapore

Conclu at Egilsstadir 26 June 2002
Approved by the Federal Assembly on December 10, 2002 2
Instrument of ratification deposited by Switzerland on 24 December 2002
Entry into force for Switzerland on 1 Er January 2003

(State 1 Er November 2011)

The Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation,

(hereinafter referred to as "the EFTA States")

And

The Republic of Singapore ,

(hereinafter "Singapore"),

Hereinafter referred to as "the Parties",

Considering the importance of the links between Singapore and the EFTA States and recognising the common will of the Parties to strengthen these links by creating a free trade area, in order to establish close and lasting relations between them,

Reaffirming their commitment to the principles set out in the Charter of the United Nations 3 And the Universal Declaration of Human Rights,

Wishing to contribute to the development and harmonious development of world trade by removing obstacles to trade and enabling the expansion of international cooperation, in particular between Europe and Asia,

Determined to create a comprehensive and secure market for goods and services in their respective territories,

Committed to maintaining a stable and predictable investment environment,

Decided to increase the competitiveness of their companies in world markets,

To create jobs, improve living standards and ensure strong and steady growth in the volume of real incomes in their respective territories through trade and investment expansion,

Recognizing that the benefits of trade liberalization should not be compromised by private anti-competitive practices,

Convinced that this Agreement will create favourable conditions for the development of their economic, trade and investment relations,

On the basis of their respective rights and obligations under the Marrakesh Agreement Establishing the World Trade Organization 4 , other agreements negotiated in this framework and other multilateral and bilateral cooperation instruments, and

Recognizing that trade liberalization should allow for optimal use of global resources in accordance with the objectives of sustainable development, with the aim of protecting and preserving the environment;

Decided, therefore, to conclude the following Free Trade Agreement, (hereinafter referred to as "this Agreement"):

I General provisions

Art. 1 Objectives

The EFTA States and Singapore shall establish a free trade area in accordance with the provisions of this Agreement.

2. The objectives of this Agreement, which is based on commercial relations between market economies, are as follows:

(a)
Liberalize trade in goods, in accordance with s. XXIV of the General Agreement on Tariffs and Trade 1 (hereinafter "GATT 1994");
(b)
Promote competition in their economies, particularly in terms of economic relations between the Parties;
(c)
Achieve more advanced liberalisation, on a mutual basis, of the public procurement markets of the Parties;
(d)
To obtain the liberalisation of trade in services, in accordance with Art. V of the General Agreement on Trade in Services 2 (hereinafter "the GATS");
(e)
Create mutual investment opportunities and ensure continued investor and investment protection;
(f)
Ensure adequate and effective protection of intellectual property rights, in accordance with international standards; and
(g)
Contribute, through the removal of barriers to trade and investment, to the harmonious expansion and development of world trade.

1 RS 0.632.20 , Annex 1A.1
2 RS 0.632.20 , Annex 1.B

Art. 2 Geographical scope of application

Without prejudice to Annex I, this Agreement shall apply to:

(a)
Land, inland waters and the territorial sea of each Party, as well as its airspace, in accordance with international law; and
(b)
Beyond territorial waters, in respect of measures taken by a Party in the exercise of its sovereign rights or jurisdiction, in accordance with international law.

2. Annex II applies to Norway.

Art. 3 Economic and trade relations governed by this Agreement

1. The provisions of this Agreement shall apply to economic and trade relations between, on the one hand, the EFTA States and, on the other hand, Singapore, but do not apply to trade relations between the different EFTA States, Reservation of provisions contrary to this Agreement.

2. Under the Customs Union established between Switzerland and the Principality of Liechtenstein by the Treaty of 29 March 1923 1 , Switzerland shall represent the Principality of Liechtenstein for all matters covered by this Agreement.


Art. 4 Relation to Other Agreements

The provisions of this Agreement shall be without prejudice to the rights and obligations of the Parties arising under the Marrakesh Agreement Establishing the World Trade Organization and other agreements negotiated in this framework (hereinafter referred to as " the Agreement on The WTO ") To which they are parties, as well as any other international agreement to which they are parties.

Art. 5 Regional and local governments

Each Party shall be fully responsible for the fulfilment of all obligations under this Agreement and all commitments made under this Agreement, and shall ensure compliance with those obligations and commitments by its Governments and authorities And by its non-governmental entities in the exercise of governmental powers delegated by its governments or central, regional or local authorities in its territory.

II Trade in Goods

Art. 6 Purpose and scope

1. This Chapter applies to:

(a)
Products under the control of chap. 25 to 97 of the Harmonized Commodity Description and Coding System (HS) 1 ;
(b)
The products listed in Annex III, in accordance with the arrangements set out in this Annex; and
(c)
Fish and other seafood listed in Schedule IV.

2. Singapore has a bilateral agreement on trade in agricultural products with each of the EFTA states. These agreements form part of the instruments establishing the Free Trade Area between the EFTA States and Singapore.


Art. 7 Rules of origin and administrative cooperation

1. The provisions on rules of origin and administrative cooperation applicable to art. 8, 16 and 17 are set out in Annex I.

2. The non-preferential rules of origin of a Party shall apply to other articles of this Chapter which are not mentioned in s. 1. The administrative cooperation arrangements set out in Annex I shall apply Mutatis mutandis .

3. Two years after the entry into force of this Agreement, the Parties shall meet to review Annex I with a view to adapting the outward processing traffic to their new economic needs. This review will take place every two years, unless the Parties otherwise agree.

Art. 8 Customs duties

On the entry into force of this Agreement, the Parties shall abolish all existing customs duties on imports and exports of products originating in an EFTA or Singapore State, with the exception of the products listed in Annex V. No new customs duties are introduced.

2. Any duty or tax, whatever it may be, relating to the importation or exportation of a good, including any form of surtax relating to such importation or exportation, shall be deemed to be customs duty.

3. Nothing in this Chapter shall prevent a Party from taking at any time the import or export of any product from another Party:

(a)
Taxes equivalent to internal taxes, such as indirect taxes and other taxes, collected on importation or exportation and applied in accordance with Art. 11; or
(b)
Fees and other charges which are not applied on a value added basis, provided that they are limited to the approximate costs of the services and that they do not constitute indirect protection for domestic products or Taxation of imports and exports for tax purposes.
Art. Import and Export Restrictions

Upon entry into force of this Agreement, any prohibition or restriction on import or export in the context of trade between the EFTA States and Singapore, with the exception of customs duties and taxes, By means of quotas, import and export licences or other measures shall be deleted for all products originating in each Party.

Art. 10 Most-Favoured-Nation Treatment

If a Party concludes, in accordance with s. XXIV of the GATT 1994, a preferential agreement with a party that is not a party to this Agreement, it shall, at the request of another Party, have the opportunity to negotiate any additional benefit under that preferential agreement.

Art. 11 National Treatment

The Parties shall apply national treatment in accordance with Art. III of the GATT 1994, including interpretative notes, which is thus introduced in this Agreement and is an integral part thereof.

Art. 12 Sanitary and phytosanitary measures

The Parties shall apply their sanitary and phytosanitary regulations without discrimination and shall not introduce any new measures having the effect of unduly hindering trade.

2. The principles set out in s. 1 are applied in accordance with the WTO Agreement on the Application of Sanitary and Phytosanitary Measures 1 , which is thus introduced in this Agreement and is an integral part thereof.


1 RS 0.632.20 , Annex 1A.4

Art. 13 Technical Regulations

1. The rights and obligations of the Parties concerning technical regulations, standards and conformity assessment procedures shall be governed by the WTO Agreement on Technical Barriers to Trade 1 .

2. The Parties shall strengthen their cooperation in technical regulations, standards and conformity assessment procedures with a view to increasing mutual understanding of their respective systems and facilitating access to their markets Respective. To this end, they cooperate in particular in order to:

(a)
Strengthen the role of international standards as a basis for technical regulations, including conformity assessment procedures;
(b)
Promote conformity assessment accreditation bodies on the basis of the relevant ISO/IEC standards and guides; and
(c)
Encourage mutual acceptance of the results of conformity assessment procedures obtained by the above-mentioned bodies, which have been recognized in an appropriate multilateral agreement between their systems or their accreditation bodies Respective.

3. The Parties shall employ expeditiously, in relation to this Article, to:

(a)
Intensify the exchange of information; and
(b)
Review with understanding any written request for consultation.

4. Without prejudice to s. 1, the Parties agree to hold consultations within the Joint Committee to address any questions that may arise on the application of technical regulations, standards and conformity assessment procedures, which, Singapore or one or more EFTA States, creates or risks creating an obstacle to trade between the Parties, with a view to finding an appropriate solution in accordance with the WTO Agreement on Technical Barriers to Trade.


1 RS 0.631.20 , Annex 1A.6

Art. 14 Public Sector Commercial Enterprises

The rights and obligations of the Parties in relation to commercial undertakings in the public sector shall be governed by Art. XVII of the GATT 1994 and the Understanding on the Interpretation of Art. GATT 1994 1 , which are thus introduced in this Agreement and form an integral part thereof.


