Digital Economy Agreement between Australia and Singapore

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Preamble

str. 2The Government of Australia ('Australia') and the Government of the Republic of Singapore ('Singapore'), hereinafter referred to collectively as 'the Parties':

Recognising the depth and strength of their close economic relationship, underpinned by the Joint Declaration by the Prime Ministers of Australia and Singapore on a Comprehensive Strategic Partnership ('CSP') signed at Singapore on June 29, 2015 and the Singapore-Australia Free Trade Agreement;

Sharing the vision for a greater acceleration, integration and digital transformation of the Parties' economies;

Recalling their shared commitment to deepen bilateral cooperation on the digital economy;

Recognising the fundamental role of small and medium-sized enterprises in maintaining dynamism and enhancing competitiveness in the digital economy;

Further recognising the economic opportunities and the wider access to goods and services brought about by the digital economy;

Seeking to establish new benchmarks for cooperation in relation to the digital economy in order to enhance these economic opportunities;

Complementing the Parties' international and regional leadership roles in the pursuit of ambitious benchmarks, rules and standards for the digital economy; and

Affirming the Parties' rights, obligations and undertakings in the World Trade Organization ('WTO'), and other multilateral, regional and bilateral agreements and arrangements concerning the digital economy;

Have agreed as follows:

ARTICLE 1

Objectives

str. 2The objectives of this Agreement are to:

- (a) deepen bilateral relations and cooperation, and enhance the integration of the two economies of the Parties under the CSP;

str. 3- (b) support the growth of economic activity between the Parties;
- (c) expand the scope of cooperation between the Parties on matters concerning the digital economy;
- (d) establish new, ambitious and transparent benchmarks that will support the growth and effective regulation of the digital economy;
- (e) leverage emerging technologies to deepen the Parties' economic relationship;
- (f) build on the Parties' multilateral and regional leadership on digital trade, including at the WTO; and
- (g) facilitate greater business-to-business and research links between the Parties.

ARTICLE 2

General Definitions

ARTICLE 3

Amendment of the Singapore-Australia Free Trade Agreement

str. 3The Parties agree to amend the Singapore-Australia Free Trade Agreement. In accordance with Article 11 (Amendments) of Chapter 17 (Final Provisions) of the Singapore-Australia Free Trade Agreement, the Parties have agreed to:

- (a) replace the provisions of Chapter 14 (Electronic Commerce) of the Singapore-Australia Free Trade Agreement with the provisions set out in Annex A to this Agreement; and
- (b) amend the preamble and Chapter 9 (Financial Services) of the SingaporeAustralia Free Trade Agreement as set out in in Annex B to this Agreement.

Cooperation

str. 4Recognising the role of technical cooperation between the Parties in increasing and enhancing the opportunities provided by the digital economy, the Parties shall endeavour to cooperate on matters concerning the digital economy and shall also encourage their businesses, researchers and academics in their respective territories to engage in this cooperation. The Parties may undertake such cooperation under the auspices of the CSP, this Agreement, the Singapore-Australia Free Trade Agreement or any instrument entered into by the Parties in connection with the conclusion of this Agreement, or in the context of other international fora of which the Parties are participants or members.

ARTICLE 5

Entry into Force

str. 4This Agreement shall enter into force on the date of the later note of an exchange of notes confirming that each Party has completed its respective domestic requirements for the entry into force of this Agreement.

ARTICLE 6

Amendments

str. 41. This Agreement may be amended by agreement in writing by the Parties and such amendments shall enter into force on such date or dates as may be agreed between the Parties. 2. For greater certainty, any subsequent amendments to the preamble, and Chapters 9 (Financial Services) and 14 (Electronic Commerce) of the Singapore-Australia Free Trade Agreement shall be made in accordance with Article 11 (Amendments) of Chapter 17 (Final Provisions) of the Singapore-Australia Free Trade Agreement.

str. 5IN WITNESS WHEREOF , the undersigned, being duly authorised by their governments, have signed this Agreement. DONE , in duplicate, at Adelaide, Australia and Singapore on this day of the sixth of August, two thousand and twenty. FOR THE GOVERNMENT OF AUSTRALIA:



FOR THE GOVERNMENT OF THE REPUBLIC OF SINGAPORE:

ANNEX A

14 DIGITAL ECONOMY

ARTICLE 1

Definitions

ARTICLE 2

Scope

str. 91. This Chapter shall apply to measures adopted or maintained by a Party that affect trade by electronic means or that, by electronic means, facilitate trade. 2. This Chapter shall not apply:
2. (a) to government procurement; or
3. (b) except for Article 27 (Open Government Data), to information held or processed on behalf of a Party or measures related to such information, including measures related to its collection. 3. Articles 6 (Non-Discriminatory Treatment of Digital Products), 23 (Cross-Border Transfer of Information by Electronic Means), 24 (Location of Computing Facilities) and 25 (Location of Computing Facilities for Financial Services) shall not apply to a measure to the extent that the measure is not subject to an obligation in Chapters 7 (Cross-Border Trade in Services), 8 (Investment) or 9 (Financial Services) by reason of:

- (a) Article 7 (Reservations) of Chapter 7 (Cross-Border Trade in Services), Article 11 (Reservations) of Chapter 8 (Investment) or Article 10 (NonConforming Measures) of Chapter 9 (Financial Services); or
- (b) any exception that is applicable to that obligation. 4. For Australia, Articles 23 (Cross-Border Transfer of Information by Electronic Means), 24 (Location of Computing Facilities) and 25 (Location of Computing Facilities for Financial Services) shall not apply to credit information, or related personal

4 For greater certainty, a reference in this Agreement to the TRIPS Agreement includes any waiver in force between the Parties of any provision of the TRIPS Agreement granted by WTO Members in accordance with the WTO Agreement. information, of a natural person.

ARTICLE 3

General Exceptions

str. 101. For the purposes of this Chapter, Article XX of GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis . 2. For the purposes of this Chapter, paragraphs (a), (b) and (c) of Article XIV of GATS are incorporated into and made part of this Agreement, mutatis mutandis . 3. The Parties understand that the measures referred to in Article XX(b) of GATT 1994 include environmental measures necessary to protect human, animal or plant life or health, and that Article XX(g) of GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources.

ARTICLE 4

Disclosure of Information

str. 10Nothing in this Chapter shall require a Party to furnish or allow access to confidential information, the disclosure of which would be contrary to its law, impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice legitimate commercial interests of particular enterprises, public or private.

ARTICLE 5

Customs Duties

str. 101. Neither Party shall impose customs duties on electronic transmissions, including content transmitted electronically, between a person of a Party and a person of the other Party. 2. For greater certainty, paragraph 1 shall not preclude a Party from imposing internal taxes, fees or other charges on content transmitted electronically, provided that such taxes, fees or charges are imposed in a manner consistent with this Agreement.

Non-Discriminatory Treatment of Digital Products

str. 111. Neither Party shall accord less favourable treatment to a digital product created, produced, published, contracted for, commissioned or first made available on commercial terms in the territory of the other Party, or to a digital product of which the author, performer, producer, developer or owner is a person of the other Party, than it accords to other like digital products. 2. Paragraph 1 shall not apply to the extent of any inconsistency with the rights and obligations in the TRIPS Agreement or with Chapter 13 (Intellectual Property). 3. The Parties understand that this Article does not apply to subsidies or grants provided by a Party including government-supported loans, guarantees and insurance. 4. This Article shall not apply to broadcasting.

ARTICLE 7

Information and Communication Technology Products that Use Cryptography

str. 123. With respect to a product that uses cryptography and is designed for commercial applications, neither Party shall impose or maintain a technical regulation or conformity assessment procedure that requires a manufacturer or supplier of the product, as a condition of the manufacture, sale, distribution, import or use of the product, to:

- (a) transfer or provide access to a particular technology, production process or other information, for example, a private key or other secret parameter, algorithm specification or other design detail, that is proprietary to the manufacturer or supplier and relates to the cryptography in the product, to the Party or a person in the Party's territory;
- (b) partner with a person in its territory; or
- (c) use or integrate a particular cryptographic algorithm or cipher,

other than where the manufacture, sale, distribution, import or use of the product is by or for the government of the Party. 4. Paragraph 3 shall not apply to:
2. (a) requirements that a Party adopts or maintains relating to access to networks that are owned or controlled by the government of that Party, including those of central banks; or
3. (b) measures taken by a Party pursuant to supervisory, investigatory or examination authority relating to financial institutions or markets. 5. For greater certainty, this Article shall not be construed to prevent a Party's law enforcement authorities from requiring service suppliers using encryption they control to provide, in accordance with that Party's legal procedures, unencrypted communications.