1 RS 0.632.20 , Annex 1A.1.b

Art. 15 Grants

The rights and obligations of the Parties concerning subsidies shall be governed by Art. VI and XVI of GATT 1994, through the WTO Agreement on Subsidies and Countervailing Measures 1 And the WTO Agreement on Agriculture 2 .


1 RS 0.632.20 , Annex 1A.13
2 RS 0.632.20 , Annex 1A.3

Art. 16 Antidumping Measures

1. No Party shall apply anti-dumping measures in accordance with the WTO Agreement on the Implementation of Art. GATT 1994 1 Relating to products originating in another Party.

2. In order to prevent dumping, the Parties shall take the measures provided for in chap. V.


1 RS 0.632.20 , Annex 1A.8

Art. 17 Emergency Measures for the Importation of Specific Products

1. If, as a result of the reduction or elimination of customs duties under this Agreement, a good originating in a Party is imported into the territory of another Party in such increased quantities and under such conditions Cause or threaten to cause serious injury to the domestic industry of similar or directly competing products on the territory of the importing Party, the importing Party has the right to take urgent action that does not Not beyond what is necessary to prevent or repair the damage.

2. Such measures shall consist of an increase in the rate of taxation on this product at a level not exceeding that of the lowest rate between:

(a)
The most-favoured-nation (MFN) and effective rate of taxation at the time the measure is taken; and
(b)
The rate of taxation applied to MFN and effective on the day before the entry into force of this Agreement.

3. Emergency measures shall be taken for a period not exceeding one year. In very exceptional circumstances and after consideration by the Joint Committee, the maximum duration of such measures may be three years. The Party taking such measures shall submit a timetable for their phasing out. No measure is applied to the importation of a product that has already been the subject of such a measure in the previous five years.

4. Emergency measures shall be taken only where there is clearly evidence that the increase in imports has caused or is threatening to cause serious injury, following an investigation conducted in accordance with the procedure provided for in the WTO Agreement Backups 1 .

5. The Party intending to take an emergency action under this Article shall promptly notify the other Parties and the Joint Committee of a notification containing all relevant information, namely proof of injury Serious or threat of serious injury due to increased imports, a precise description of the product concerned, the proposed measure, the proposed date for the introduction and the expected duration of the investigation, respectively of the measure. Any Party that is likely to be affected by the measure is simultaneously offered compensation in the form of trade liberalization for the essential equivalent in respect of imports from it.

6. Within 30 days of notification, the Joint Committee shall examine the information provided under s. 5 to facilitate the search for a mutually acceptable solution. In the absence of a solution, the importing Party may take a measure in accordance with subs. 2 to remedy the problem and, in the absence of mutually agreed compensation, the Party whose product is the subject of the measure may take compensatory action. The emergency measure and the compensatory action shall be notified immediately to the Joint Committee. The compensatory action consists of the suspension of concessions having essentially equivalent commercial impact or concessions essentially equivalent to the value of the additional customs duties expected from the emergency measure. When choosing the emergency measure and the compensatory action, priority shall be given to those that least disturb the operation of this Agreement.

7. In critical circumstances where any delay would result in irreparable damage, a Party may take an interim emergency measure after finding that there is clear evidence that an increase in imports has caused Threatening to cause serious harm. The Party intending to take such action shall immediately inform the other Parties and the Joint Committee thereof. The duration of this interim measure is counted for part of the initial period and any extension.

8. Two years after the entry into force of this Agreement, the Parties shall meet to review this Article with a view to assessing the need to maintain an emergency mechanism.

9. If, after the first review, the Parties decide to maintain such a mechanism, they will then conduct reviews every two years in the Joint Committee.


1 RS 0.632.20 , Annex 1A.14

Art. 18 Balance of payments difficulties

The Parties shall endeavour to avoid the application of balance-of-payments-related restrictive measures.

2. The Party which is in serious balance-of-payments difficulties or is threatened imminently, may, in accordance with the conditions laid down in the GATT 1994 and in the WTO Memorandum of Understanding on the provisions relating to Balance of payments 1 , adopt restrictive measures on trade, provided that they are limited in time, that they are not discriminatory and do not go beyond what is necessary to remedy the situation. The provisions of the GATT 1994 and the WTO Memorandum of Understanding on the balance of payments provisions are thus introduced in this Agreement and form an integral part thereof.

The Party taking a measure within the meaning of this Article shall promptly notify it to the other Parties and to the Joint Committee.


1 RS 0.632.20 , Annex 1A.1.c

Art. 19 General Exceptions

Provided that such measures are not applied in such a way as to constitute an arbitrary or unjustified means of discrimination between the Parties where the same conditions exist, or a disguised restriction on international trade, nothing in the Agreement shall not be construed as preventing the adoption or application by a Party of the measures:

(a)
Necessary for the protection of public morality;
(b)
Necessary for the protection of the health and life of persons and animals or the preservation of plants;
(c)
Relating to the import or export of gold or silver;
(d)
Necessary to ensure the enforcement of laws and regulations that are not inconsistent with the provisions of this Agreement, including laws and regulations relating to the application of customs measures, to the maintenance of Monopolies administered in accordance with s. II, para. 4, and art. XVII of the GATT 1994, the protection of patents, trademarks and copyrights, and measures to prevent practices that are misleading;
(e)
Relating to articles made in prisons;
(f)
Imposed for the protection of national treasures of artistic, historical or archaeological value;
(g)
Relating to the conservation of exhaustible natural resources, if such measures are applied in conjunction with restrictions on domestic production or consumption;
(h)
The implementation of commitments entered into under an intergovernmental agreement on a basic product that is in conformity with the criteria submitted to WTO Members and not disapproved by them or which is itself submitted to WTO Members and is not Disapproved by them;
(i)
With restrictions on the export of raw materials produced within the country and necessary to assure a domestic processing industry the essential quantities of the raw materials during the periods when the National prices are maintained below the world price in respect of a government stabilization plan, provided that these restrictions do not increase exports or strengthen the protection afforded to this industry And do not contravene the provisions of GATT 1994 relating to Non-discrimination;
(j)
Essential for the acquisition or distribution of products for which there is a general or local shortage; however, such measures must be consistent with the principle that all WTO Members are entitled to one share Of such products, and measures which are inconsistent with the other provisions of this Agreement shall be deleted as soon as the circumstances which cause them have ceased to exist.
Art. Security Exceptions

Nothing in this Chapter shall be construed to read:

(a)
As imposing on a Party the obligation to provide information that, in its opinion, would be contrary to the essential interests of its security;
(b)
Or as preventing a Party from taking any measures it considers necessary to protect the essential interests of its security:
(i)
Relating to the fissile material or materials used in their manufacture;
(ii)
Relating to the trafficking of arms, ammunition and war material and to any trade in other articles and materials intended directly or indirectly for the supply of the armed forces;
(iii)
Applied in times of war or in cases of serious international tension;
(c)
Or as preventing a Party from taking action in accordance with its commitments under the Charter of the United Nations for the maintenance of international peace and security.

III Services

Art. Purpose and scope

(1) This chapter applies to measures affecting trade in services that are taken by Governments and central, regional or local governments, as well as by non-governmental organizations, when exercising Delegated authorities by governments or central, regional or local governments.

2. The provisions of this Chapter shall apply to measures affecting trade in all service sectors, with the exception of air services, including national and international air transport services, Regular or non-scheduled, as well as ancillary services related to air services, except:

(a)
Aircraft repair and maintenance services;
(b)
The sale or marketing of air transportation services;
(c)
Computerised reservation systems (CRS) services 1 .

3. The EFTA States and Singapore agree to re-examine the developments in the air transport sector with a view to re-evaluating the needs for future cooperation in this sector.

4. Nothing in this Chapter shall be construed as imposing any obligation on public procurement.


1 The terms "aircraft repair and maintenance services", "sale or marketing of air transport services" and "computerised reservation system services (CRS)" are defined in par. 6 of the GATS Annex on Air Transport Services.