ARTICLE 8

Domestic Electronic Transactions Framework

str. 13bill of lading; and

- (b) 'international bodies" means international bodies to which both Parties are participants or members. 2. Each Party shall maintain a legal framework governing electronic transactions consistent with the principles of the UNCITRAL Model Law on Electronic Commerce (1996) or the United Nations Convention on the Use of Electronic Communications in International Contracts , done at New York on November 23, 2005. 3. Each Party shall endeavour to:
- (a) avoid any unnecessary regulatory burden on electronic transactions; and
- (b) facilitate input by interested persons in the development of its legal framework for electronic transactions, including in relation to trade documentation. 4. The Parties recognise the importance of developing mechanisms to facilitate the use of electronic transferrable records. To this end, in developing such mechanisms, the Parties shall endeavour to take into account, as appropriate, relevant model legislative texts developed and adopted by international bodies, such as the UNCITRAL Model Law on Electronic Transferable Records (2017).

ARTICLE 9

Electronic Authentication and Electronic Signatures

str. 131. Except in circumstances otherwise provided for under its law, a Party shall not deny the legal validity of a signature solely on the basis that the signature is in electronic form. 2. Neither Party shall adopt or maintain measures for electronic authentication that would:

- (a) prohibit parties to an electronic transaction from mutually determining the appropriate authentication methods for that transaction; or
- (b) prevent parties to an electronic transaction from having the opportunity to establish before judicial or administrative authorities that their transaction complies with any legal requirements with respect to authentication. 3. Notwithstanding paragraph 2, a Party may require that, for a particular category of transactions, the method of authentication meets certain performance standards or is certified by an authority accredited in accordance with its law.

str. 144. The Parties shall encourage the use of interoperable electronic authentication.

ARTICLE 10

Electronic Invoicing

str. 141. The Parties recognise the importance of electronic invoicing to increase the efficiency, accuracy and reliability of commercial transactions. Each Party also recognises the benefits of ensuring that the systems used for electronic invoicing within its territory are interoperable with the systems used for electronic invoicing in the other Party's territory. 2. Each Party shall ensure that the implementation of measures related to electronic invoicing in its territory supports cross-border interoperability between the Parties' electronic invoicing frameworks. To this end, each Party shall base its measures relating to electronic invoicing on international frameworks, such as Peppol. 3. The Parties recognise the economic importance of promoting the global adoption of interoperable electronic invoicing systems. To this end, the Parties shall share best practices and collaborate on promoting the adoption of interoperable systems for electronic invoicing. 4. The Parties shall collaborate on initiatives which promote, encourage, support or facilitate the adoption of electronic invoicing by enterprises. To this end, the Parties shall endeavour to:

- (a) promote the existence of policies, infrastructure and processes that support electronic invoicing; and
- (b) generate awareness of, and build capacity for, electronic invoicing.

ARTICLE 11

Electronic Payments

str. 141. Recognising the rapid growth of electronic payments, in particular those provided by non-bank, non-financial institution and FinTech enterprises, the Parties shall support the development of efficient, safe and secure cross-border electronic payments by:

- (a) fostering the adoption and use of internationally accepted standards for electronic payments;
- (b) promoting interoperability and the interlinking of electronic payment infrastructures; and

- (c) encouraging innovation and competition in electronic payments services. 2. To this end, each Party shall:
- (a) make regulations on electronic payments, including in relation to regulatory approval, licensing requirements, procedures and technical standards, publicly available;
- (b) endeavour to finalise decisions on regulatory or licensing approvals in a timely manner;
- (c) not arbitrarily or unjustifiably discriminate between financial institutions and non-financial institutions in relation to access to services and infrastructure necessary for the operation of electronic payment systems;
- (d) adopt, for relevant electronic payment systems, international standards for electronic payment messaging, such as the International Organization for Standardization Standard ISO 20022 Universal Financial Industry Message Scheme , for electronic data exchange between financial institutions and services suppliers to enable greater interoperability between electronic payment systems;
- (e) facilitate the use of open platforms and architectures such as tools and protocols provided for through Application Programming Interfaces ('APIs') and encourage payment service providers to safely and securely make APIs for their products and services available to third parties, where possible, to facilitate greater interoperability, innovation and competition in electronic payments; and
- (f) facilitate innovation and competition and the introduction of new financial and electronic payment products and services in a timely manner, such as through adopting regulatory and industry sandboxes. 3. In view of paragraph 1, the Parties recognise the importance of upholding safety, efficiency, trust and security in electronic payment systems through regulations, and that the adoption and enforcement of regulations and policies should be proportionate to the risks undertaken by the payment service providers.