Art. Definitions

For the purposes of this chapter:

(a)
The term "measure" means any measure taken by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action or any other form;
(b)
The "supply of a service" includes the production, distribution, marketing, sale and delivery of a service;
(c)
"Measures of the Parties which affect trade in services" shall include measures concerning:
(i)
The purchase, payment or use of a service;
(ii)
Access and recourse, on the occasion of the supply of a service, to services which these Parties require to be offered to the public in general;
(iii)
The presence, including commercial presence, of persons of a Party for the supply of a service in the territory of another Party;
(d)
The term "commercial presence" means any type of commercial or business establishment, including:
(i)
The constitution, acquisition or maintenance of a corporation; or
(ii)
The creation or maintenance of a branch or office of representation;
In the territory of a Party for the supply of a service;
(e)
The term "sector" of a service means:
(i)
In connection with a specific undertaking, one or more sub-sectors of that service or all sub-sectors of that service, as specified in the List of the Party;
(ii)
Otherwise, the entire service sector, including all of its sub-sectors;
(f)
The term "service provider" means any person who provides a service 1 ;
(g)
The term "service consumer" means any person who receives or uses a service;
(h)
The term "service of another Party" means a service that is provided:
(i)
From the territory or territory of that other Party or, in the case of maritime transport, by a ship registered in accordance with the law of that other Party or by a person of that other Party providing the service Through the operation of a ship and/or its total or partial use; or
(ii)
In the case of a supply of a service through a commercial presence or the presence of natural persons, by a service provider of that other Party;
(i)
The term "person" means either a natural person or a corporation;
(j)
The expression "natural person of a Party" means a natural person who resides in the territory of that Party or elsewhere and who, in accordance with the law of that Party:
(i)
Is a national of that Party; or
(ii)
Has the right of permanent residence in that Party and substantially benefits from the same treatment accorded to nationals in respect of measures affecting trade in services;
(k)
The term "legal entity" means any legal entity duly constituted or otherwise organized in accordance with the applicable law, whether for profit or not, and held by the private sector or the public sector, including all Trust company ("trust") , partnership, joint venture, individual business or association;
(l)
The expression "legal person of another Party" means a legal person:
(i)
That is incorporated or otherwise organized in accordance with the legislation of that other Party and that carries out significant commercial transactions 2 In the territory of any Party; this includes a service provider of a WTO member who is not a party to this Agreement, which is a legal person constituted in accordance with the law of a Party and performs important Commercial operations in the territory of the Parties; or
(ii)
In the case of a supply of a service through a commercial presence, which is held or controlled:
1.
By natural persons of that other Party; or
2.
By legal persons of that other Party as identified in s. (l) (i);
(m)
A corporation:
(i)
"Shall be held" by persons of a Party if more than 50 % of its share capital is wholly owned by persons of that Party;
(ii)
"Shall be controlled" by persons of a Party if such persons have the capacity to appoint a majority of the directors, or are otherwise entitled to direct its operations;
(iii)
"Is affiliated" with another person when it controls or is controlled by that other person; or when both are controlled by the same person;
(n)
The term "monopoly supplier of services" means any person, public or private, who, in the relevant market in the territory of a Party, is approved or formally established or in fact established by that Party as the supplier Exclusive of this service;
(o)
The term "service trade" means the supply of a service:
(i)
From the territory of a Party and to the territory of another Party (hereinafter referred to as "cross-border supply");
(ii)
In the territory of a Party for a consumer of services of another Party (hereinafter referred to as "consumption abroad");
(iii)
By a service provider of a Party, through a commercial presence in the territory of another Party (hereinafter referred to as "commercial presence");
(iv)
By a service provider of a Party, through the presence of natural persons of that Party in the territory of another Party (hereinafter referred to as "the presence of natural persons");
(p)
"Services" include all services in all sectors except services provided in the exercise of governmental authority;
(q)
A "service provided in the exercise of governmental authority" means any service that is not provided on a commercial basis or in competition with one or more service providers;
(r)
The term "direct taxes" includes all taxes on total income, on total capital or on elements of income or capital, including taxes on capital gains realized on the disposal of property, taxes on real property, Estates and donations, and taxes on the total amounts of wages or salaries paid by businesses, as well as taxes on capital gains.

1 In cases where the service is not provided directly by a legal person, but through other forms of commercial presence, such as a branch or office of representation, the service provider (i.e. the legal person) Shall, through such presence, benefit from the treatment provided for service providers under this Agreement. This treatment is granted to the commercial presence through which the service is provided and does not necessarily have to be extended to other parts of the service provider outside the territory where the service is provided.
2 Also included are legal persons who intend to carry out important commercial transactions such as "start-up" companies.

Art. Most-Favoured-Nation Treatment

1. Subject to exceptions arising from the harmonisation of regulations, which is based on agreements concluded by a Party with a third party and providing for mutual recognition in accordance with Art. VII of the GATS, and subject to the provisions of Annex VI, a Party shall accord immediately and unconditionally, with regard to any measure covered by this Chapter, to the services and service providers of another Party No less favourable than that it accords to similar services and to similar service providers of a third party.

2. Le par. 1 does not apply to the treatment accorded under other agreements concluded by a Party with a third party and notified in accordance with the provisions of Art. V of the GATS.

3. If a Party enters into an agreement of the type referred to in subs. 2 it shall, at the request of one of the other Parties, clean up the possibility of negotiating the benefits that have been granted.

Art. 24 Market Access

1. With respect to market access in accordance with the modes of supply identified in s. 22 (o), each Party shall accord to the services and service providers of another Party treatment no less favourable than that provided for in the terms, limitations and conditions agreed upon and specified in its List 1 .

2. In sectors where market access commitments are entered into, measures which a Party cannot maintain or adopt, whether at the level of a regional subdivision or at the level of its entire territory, unless it Is otherwise specified in its List, it is defined as follows:

(a)
Limitations on the number of service providers, whether in the form of numerical quotas, monopolies, exclusive service providers or the requirement for a review of economic needs;
(b)
Limitations on the total value of transactions or assets in relation to services, in the form of numerical quotas or the requirement of a review of economic needs;
(c)
Limitations on the total number of service operations or the total quantity of services produced, expressed in defined numeric units, in the form of quotas or the requirement of a review of economic needs 2 ;
(d)
Limitations on the total number of natural persons who may be employed in a particular service sector, or that a service provider may employ and are necessary for the provision of a specific service, and Address directly, in the form of numerical quotas or the requirement for a review of economic needs;
(e)
Measures that restrict or prescribe specific types of legal entity or joint venture through which a service provider can provide a service; and
(f)
Restrictions on the participation of foreign capital, expressed in the form of a maximum percentage limit on the holding of shares by foreigners, or on the total value of particular or global foreign investments.

1 If a Party contracts a contract access commitment in relation to the supply of a service in accordance with the mode of supply referred to in s. 22 (o) (i) and if the cross-border movement of capital is an essential part of the service itself, that Party undertakes to permit this cross-border movement of capital. If a Party contracts a contract access commitment in relation to the supply of a service in accordance with the mode of supply referred to in s. 22 (o) (iii), this Party undertakes to permit the transfer of related capital to its territory.
2 The s. 2 (c) does not cover the measures of a Party that restrict the inputs used in the provision of services.

Art. 25 National Treatment

In the sectors listed in its List and taking into account the conditions and restrictions specified therein, each Party shall accord to the services and service providers of another Party, in respect of all measures affecting the Provision of services, treatment no less favourable than that it accords to its own similar services and to its own suppliers of similar services 1 .

2. A Party may comply with the requirement of s. 1 by giving the services and service providers of another Party a treatment formally identical to that which it accords to its own similar services and to its own suppliers of similar services, or a treatment Formally different.

3. A formally identical or formally different treatment is considered to be less favourable if it alters the conditions of competition in favour of the services or service providers of the Party in relation to similar services or To similar service providers of another Party.


1 Specific commitments entered into under this Article shall not be construed as obliging a Party to compensate for intrinsic competitive disadvantages arising out of the foreign character of services or service providers Concerned.

Art. 26 Additional commitments

The Parties may negotiate undertakings in respect of measures affecting trade in services which are not subject to entry in the Lists under Art. 24 and 25 above, including those relating to qualifications, standards or licensing matters. These commitments shall be entered in the List of a Party.

Art. 27 Trade Liberalization/Specific Commitments Lists

The Parties undertake to liberalize trade in services between them, in accordance with Art. V of the GATS.

(2) Each Party shall indicate in a List the specific commitments it contracts under Art. 24, 25 and 26. With regard to the sectors for which these specific commitments are made, each list shall specify:

(a)
The terms, limitations and conditions relating to market access;
(b)
The conditions and restrictions on national treatment;
(c)
Commitments for additional commitments; and
(d)
In appropriate cases, the time limit for the implementation of these commitments.

3. Measures that are inconsistent with s. 24 and 25 are entered in the art column. 24. In this case, the entry is considered to introduce a condition or restriction in respect of also s. 25.

The lists of specific commitments of the Parties are set out in Annex VII and form an integral part of this chapter.

5. The Parties undertake to review their Schedules of Specific Commitments at least once every two years, but sooner if they so agree, with a view to eliminating, for the most part, the remaining discriminatory measures between the Parties For trade in services covered by this Chapter at the end of a transitional period of ten years from the entry into force of this Agreement. This review is continued if the remaining discrimination has not been eliminated for the most part at the end of the transitional period. This paragraph is not subject to the dispute settlement mechanism established by chap. IX.

Art. 28 Domestic Regulation

In sectors where specific commitments are made, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.

(2) Each Party shall maintain, or institute as soon as possible, judicial, arbitral or administrative tribunals or procedures that permit, at the request of a service provider of another affected Party, to reconsider in the Delays in administrative decisions affecting trade in services and, where warranted, take appropriate corrective action. In cases where these procedures are not independent of the body responsible for taking the administrative decision in question, the Party shall ensure that they make it possible to carry out an objective and impartial review.

3. In cases where an authorisation is required for the supply of a service for which a specific undertaking has been made, the competent authorities of a Party shall promptly inform the applicant after the submission of an application In the light of domestic laws and regulations, of the decision on the application. At the request of the applicant, the competent authorities of the Party shall provide, without undue delay, information on what happens to the application.

4. The Parties shall jointly review the results of negotiations on disciplines for certain regulations, including qualification requirements and procedures, technical standards and requirements for Licences, in accordance with s. VI.4 of the GATS, with a view to integrating them into this Agreement. The Parties note that these disciplines are intended to ensure that these requirements, among other things:

(a)
Be based on objective and transparent criteria, such as competence and ability to provide the service;
(b)
Are not more rigorous than necessary to ensure the quality of the service;
(c)
In the case of the licensing procedures, do not in itself constitute a restriction on the supply of the service.

5. In sectors where a Party has entered into specific commitments, which shall be subject to the modalities, limitations, conditions or restrictions laid down therein, pending the integration of the disciplines developed in accordance with subs. 4, this Party shall not apply any licensing and qualification requirements or technical standards that nullify or compromise these specific commitments in a manner:

(a)
That does not meet the criteria specified in par. 4 (a), (b) or (c); and
(b)
To which it would not reasonably have been expected from this Party at the time when the specific commitments in these sectors were made.

6. If domestic regulation is prepared, adopted and applied in accordance with international standards of competent international organizations applied by a Party 1 , there is a rebuttable presumption that this domestic regulation is consistent with this section.

7. In sectors where specific commitments concerning professional services are contracted, each Party shall provide for adequate procedures to verify the competence of professionals of another Party.


1 The term "competent international organizations" means international organizations to which the competent bodies of the Parties may accede.

Art. Grants

A Party which considers that a subsidy granted by another Party is prejudicial to it may request to engage in consultations with that other Party on that subject. These requests are reviewed with understanding.

Art. Recognition

The Joint Committee shall establish, in principle within a period not exceeding three years from the entry into force of this Agreement, the necessary steps for the negotiation of agreements or arrangements for the mutual recognition of training or The experience acquired, the requirements fulfilled, the qualifications, licences and certificates obtained and the other applicable regulations, so that the service providers comply, in whole or in part, with the criteria Applied by each Party concerning the issue of authorisations, licences or Certificates for service providers and their activities.

(2) Any recognition granted by a Party shall comply with the relevant provisions of the WTO, in particular Art. VII of the GATS.

3. Where a Party acknowledges, in an agreement or arrangement, the acquired training or experience, the requirements fulfilled, the qualifications, licences and certificates obtained in the territory of a third party, that Party shall clean up another A Party requesting an adequate opportunity to negotiate its accession to this Agreement or Arrangement, or to negotiate comparable agreements or arrangements. In cases where a Party grants recognition autonomously, it shall provide another Party with an adequate opportunity to demonstrate that the training or experience acquired, the requirements met, the qualifications, licences and Certificates obtained in its territory must also be recognised.

Art. Monopolies and exclusive service providers

Each Party shall ensure that any monopoly supplier of a service in its territory does not act, in providing a monopoly service in the relevant market, in a manner inconsistent with the Party's obligations under Specific commitments.

2. In cases where a monopoly supplier of a Party enters into competition, either directly or through an affiliate, for the supply of a service outside the scope of its monopoly rights and The Party's obligations under its specific commitments, the Party shall ensure that the Party does not abuse its monopoly position to act in its territory in a manner inconsistent with those commitments.

3. If a Party has reason to believe that a monopoly supplier of a service of another Party acts in a manner inconsistent with s. 1 or 2, it may invite that other Party to provide specific information concerning the relevant transactions.

4. The provisions of this Article shall also apply, in respect of exclusive service suppliers, to cases in which, in law or in fact, a Party (a) permits or establishes a small number of service providers and (b) prevents Substantially the competition between these suppliers on its territory.

Art. 32 Movement of natural persons

(1) This Chapter applies to measures affecting the movement of natural persons who are service providers of a Party and natural persons of a Party who are employed by a service provider of a Party, for Provision of a service. The natural persons covered by the specific commitments of a Party shall be authorised to provide that service in accordance with the terms of those specific commitments.

2. This Chapter does not apply to measures affecting natural persons seeking access to the labour market of a Party or to measures relating to citizenship, residence or permanent employment.

3. This Chapter shall not prevent a Party from applying measures to regulate the admission or temporary stay in its territory of natural persons of another Party, including measures necessary to protect the integrity of its And ensure the orderly passage of its borders by natural persons, provided that such measures are not applied in such a way as to nulliate or compromise the benefits accruing to a Party from the terms of a commitment Specific 1 .


1 The mere fact of requiring a visa for natural persons of a certain nationality and not for those of other nationalities should not be regarded as cancelling or compromising the benefits granted under a specific undertaking.

Art. 33 General Exceptions

Provided that such measures are not applied in such a way as to constitute an arbitrary or unjustifiable means of discrimination between countries where similar conditions exist, or a disguised restriction on trade in services, none Provision of this Chapter shall not be construed to prevent the adoption or application by a Party of measures:

(a)
Necessary for the protection of public morals or the maintenance of public order 1 ;
(b)
Necessary for the protection of the health and life of persons and animals or the preservation of plants;
(c)
Necessary to ensure compliance with laws or regulations that are not inconsistent with the provisions of this Chapter, including those relating to:
(i)
The prevention of deceptive and fraudulent practices or the means to remedy the effects of a breach of service contracts;
(ii)
The protection of the privacy of individuals with regard to the processing and dissemination of personal data, as well as the protection of the confidentiality of personal records and accounts;
(iii)
Security;
(d)
Incompatible with art. 25, provided that the difference in treatment is intended to ensure equitable or effective taxation or recovery 2 Direct taxes in respect of services or service providers of another Party;
(e)
Incompatible with art. 23, provided that the difference in treatment is the result of an agreement to avoid double taxation or to avoid double taxation in any other international agreement or arrangement by which a Party is bound.

1 The public order exception can only be invoked in cases where there is a genuine and sufficiently serious threat to one of the fundamental interests of society.
2 Measures to ensure fair or effective taxation or collection of direct taxes include measures taken by a Party under its tax system that:

Art. 34 Security Exceptions

Nothing in this Agreement shall be construed:

(a)
As requiring a Party to provide information the disclosure of which, in its opinion, would be contrary to the essential interests of its security or to allow access to such information;
(b)
Or as preventing a Party from taking any measures it considers necessary to protect the essential interests of its security:
(i)
Relating to the provision of services directly or indirectly to the supply of the armed forces;
(ii)
Relating to fissionable and fusionable materials or the raw materials used in their manufacture;
(iii)
Applied in times of war or in cases of serious international tension;
(c)
Or as preventing a Party from taking action in accordance with its commitments under the Charter of the United Nations for the maintenance of international peace and security.
Art. 35 Restrictions to protect balance of payments balance

The Parties shall endeavour to avoid the application of balance-of-payments-related restrictive measures.

2. Art. XI and XII of the GATS apply to payments and transfers and to restrictions designed to protect the balance of payments in respect of trade in services.

The Party which adopts or maintains a measure within the meaning of this Article shall promptly notify it to the other Parties and to the Joint Committee.

Art. 36 Annexes

Annexes VI to X are an integral part of this chapter.

IV Investments

Art. Definitions

For the purposes of this chapter:

(a)
The term "company" means any entity incorporated or otherwise organized in accordance with the applicable law, whether for profit or not, and owned or controlled by the private sector or the public sector, including any corporation, Trust company ("trust") , partnership, joint venture, individual business or association;
(b)
The term "investment" means any kind of having, and in particular:
(i)
The ownership of movable and immovable property, as well as all other real rights, such as easements, land charges, real estate and movable property;
(ii)
Social shares, shares, bonds and other forms of participation in a corporation;
(iii)
Monetary claims and rights to any benefit associated with a corporation and having economic value;
(iv)
Intellectual property rights, know-how and clients;
(v)
Concessions for economic purposes conferred by law or contract, including concessions for prospecting, cultivation, extraction or exploitation of natural resources;
(c)
The term "investor of a Party" means an investment held or controlled, directly or indirectly, by an investor of that Party;
(d)
The term "investor of a Party" means:
(i)
Any natural person possessing the nationality of that Party or a right of permanent residence in the territory of that Party in accordance with the applicable law of that Party;
(ii)
Any company incorporated or organized in accordance with the applicable law of that Party and carrying out important economic activities in the territory of that Party;
Who makes or has made an investment in the territory of another Party.
Art. 38 Scope and Coverage

(1) This Chapter applies to investors of a Party and their investments made before or after the entry into force of this Agreement.

2. Art. 40 (1) does not apply to measures affecting trade in services, whether or not the service sector concerned is registered in the chapter. III.

3. Art. 40 (1) also does not apply to investors of a Party in service sectors or their investments in these sectors. This provision shall be reviewed ten years after the entry into force of this Agreement in order to assess the need for its maintenance.

The provisions of this Chapter shall be without prejudice to the rights and obligations of the Parties arising from any other international investment agreement.

Art. 39 Promotion and protection

Each Party undertakes, in accordance with the provisions of this Chapter, to establish and maintain stable, equitable, favourable and transparent conditions for investors of other Parties making investments in its Territory.