ARTICLE 12

Paperless Trading

str. 151. Each Party shall make publicly available, which may include through a process prescribed by that Party, electronic versions of all of its trade administration documents

in English. 6

str. 162. Each Party shall accept completed electronic versions of its trade administration documents as the legal equivalent of paper documents except where:
2. (a) there is a domestic or international legal requirement to the contrary; or
3. (b) doing so would reduce the effectiveness of the trade administration process. 3. Each Party shall endeavour to establish or maintain a single window enabling traders to submit trade administration documents and data requirements for importation, exportation or transit of goods through a single entry point to the participating authorities or agencies. 4. Each Party shall endeavour to establish or maintain a seamless, trusted and secure interface with the other Party's single window to facilitate the exchange of data relating to trade administration documents, which may include:
2. (a) sanitary and phytosanitary certificates;
3. (b) customs declaration data; and
4. (c) any other documents, as jointly determined by the Parties. 7
5. Each Party recognises the importance of facilitating the exchange of electronic records used in commercial trading activities between enterprises within its territory. 6. The Parties shall endeavour to develop data exchange systems to support the exchange of:

- (a) data relating to the trade administration documents referred to in paragraph 4 between the competent authorities of each Party; and
- (b) electronic records used in commercial trading activities between enterprises within each Party's respective territory. 7. The Parties shall cooperate and collaborate on new initiatives which promote, encourage, support and facilitate the use and adoption of the data exchange systems referred to in paragraph 6, including through:

- (a) the sharing of information and experiences, including the exchange of best

6 For greater certainty, 'electronic version of trade administration documents' means trade administration documents provided in a machine-readable format. 7 The Parties shall provide public access to the list of trade administration documents referred to in this paragraph and make this information available online.

str. 17- practices, in the area of development and governance of data exchange systems; and
- (b) collaboration on pilot projects that relate to the development and governance of data exchange systems. 8. The Parties recognise that the data exchange systems referred to in paragraph 6 should, as far as possible, be compatible and interoperable with each other. To this end, the Parties shall endeavour to work towards the development and adoption of internationally-recognised standards in the development and governance of the data exchange systems. 9. The Parties shall cooperate bilaterally and in international fora, where appropriate, to promote acceptance of electronic versions of trade administration documents and electronic records used in commercial trading activities between enterprises. 10. In developing initiatives that provide for the use of paperless trading, each Party shall endeavour to take into account the methods agreed by international organisations.

ARTICLE 13

Express Shipments

str. 171. The Parties recognise that electronic commerce plays an important role in increasing trade. To facilitate air express shipments, each Party shall ensure its customs procedures are applied in a manner that is predictable, consistent and transparent. 2. Each Party shall adopt or maintain expedited customs procedures for air express shipments while maintaining appropriate customs control and selection. Each Party shall ensure its customs procedures:

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

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

str. 18within six hours of submission of the necessary customs documents, provided the shipment has arrived; and

- (e) apply to shipments of any weight or value, recognising that a Party may require formal entry procedures as a condition for release, including a declaration and supporting documentation and payment of customs duties, based on the good's weight or value. 3. If a Party does not provide the treatment in paragraphs 2(a) through (e) to all shipments, that Party shall provide a separate 9 and expedited customs procedure that provides such treatment for express shipments. 4. Each Party shall provide for a de minimis shipment value or dutiable amount for which customs duties will not be collected, aside from restricted or controlled goods, such as goods subject to import licensing or similar requirements. 10 Each Party shall review the amount periodically taking into account factors that it may consider relevant, such as rates of inflation, effect on trade facilitation, impact on risk management, administrative cost of collecting duties compared to the amount of duties, cost of cross-border trade transactions, impact on small and medium-sized enterprises ('SMEs') or other factors related to the collection of customs duties.