2. Such conditions include a commitment to provide investors of another Party with fair and equitable treatment at any time. These investments also benefit from the most consistent protection and security.

Art. 40 National Treatment and Most-Favoured-Nation Treatment

Each Party shall provide investors and investors of another Party with respect to the establishment, acquisition, expansion, management, conduct, operation and disposal of investments, Treatment no less favourable than that it accords in situations similar to its own investors and their investments or investors of any third country and their investments, the most favourable treatment being Determining.

2. If a Party grants investors of any third State or their investments a more favourable treatment under a free trade agreement, a customs union or a similar agreement that also provides for substantial liberalization Investment, it is not required to accord such treatment to investors of another Party or to their investments. It shall nevertheless, at the request of another Party, clean up the possibility of negotiating the benefits thus granted.

3. The national treatment standard referred to in s. 1 does not apply to grants awarded under the social policy or economic development policy of a Party, even if such subsidies favour, directly or indirectly, local businesses or entrepreneurs. If another Party considers that such subsidies, in a particular case, have a serious distorting effect on the investment opportunities of its own investors, it may request consultations on these issues. These requests are reviewed with understanding.

4. The national treatment standard referred to in s. 1 means, in respect of a sub-national entity, treatment no less favourable than the most favourable treatment accorded by that entity, in similar situations, to investors and investors of the Party of which it is a member.

Art. Taxation

1. Subject to provisions contrary to this Article, no provision of this Chapter shall create rights or impose obligations in respect of tax measures.

2. Art. 40 applies to tax measures that devil from national treatment and are necessary for the fair or effective taxation or recovery of direct taxes 1 .

3. If a Party provides specific benefits to investors of any third country and their investments under an agreement to avoid double taxation, it is not required to provide such benefits to investors of another Part neither to their investments.


1 Footnote 26 of the Art. 33 of the chap. III (Services) also applies, Mut A Sinti , this chapter.

Art. Depossession and Compensation

1. No Party shall take, De jure Or De facto , measures of expropriation or nationalization against the investments of investors of another Party, if it is not for the public interest and provided that such measures are not discriminatory, that they are in conformity with the Legal requirements and give rise to the payment of compensation. The amount of the allowance shall be fixed in a freely convertible currency and shall be paid without delay to the person entitled, regardless of residence or domicile.

2. Investors of a Party whose investments in the territory of another Party have suffered losses due to armed conflict or civil strife in the territory of the latter Party shall receive treatment in accordance with Art. 40 in respect of restitution, compensation, compensation or any other settlement that it adopts or maintains concerning such losses.

Art. 43 Domestic Regulation

Nothing in this Chapter shall be construed to prevent a Party from adopting, maintaining or applying any measure in accordance with this Chapter which is taken in the public interest, such as measures to address concerns of Public health, safety or environmental health.

Art. 44 Transfers

(1) Each Party shall permit the free transfer without delay, within and outside its territory, of payments in respect of an investment made in its territory by an investor of another Party. These transfers include, in particular, but not exclusively:

(a)
Profits, interest, dividends, capital gains, royalties and remuneration and any other amount resulting from an investment;
(b)
Payments made under a contract, including loans;
(c)
Additional amounts for the maintenance or development of an investment;
(d)
Proceeds from the sale or liquidation of all or part of an investment; and
(e)
Salaries and other remuneration of staff engaged abroad in connection with an investment.

2. A transfer is considered to have been made "without delay" if it is carried out within the time limits normally required for the completion of the transfer formalities, including the currency transfer reports.

Each Party shall permit such transfers to take place in a freely convertible currency. The term "freely convertible currency" means a currency that is widely traded on international exchange markets and widely used in international transactions.

4. It is understood that s. 1 to 3 above shall be without prejudice to the fair, non-discriminatory and good faith application of the laws relating to:

(a)
Bankruptcy, insolvency or the protection of creditors' rights;
(b)
The issuance, negotiation and purchase or sale of securities;
(c)
Criminal offences and the recovery of their product;
(d)
Enforcement of judgments in administrative and judicial matters.

5. It is also understood that s. 1 to 3 above are without prejudice to obligations arising from tax laws or related to social security and public pension schemes.

Art. 45 Key Personnel

Subject to their laws and regulations relating to the admission, residence and employment of natural persons in their territory, the Parties shall accord to investors of another Party and to key personnel (senior managers, directors and According to the definition of "staff transferred within the company" given by the Party which allows, in the context of the horizontal commitments contained in its respective Appendix to Annex VII) employed by those investors or Investments of these investors, temporary admission and residence, and Temporary self-risk to work in their respective territories in order to carry out activities related to the establishment, management, maintenance, use, enjoyment, expansion or disposal of the investments concerned.

2. Subject to their laws and regulations, the Parties shall permit investors of another Party with investments in their territory and the investments of such investors to employ the key personnel selected by them The investor or the investment, regardless of nationality or citizenship, provided that such key personnel have been authorised to enter, stay and work in the territory of that other Party and that the employment concerned complies with the Terms, conditions and time limits for the authorizations granted to such key personnel.

3. The Parties are encouraged to grant, subject to their laws and regulations, the temporary entry and stay in their territory to the spouse and minor children of an investor of another Party or key personnel employed by that Party Benefiting from temporary admission and stay as well as temporary authorisation to work.

Art. Reservations

1. Art. 40 (1) does not apply to:

(a)
To any reservation indicated in Annex XI by a Party;
(b)
An amendment to a reservation referred to in the letter. (a) in so far as this amendment does not reduce the conformity of the reservation with art. 40;
(c)
Any new reservation adopted by a Party and introduced in Annex XI, provided that such reservation does not affect the general level of the commitments of that Party under this Chapter;

To the extent that such a reservation is not in conformity with the aforementioned Article.

2. The Parties undertake to review at least once every two years the status of the reservations indicated in Annex XI with a view to reducing or removing such reservations.

(3) A Party may at any time at the request of another Party, or unilaterally, delete all reservations indicated in Annex XI or any part of them by sending a notification to the other Parties.

4. A Party may at any time introduce a new reservation in Annex XI, in accordance with par. 1 (c) of this Article, by means of a notification to other Parties. Upon receipt of the notification, the other Parties may request consultations on the reservation. Upon receipt of the request for consultations, the Party introducing the reservation shall engage in consultations with the other Parties.

Art. Subrogation

In the event that a Party (or an organization, an institution, a public community or a corporation designated by it), as compensation from it for an investment or part of an investment, makes a payment to its own Investors in respect of their claims under this Chapter, the other Party acknowledges that that Party (or the body, institution, public community or corporation designated by the Party) is entitled, by subrogation, to exercise the And to assert the claims of its own investors. Subrogated rights and claims may not go beyond the original rights and claims of these investors.

Art. 48 Dispute between an investor and a Party

1. If an investor of a Party considers that a measure applied by another Party is not in accordance with the obligations under this Chapter and results in a loss or damage to the investor or its investment, the investor may request Consultations to settle the dispute amicably.

2. If the dispute is not resolved within six months of the request for consultations, it may be referred to a civil or administrative court of the Party concerned or, if the two parties to the dispute agree, it shall be submitted to One of the following procedures:

(a)
Arbitration under the Convention for the Settlement of Investment Disputes between States and Nationals of Other States 1 (the "ICSID Convention"), if applicable;
(b)
Conciliation or arbitration on the basis of the regulation of the International Centre for the Settlement of Investment Disputes;
(c)
Arbitration on the basis of the UNCITRAL Arbitration Rules of the United Nations Commission on International Trade Law.

3. A Party may enter into agreements with investors of another Party in order to give them its unconditional and irrevocable consent to the submission of all types of disputes or any part thereof to conciliation or to International arbitration in accordance with par. 2 above. Such agreements shall be notified to the Depositary of this Agreement.


Art. Exceptions

The following provisions shall apply: Mutatis mutandis , in this chapter:

Art. 33, 34 and 35 and art. 19 (e) to (g).

V Competition

Art. 50 Competition

1. The Parties recognize that certain business practices, such as anti-competitive agreements or concerted practices, and abuse of a dominant position, may impede trade between them.

2. A Party agrees to initiate, at the request of another Party, consultations with a view to ending the practices referred to in s. 1. The Party to which the request is made shall examine with understanding the request and cooperate in providing useful information, which shall be accessible to the public and shall therefore not be confidential. Subject to its legislation and the conclusion of an agreement protecting the confidentiality of the information, the Party to which the request is made shall also provide to the other Party any other available information.

(3) No Party shall resort to arbitration under chap. IX for a question under this Chapter.

VI Government Procurement

Art. Scope and Coverage

1. The rights and obligations of the Parties to this Agreement on public procurement are governed by the WTO Agreement on Government Procurement 1 .

2. The Parties agree to cooperate within the Joint Committee with the aim of increasing knowledge of their respective public procurement systems and achieving further liberalisation and mutual opening of public procurement markets.


1 RS 0.632.231.422

Art. Exchange of information

The Parties shall exchange the names and addresses of the "contact points" responsible for providing information on public procurement rules and regulations.

Art. Other negotiations

If, after the entry into force of this Agreement, a Party grants a third party additional benefits in respect of access to its public contracts, it agrees to enter into negotiations with a view to extending those benefits to another Party Party on the basis of reciprocity.

VII Intellectual Property Protection

Art. Protection of intellectual property

1. The Parties shall grant and ensure adequate and effective protection of intellectual property rights. They shall provide for measures to enforce these rights in the event of an infringement, infringement and piracy, in accordance with the provisions of this Article, Annex XII and the international agreements referred to therein.

(2) The Parties shall accord to nationals of other Parties treatment no less favourable than that accorded to their own nationals. Exceptions to this obligation must comply with the substantive provisions of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights 1 (hereinafter referred to as "the TRIPS Agreement"), in particular its s. 3 and 5.

3. The Parties shall accord to nationals of other Parties treatment no less favourable than that accorded to nationals of any third party. Exceptions to this obligation must comply with the substantive provisions of the TRIPS Agreement, in particular its art. 4 and 5.

4. The Parties agree, at the request of a Party to the Joint Committee and subject to consensus within the Joint Committee, to review the provisions relating to the protection of intellectual property rights contained in this Article and In Annex XII, with a view to improving levels of protection and avoiding or correcting trade distortions resulting from current levels of protection of intellectual property rights.


1 RS 0.632.20 , Annex 1.C

VIII Institutional provisions

Art. Joint Committee

The EFTA-Singapore Joint Committee shall be established by the Parties. Composed of representatives of each Party, it shall be co-chaired by the Ministers or by the senior officials delegated to that effect by the Parties.

2. The Joint Committee:

(a)
Ensure the implementation of this Agreement;
(b)
Examine the possibilities of pursuing the elimination of trade barriers and other restrictive measures affecting trade between the EFTA States and Singapore;
(c)
Monitor the development of this Agreement;
(d)
Supervise the work of all subcommittees and working groups established under this Agreement;
(e)
Shall endeavour to resolve any disputes concerning the interpretation or application of this Agreement; and
(f)
Considers any other matter which may affect the implementation of this Agreement.

The Joint Committee may decide on the establishment of sub-committees and working groups it deems necessary to assist it in the performance of its tasks. Subject to specific provisions of this Agreement, subcommittees and working groups shall act on the terms of reference of the Joint Committee.

4. The Joint Committee may make decisions under this Agreement. On other issues, the Joint Committee may make recommendations.

The Joint Committee shall make its decisions and make its recommendations by consensus.

The Joint Committee shall meet whenever necessary, but normally once every two years. The regular meetings of the Joint Committee shall be co-chaired by an EFTA State and Singapore. The Joint Committee shall establish its rules of procedure.

(7) Each Party may request at any time, by notification addressed to the other Parties, the convening of an extraordinary meeting of the Joint Committee. This meeting shall be held within 30 days of receipt of the request, unless the Parties otherwise agree.

The Joint Committee may decide to amend the Annexes and Appendices to this Agreement. Subject to subs. 9, it may fix the date of entry into force of such decisions.

9. If a representative of a Party within the Joint Committee has accepted a decision which is subject to the completion of constitutional procedures, the decision shall enter into force when the last Party has notified the completion of its Internal procedures, unless the decision itself provides for a later date. The Joint Committee may decide that the decision shall enter into force for those Parties that have completed their internal procedures, provided that Singapore is the number. A Party may provisionally apply a decision of the Joint Committee until its entry into force, subject to its constitutional procedures.

IX Dispute Settlement

Art. 56 Scope and Coverage

The provisions of this Chapter shall apply to the prevention and settlement of all disputes relating to this Agreement between one or more EFTA States and Singapore.

2. Disputes concerning an issue under this Agreement and the WTO Agreement or any other agreement negotiated under this Agreement, to which the Parties are parties, may be settled according to the forum chosen by the Complainant. The choice of one forum excludes the other.

3. Before a Party enters into a dispute settlement procedure in accordance with the WTO Agreement against another Party or several other Parties, or vice versa, that Party shall inform all other Parties of its intention.

Art. 57 Good Offices, Conciliation, Mediation

1. Good offices, conciliation and mediation are procedures that are open voluntarily if the Parties concerned so agree. They can start and end at any time.

2. The procedures of good offices, conciliation and mediation shall be confidential and without prejudice to the rights of the Parties arising out of any other procedure.

Art. Consultations

The Parties shall endeavour at any time to reach agreement on the interpretation and application of this Agreement and shall, through cooperation and consultation, make every effort to resolve in a mutually acceptable manner any matter Can affect the execution of the server.

2. One or more EFTA States may request in writing consultations in Singapore, and vice versa, if a Party considers that a measure applied by the Party or Parties to which the request is addressed is not in conformity with this Agreement or Any advantage arising for it, directly or indirectly, from this Agreement is affected by such a measure 1 The Party requesting consultations shall simultaneously notify the other Parties. Consultations shall take place before the Joint Committee, subject to the consent of the Party or Parties requesting consultations or to whom this request is addressed.

3. Consultations shall take place within 30 days of receipt of the request to engage them. Consultations on urgent matters, including those relating to perishable agricultural commodities, shall begin within 15 days of receipt of the request to engage them.

4. The Parties involved in the consultations shall provide sufficient information to permit a full review of the manner in which the measure or other matter may affect the implementation of this Agreement and shall deal with any information Confidential or exclusive exchanged during consultations in the same manner as the Party providing the information.

5. The consultations shall be confidential and without prejudice to the rights of the Parties arising out of any other procedure.

The Parties involved in the consultations shall inform the other Parties of any mutually agreed solution of the matter.


1 The words "such" refer to "a measure applied by the Party or Parties to whom the request is addressed".

Art. Constitution of a Board of Referees

1. If the case is not resolved within 60 days, or 30 days for urgent cases, following receipt of the request for consultations, it may be referred to arbitration by one or more Parties concerned, by means of a notification To the Party or Parties against whom the complaint was filed. A copy of the notification shall be provided to all Parties so that each Party may determine its participation in the dispute.

2. Where more than one Party requests the establishment of a panel of referees in the same case, a single arbitration panel, to the extent possible, shall be established to examine these complaints.

3. The request for arbitration contains the ground of the complaint, the identification of the measure in question and the indication of the legal basis for the complaint.

Art. 60 Arbitration Panel

1. The arbitration panel shall consist of three members.

2. In the written notification under Art. 59, the Party or Parties that submit the dispute to arbitration shall appoint a member of the arbitration panel.

3. Within 15 days of receipt of the notification referred to in s. 2, the Party or Parties to whom the notification has been sent shall appoint a member of the arbitration panel.

4. The parties to the dispute agree on the appointment of the third arbitrator within 30 days of the appointment of the second arbitrator. The designated member shall preside over the arbitration panel.

5. If the three members were not appointed within 45 days of receipt of the notification referred to in s. 2, the necessary designations shall be made, at the request of one party to the other, by the Director-General of the World Trade Organization within a further period of 30 days.

6. The Chairman of the Board of Referees is not a national of a Party, does not have a habitual residence in the territory of a Party, is not employed by or has been employed by a Party, and has never dealt with the case, in any capacity.

7. In the event of death, withdrawal or dismissal of an arbitrator, a replacement shall be appointed within 15 days in accordance with the procedure followed to select it. In such a case, any time limit prescribed by the proceedings of the arbitral panel shall be suspended for a period beginning to run on the date of death, withdrawal or dismissal of the arbitrator, and shall terminate on the date of the appointment of his replacement.

8. The date of incorporation of the arbitral panel is that of the appointment of its chairperson.

Art. 61 Procedure of the Arbitral Panel

Unless otherwise provided by the parties to the dispute, the proceedings of the arbitral panel shall be conducted in accordance with the Model Rules of Procedure adopted at the first meeting of the Joint Committee. Until then, the arbitral panel shall determine its own rules of procedure, unless otherwise provided by the parties to the dispute.

2. Notwithstanding s. 1, all the proceedings of the arbitration panel shall guarantee:

(a)
That the parties to the dispute are entitled to a hearing at least before the arbitral panel and have the opportunity to present their initial communications and arguments in writing;
(b)
The parties to the dispute are invited to participate in all the hearings conducted by the arbitration panel;
(c)
That the parties to the dispute have access to all communications and comments submitted to the panel, subject to confidentiality requirements; and
(d)
That the hearings, the proceedings, the initial report and all written communications submitted to the panel of referees and any other communication made to it shall be kept confidential.

3. Unless otherwise provided by the parties to the dispute within 20 days of the filing of the request for the establishment of the arbitration panel, the terms of reference shall be as follows:

" To examine, in the light of the relevant provisions of this Agreement, the matter set out in the application for the establishment of the arbitration panel according to Art. 59, make reasoned and factual findings and make recommendations, where appropriate, for the settlement of the dispute. '

4. At the request of a party to the dispute or on its own initiative, if it considers it appropriate, the arbitral panel may seek scientific information or expert technical advice.