ARTICLE 14

Transparency

str. 181. The Parties recognise that transparent measures are important for building trust in the digital economy, creating a conducive environment for digital trade and facilitating trade. 2. Each Party shall promptly publish, or otherwise promptly make publicly available where publication is not practicable, its laws, regulations, procedures and administrative rulings of general application with respect to any matter covered by this Chapter. 3. Each Party shall respond promptly to any request by the other Party for specific information on any of its actual or proposed laws or regulations referred to in paragraph 2. 4. To the extent possible, each Party shall:

- (a) publish in advance any measure referred to in paragraph 2 that it proposes to adopt; and

9 For greater certainty, 'separate' does not mean a specific facility or lane. 10 Notwithstanding this Article, a Party may assess customs duties, or may require formal entry documents, for restricted or controlled goods such as goods subject to import licensing or similar requirements.

str. 19- (b) provide interested persons and the other Party with a reasonable opportunity to comment on such proposed measures. 5. Where this Chapter requires a Party to publish information, each Party shall ensure that such information is published on the Internet.

ARTICLE 15

Online Consumer Protection

Cooperation on Competition Policy

str. 201. Recognising that the Parties can benefit by sharing their experiences in enforcing competition law and in developing and implementing competition policies to address the challenges that arise from the digital economy, the Parties shall consider undertaking agreed technical cooperation activities, subject to available resources, including:

- (a) exchanging information and experiences on the development of competition policies for digital markets;
- (b) sharing best practices on the enforcement of competition law and the promotion of competition in digital markets;
- (c) providing advice or training, including through the exchange of officials, to assist a Party to build necessary capacities to strengthen competition policy development and competition law enforcement in digital markets; or
- (d) any other form of technical cooperation agreed by the Parties. 2. Subject to each Party's available resources, the Parties shall endeavour to cooperate, where practicable and in accordance with their respective laws and regulations, on issues of competition law enforcement in digital markets, including through notification, consultation and the exchange of information.

ARTICLE 17

Personal Information Protection

str. 201. The Parties recognise the economic and social benefits of protecting the personal information of persons who conduct or engage in electronic transactions and the contribution that this makes to enhancing consumer confidence in electronic commerce. 2. To this end, each Party shall adopt or maintain a legal framework that provides for the protection of the personal information of persons who conduct or engage in electronic transactions. In the development of its legal framework for the protection of personal information, each Party shall take into account the principles and guidelines of relevant international bodies, such as the APEC Cross-Border Privacy Rules ('CBPR') System and the OECD Guidelines Governing the Protection of Privacy and Trans-border Flows of Personal Data . 11

11 For greater certainty, a Party may comply with the obligation in this paragraph by adopting or maintaining measures such as comprehensive privacy, personal information or personal data protection laws, sectorspecific laws covering data protection or privacy, or laws that provide for the enforcement of voluntary undertakings by enterprises relating to data protection or privacy.

str. 213. To this end, the key principles each Party shall take into account when developing its legal framework include limitation on collection, data quality, purpose specification, use limitation, security safeguards, transparency, individual participation and accountability. 4. Each Party shall adopt non-discriminatory practices in protecting persons who conduct or engage in electronic transactions from personal information protection violations occurring within its jurisdiction. 5. Each Party shall publish information on the personal information protections it provides to persons who conduct or engage in electronic transactions, including how:

- (a) a natural person can pursue remedies; and
- (b) business can comply with any legal requirements. 6. Each Party shall encourage enterprises in its territory to publish, including on the Internet, their policies and procedures related to protection of personal information. 7. Recognising that the Parties may take different legal approaches to protecting personal information, each Party shall encourage the development of mechanisms to promote compatibility between these different regimes. These mechanisms may include the recognition of regulatory outcomes, whether accorded autonomously or by mutual arrangement, or broader international frameworks. To this end, the Parties shall endeavour to exchange information and share experiences on any such mechanisms applied in their jurisdictions and explore ways to promote compatibility between them. 8. The Parties recognise that the CBPR System is a valid mechanism to facilitate cross-border information transfers while protecting personal information. 12

9. The Parties shall endeavour to jointly promote the CBPR System, with the aim to improving awareness of, and participation in, the CBPR System, including by industry.

ARTICLE 18

Creating a Safe Online Environment

str. 211. The Parties shall create and promote a safe online environment where users are protected from harmful content, including terrorist and violent extremist content, and where businesses, innovation and creativity can thrive. 12 The Parties acknowledge that the CBPR System does not displace or change a Party's laws and regulations concerning the protection of personal information.

str. 222. The Parties recognise that online safety is a significant challenge but it is a shared responsibility between governments, technology service providers and users. The Parties further recognise that a safe, secure online environment supports the digital economy. 3. The Parties also recognise that industry has a responsibility to adopt or maintain preventative measures to protect natural persons, especially children and vulnerable members of the community, from harmful online experiences. 4. The Parties shall work together and within international fora to create a safe online environment, in accordance with their respective laws and regulations. 5. In working together to create a safe online environment, the Parties shall endeavour to maintain an open, free and secure Internet in accordance with their respective laws and regulations.