The arbitration panel shall act on the basis of the provisions of this Agreement, applied and interpreted in accordance with the rules of interpretation of public international law.

6. The decisions of the arbitration panel shall be taken by a majority of the votes of its members. In the absence of unanimity, the members of the arbitration panel may issue specific opinions. No Board of Referees can reveal who of its members belongs to the majority or the minority .

7. The costs of the arbitration panel, including the remuneration of its members, shall be apportioned equally between the parties to the dispute.

S. 62 Initial Report

1. The arbitration panel shall submit an initial report to the parties to the dispute within 90 days after its incorporation.

2. The arbitration panel shall base its report on the communications and arguments of the parties to the dispute and on the scientific information and technical advice obtained in accordance with subs. 4 of Art. 61.

A party to the dispute may submit written comments on the initial report to the arbitral panel within 14 days after the submission of the initial report.

4. If so, after reviewing the written comments, the Board of Referees may, on its own initiative or at the request of a party to the dispute:

(a)
Request the opinion of any party to the dispute;
(b)
Reconsider its report; and
(c)
Conduct any other review that it considers appropriate.
S. 63 Final Report

The arbitration panel shall submit a final report to the parties to the dispute, which shall contain the data referred to in paragraph 1. 2 of the art. 62, including specific notices issued in the absence of unanimity, within 30 days of the submission of the initial report.

2. Unless otherwise provided by the parties to the dispute, the final report shall be published 15 days after it has been submitted to them.

Art. 64 End of the proceedings of the arbitration panel

A complaining party may withdraw its complaint at any time before the submission of the initial report. This withdrawal is without prejudice to its right to introduce a new complaint in the same case at a later date.

Art. Implementation of the reports of the arbitration panel

The final report shall be final and binding on the parties to the dispute. Each party to the dispute shall be required to take measures to implement the final report referred to in s. 63.

2. The Party or Parties concerned shall inform the other Party or Parties to the dispute, within 30 days of the submission of the final report, of their intentions concerning its implementation.

3. The parties to the dispute shall endeavour to agree on the specific measures required for the implementation of the final report. If possible, the solution shall consist of the removal of a measure not in accordance with this Agreement or, failing that, compensation.

4. The Party (s) concerned shall promptly comply with the final report. If this is not possible, the parties to the dispute shall endeavour to agree on a reasonable period of time to do so. In the absence of an agreement, a party to the dispute may ask the original panel of referees to fix the length of the reasonable period of time in light of the particular circumstances of the case. The arbitration panel shall render its decision within 15 days of the request.

5. The Party (s) concerned shall notify the other or the other parties to the dispute of the measures adopted for the implementation of the final report before the expiration of the reasonable time limit fixed in accordance with par. 4. On the basis of this notification, any party to the dispute may ask the original arbitration panel to rule on the conformity of these measures with the final report. The arbitration panel shall render its decision within 60 days of the request.

6. If the Parties concerned do not notify the implementing measures of the final report before the expiry of the reasonable time limit fixed in accordance with par. 4, or if the arbitral panel decides that the implementation measures notified by the concerned Party or Parties are not in accordance with the final report, those Parties shall, at the request of the complainants, undertake consultations in view Agree on mutually acceptable compensation. In the absence of agreement on this point within 20 days of the request, the complaining Party (s) shall be entitled to suspend the benefits arising out of this Agreement, but only to the extent of those affected by the measures considered to be in violation This Agreement.

7. When selecting the benefits to be suspended, the complainants shall give priority to the benefits of the sector or sectors affected by the measures considered by the arbitral panel to be in violation of this Agreement. The complainants who consider that it is neither possible nor effective to suspend benefits from the sector or sectors affected may suspend benefits in other sectors.

8. The other complaining Parties shall notify the other or other Parties of the benefits that they intend to suspend no later than 60 days prior to the implementation of the suspension. Within 15 days of such notification, a party to the dispute may ask the original arbitral panel to decide whether the benefits that the complainants intend to suspend are equivalent to those affecting the measures considered As a violation of this Agreement and if the proposed suspension is in accordance with s. 6 and 7. The decision of the arbitration panel shall be made within 45 days of the request. No benefit is suspended until the decision of the Board of Referees has been rendered.

9. The suspension of benefits shall be temporary and shall be applied by the complaining Party (s) only until such time as the measures considered to be in violation of this Agreement are withdrawn or amended to bring them into conformity with the present Agreement Agreement, or until the parties to the dispute have reached an agreement to terminate the dispute.

10. At the request of a party to the dispute, the original panel of referees shall decide on compliance with the final report of the implementing measures adopted after the suspension of the benefits and, in the light of that decision, decide whether the suspension of the Benefits must end or be modified. The arbitration panel shall render its decision within 30 days of the request.

11. Decisions rendered in accordance with s. 4, 5, 8 and 10 are required.

Art. 66 Other provisions

Any time limit referred to in this Chapter may be extended by agreement of the Parties concerned.

X Final Clauses

Art. 67 Transparency

The Parties shall publish or otherwise make available to the public their laws, regulations, administrative and judicial decisions of general application, as well as international agreements which may affect the operation of this Agreement.

2. The Parties shall promptly reply to the specific questions and shall inform each other, upon request, of the information referred to in par. 1.

3. Nothing in this Agreement obliges a Party to disclose any confidential information, which would impede the application of the law, would otherwise be contrary to the public interest or would prejudice commercial interests Legitimate economic actor.

Art. 68 Appendices and Appendices

The Annexes and Appendices to this Agreement shall form an integral part thereof.

Art. 69 Amendments

1. Once approved by the Joint Committee, amendments to this Agreement shall be submitted to the Parties for ratification, acceptance or approval, in accordance with their respective constitutional requirements.

(2) Unless the Joint Committee decides otherwise, the amendments shall enter into force on the first day of the third month following the deposit of the last instrument of ratification, acceptance or approval.

3. The text of the amendments and instruments of ratification, acceptance or approval shall be deposited with the Depositary.

Art. Accession

Any third State may become a Party to this Agreement. The terms and conditions for the participation of a third State shall be the subject of an agreement between the Parties and the third State.

Art. Withdrawal and extinction

1. Each Party may withdraw from this Agreement by notification addressed to the Depositary. The withdrawal shall take effect on the first day of the sixth month following receipt of the notification by the Depositary.

2. If Singapore withdraws from this Agreement, it shall terminate on the date specified in subs. 1.

Art. 72 Entry into force

(1) This Agreement shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Depositary.

2. This Agreement shall enter into force on 1 Er January 2003 for the signatory States that deposited their instruments of ratification, acceptance or approval with the Depositary on that date, provided that Singapore also deposited its instrument of ratification on that date, Acceptance or approval.

3. If a signatory State deposits its instrument of ratification, acceptance or approval after 1 Er January 2003, this Agreement shall enter into force on the first day of the third month following the deposit of the instrument, provided that this Agreement enters into force on or before the same date for Singapore.

4. Each Party may, if its constitutional requirements permit, provisionally apply this Agreement for an initial period beginning on 1 Er January 2003. The provisional application of this Agreement shall be notified to the Depositary.

Art. Depositary Memorandum of Understanding Chapters II, III and IV Chapter II Chapters III, IV and VI Chapter III Chapter IV Annex VII List of Annexes Scope 1 Er January 2003

The Government of Norway has the status of Depositary.

In witness whereof, The undersigned, duly authorized to that effect, have signed this Agreement.

Done at Egilsstadir, on 26 June 2002, in a record copy in English, deposited with the Government of Norway. The Depositary shall transmit certified copies to all signatory States.

(Suivent signatures)

Memorandum of Understanding


Chapters II, III and IV

It is understood that when the terms used in s. 19 and 33 are the same as those employed in s. GATT 1994 and Art. XIV of the GATS, they are interpreted in the light of the corresponding decisions taken under the GATT/WTO dispute settlement mechanism 5 .

If it is understood that the provisions of chap. II, III and IV shall apply to the telecommunications infrastructure of the Parties, none of which shall prevent a Party from taking the necessary measures to protect its critical telecommunications infrastructure from attempts Whether such measures do not constitute an arbitrary or unjustified means of discrimination or a disguised restriction on trade in goods, trade in services or Investment.


Chapter II

Art. 7

Concerning risk management

The Parties recognize that the selective application of government controls based on the principles of risk management provides opportunities to facilitate trade and improve the enforcement of border controls.

Concerning the use of information technology

The Parties recognize that their common objectives are to serve the interests of their respective business communities and to establish a business environment to enable them to take advantage of the opportunities offered by this Agreement.

The Parties confirm their commitment to the use of effective trade procedures aimed at reducing unnecessary costs and delays in trade between them. The customs administrations of the Parties shall establish an electronic environment that facilitates transactions between each of them and their respective business environments.

Sharing Best Practices

The Parties agree to encourage initiatives to exchange information on best practices in the field of customs procedures.


Chapters III, IV and VI

For the purposes of this Agreement, the activities of non-governmental entities, including those in which the Government of Singapore or the Government of an EFTA State holds shares, shall not be regarded as measures taken by Singapore or by This EFTA State, unless these entities exercise delegated powers by their respective governments .


Chapter III

In the context of the cross-border mode or the mode of consumption abroad, as defined in Art. 22, if a banking service is not directly supplied by a corporation but by a branch, the treatment accorded to service providers is nevertheless extended to the branch through which the service is provided. The following conditions apply:

-
In accordance with the legislation of the Party in which the service is provided, the branch shall be subject to the same financial liability obligations as a legal entity and to requirements for supervision, finance, Organization and other equivalent to those of a legal entity; to the extent that differences in supervisory, financial, organizational and other requirements result from the inherent characteristics of a branch in A comparison of a corporation, these requirements are deemed to be equivalent;
-
The branch maintains an effective and continuous relationship with the economy of the Party from which the service is provided;
-
The legal person is subject to enhanced supervision by the competent authority of the court according to the legislation of which it is constituted;
-
The legal person is constituted in accordance with the legislation of a WTO member in respect of which the Party where the service is provided applies the multilateral trade agreements of Schedules 1 and 2 of the WTO Agreement.

This treatment may not be extended to any part of the service provider located outside the territory of the Party where the service is provided.


Chapter IV

It is understood that chap. IV does not impose any obligation on a Party with regard to public procurement, except that the laws on public procurement and their application may not be discriminatory.

Art.

The Parties agree to reconsider the definition of "Party investor" at the first meeting of the Joint Committee and to consider favourably the inclusion of branches in this definition.

Art. 40

It is understood that the obligation of a Party to ensure the most-favoured-nation (MFN) treatment in accordance with Art. 40, para. 1, does not apply to concessions granted under investment agreements entered into by a Party prior to the conclusion of this Agreement. It is also understood that the MFN obligation does not apply to concessions granted under agreements other than those under s. 40, para. 2, which a Party may conclude, unless MFN or non-discrimination is expressly provided for in articles of the Chapter. IV.

It is understood that the policies referred to in s. 40, para. 3 also includes measures to preserve and promote cultural and linguistic diversity.

Art.

In the context of s. 42, the Parties confirm that they are of the view that the term "public interest" covers the grounds set out in the legislation in force in Singapore for the expropriation of land and that the compensation is in accordance with the terms of that Act.

Art. 44

For greater certainty, for the purposes of this Chapter, the term "freely convertible currency" shall include the respective currencies of the Parties and the art. 44, para. 3, may not prejudice a Party's policy with regard to the internationalization of its own currency.

Art.

It is understood that the exceptions under s. 49 apply to investments in all sectors.

It is understood that, as regards the reference to s. 19 (e) of chap. The term "articles made in prisons" means "work in prison" in the context of this chapter.


Annex VII

Singapore states that the phrase "may benefit from an initial stay of one month from the date of arrival" in the commitment for the C. Employees of legal persons seeking to establish a commercial presence at Singapore In the horizontal commitments of Appendix 1 to Annex VII, means that commercial visitors who meet all the criteria of this undertaking are entitled to admission and residence for the period requested for such persons or For a period of 30 days, if this period is shorter.

Singapore specifies that the specific commitment for A. Employees transferred to the corporation In the horizontal commitments in Appendix 1 of Annex VII, means that employees transferred to the company who meet all the criteria of this commitment are entitled to admission and residence for a total period of 5 years or For the period requested, if this period is shorter. The residence permit is granted for an initial period of 2 years, followed by an extension of up to 3 years on request.

In witness whereof, The undersigned, duly authorized to that effect, have signed this Memorandum of Understanding.

Done at Egilsstadir, on 26 June 2002, in a record copy in English, deposited with the Government of Norway. The Depositary shall transmit certified copies to all signatory States.

(Suivent signatures)

Table of Contents

Objectives Art. 1

Scope of geographical scope Art. 2

Economic and trade relations governed by this Agreement Art. 3

Relation to Other Agreements Art. 4

Regional and local governments Art. 5

Subject matter and scope Art. 6

Rules of origin and administrative cooperation Art. 7

Customs duties Art. 8

Import and Export Restrictions Art. 9

Most-Favoured-Nation Treatment Art. 10

National Treatment Art. 11

Sanitary and phytosanitary measures Article 12

Technical Regulations Art. 13

Public sector commercial enterprises Art. 14

Grants Art. 15

Antidumping Measures Art. 16

Emergency Measures Concerning the Importation of Specific Products Art. 17

Balance of payments difficulties Art. 18

General Exceptions Art. 19

Security Exceptions Art. 20

Subject matter and scope Art. 21

Definitions S. 22

Most-Favoured-Nation Treatment Art. 23

Market Access Art. 24

National Treatment Art. 25

Additional commitments Art. 26

Trade Liberalization/Specific Schedule of Commitments Art. 27

Domestic Regulation Art. 28

Grants Art. 29

Recognition Art. 30

Monopolies and exclusive service providers Art. 31

Movement of natural persons Art. 32

General exceptions Art. 33

Security Exceptions Art. 34

Restrictions to protect the balance of payments Art. 35

Annexes Art. 36

Definitions Art. 37

Scope and scope Art. 38

Promotion and protection Art. 39

National Treatment and Most-Favoured-Nation Treatment Art. 40

Taxation Art. 41

Depossession and Compensation Art. 42

Domestic regulation Art. 43

Transfers Art. 44

Key Personnel Art. 45

Reservations Art. 46

Subrogation Art. 47

Dispute between an investor and a Party.

Exceptions Art. 49

Competition Article 50

Scope and Coverage Art. 51

Exchange of information Art. 52

Other Negotiations Art. 53

Intellectual Property Protection Art. 54

Joint Committee Art. 55

Scope and Coverage Art. 56

Good Offices, Conciliation, Mediation Art. 57

Consultation Art. 58

Establishment of an Arbitral Panel Art. 59

The arbitral panel Art. 60

Procedure of the Arbitral Panel Art. 61

Initial Report Art. 62

Final report Art. 63

End of the proceedings of the arbitration panel Art. 64

Implementation of the reports of the arbitration panel Art. 65

Other provisions Art. 66

Transparency Art. 67

Appendices and Appendices Art. 68

Amendments Art. 69

Accession Art. 70

Withdrawal and extinction Art. 71

Entry into force Art. 72

Depositary Art. 73


List of annexes 6

Record of Understanding-Memorandum of Understanding

Annex I

Definition of the concept of originating products and methods of administrative co-operation

Appendix 1 to Annex I-Introductory notes to the list in Appendix 2

Appendix 2 to Annex I-List of working or processing required to be carried out on non-originating materials in order that the product manufactured can obtain originating status

Appendix 3 to Annex I-Outward processing

Annex II

Territorial application

Annex III

Processed agricultural products

Table to Annex III

Annex IV

Fish and other marine products

Annex V

Products not covered by Article 8

Annex VI

Most-favoure-nation treatment

Annex VII

Services commitments

Appendix 1 to Annex VII-Singapore

Appendix 2 to Annex VII-Liechtenstein

Appendix 3 to Annex VII-Iceland

Appendix 4 to Annex VII-Norway

Appendix 5 to Annex VII-Switzerland

Annex VII

Financial Services

Annex IX

Telecommunications Services

Annex X

Recognition of qualifications for engineering services

Annex XI

Investment reservations

Appendix 1 to Annex XI-Reservations by all parties

Appendix 2 to Annex XI-Reservations by the EFTA States

Appendix 3 to Annex XI-Reservations by Singapore

Appendix 4 to Annex XI-Reservations by Iceland

Appendix 5 to Annex XI-Reservations by Liechtenstein

Appendix 6 to Annex XI-Reservations by Norway

Appendix 7 to Annex XI-Reservations by Switzerland

Annex XII

Protection of intellectual property

Joint Committee Decisions

No. 5-07

Amendments to Appendices 1-3 to Annex I

No. 4-07

Amendments to Annex I

No. 3-07

Amendment to Annex IV

No. 2-07

Amendments to Annex V

No. 1-07

Amendments to Annex III

No. 2-04

Model rules of procedure for the arbitration panel

No. 1-04

Establishing the rules of procedure of the EFTA-Singapore Joint Committee


Scope 1 Er January 2003

States Parties

Ratification

Entry into force

Iceland

December 30

2002

1 Er January

2003

Liechtenstein

December 30

2002

1 Er January

2003

Norway

19 December

2002

1 Er January

2002

Singapore

August 23

2002

1 Er January

2003

Switzerland

24 December

2002

1 Er January

2003


RO 2003 2019 ; FF 2002 6228


1 Translation of original English text.
2 Art. 1 al. 1 let. A of AF of Dec 10. 2002 ( RO 2003 2018 )
3 RS 0.120
4 RS 0.632.20
5 RS 0.632.20 , Annex 2
6 These documents (published in part RO 2003 2019 ) (with the exception of the Memorandum of Understanding) are not published to the OR or SR (see RO 2010 5433, 2012 1151). They are available in English only and are available on the EFTA website http://www.efta.int/free-trade/free-trade-agreements/singapore/ the following address: http://www.efta.int/free-trade/free-trade-agreements/singapore/


State 1 Er November 2011