ARTICLE 19

Unsolicited Commercial Electronic Messages

str. 221. Each Party shall adopt or maintain measures regarding unsolicited commercial electronic messages sent to an electronic mail address that:

- (a) require a supplier of unsolicited commercial electronic messages to facilitate the ability of a recipient to prevent ongoing reception of those messages; or
- (b) require the consent, as specified in the laws and regulations of each Party, of recipients to receive commercial electronic messages. 2. Each Party shall endeavour to adopt or maintain measures that enable consumers to reduce or prevent unsolicited commercial electronic messages sent other than to an electronic mail address, or otherwise provide for the minimisation of these messages. 3. Each Party shall provide recourse against a supplier of unsolicited commercial electronic messages that does not comply with a measure adopted or maintained in accordance with paragraphs 1 or 2. 4. The Parties shall endeavour to cooperate in appropriate cases of mutual concern regarding the regulation of unsolicited commercial electronic messages.

Principles on Access to and Use of the Internet for Electronic Commerce

str. 23Subject to their respective applicable policies, laws and regulations, the Parties recognise the benefits of consumers in their territories having the ability to:

- (a) access and use services and applications of a consumer's choice available on the Internet, subject to reasonable network management; 13
- (b) connect the end-user devices of a consumer's choice to the Internet, provided that such devices do not harm the network; and
- (c) access information on the network management practices of a consumer's Internet access service supplier.

ARTICLE 21

Internet Interconnection Charge Sharing

str. 23Each Party recognises that a supplier seeking international Internet connection should be able to negotiate with suppliers of the other Party on a commercial basis. These negotiations may include negotiations regarding compensation for the establishment, operation and maintenance of facilities of the respective suppliers.

ARTICLE 22

Submarine Telecommunications Cable Systems

str. 231. The Parties recognise the importance of submarine telecommunications cable systems, and the expeditious and efficient installation, maintenance and repair of these systems, to national, regional and global telecommunications connectivity. Each Party shall endeavour to ensure that, to the extent possible, a person of the other Party who operates, owns or controls submarine telecommunications cable systems has flexibility to choose suppliers of installation, maintenance or repair services, including from either Party or a non-Party. 2. Each Party shall ensure that, where it requires a permit for a vessel registered in the territory of the other Party or a non-Party to undertake installation, maintenance or repairs of submarine telecommunications cable systems that are operated, owned or controlled by a person of the other Party:

13 The Parties recognise that an Internet access service supplier that offers its subscribers certain content on an exclusive basis would not be acting contrary to this principle.

str. 24- (a) the activities for which any such permit is required are publicly available;
- (b) the requirements and procedures for applying for any such permit, and for renewal of a permit, including any relevant application documents, are publicly available;
- (c) the criteria for assessing an application for any such permit are made available upon reasonable prior request in writing;
- (d) the procedures for applying for any such permit and, if granted, the permit and the procedures for renewal of a permit are administered in a reasonable, objective and impartial manner;
- (e) within a reasonable period of time after the submission of an application for any such permit and for renewal of a permit that is considered complete under its laws and regulations, it informs the applicant of the decision concerning the application;
- (f) any such permit, if granted, is of a sufficient duration to undertake the required installation, maintenance or repairs of submarine telecommunications cable systems; and
- (g) any fee charged by any of its relevant bodies to obtain, maintain or renew any such permit is reasonable, transparent, and is limited in amount to the approximate cost of services rendered by that body in respect of any such fee. 3. If a Party ('the first Party') considers that a measure of the other Party creates a material impediment to the ability of a person of the first Party to expeditiously and efficiently install, maintain, repair or protect submarine telecommunications cable systems, it may request consultations with the other Party with regard to that measure. The Parties shall enter into consultations with a view to exchanging information on the operation of the measure and to considering whether further steps are necessary and appropriate. 4.

str. 25Each Party shall endeavour to mitigate the risk of damage to submarine telecommunications cable systems that are operated, owned or controlled by a person of the other Party, which may include, as appropriate:

- (a) the use of geospatial alert systems;
- (b) making information available on the location of submarine telecommunications cable systems to inform mapping and charting;
- (c) public demarcation of areas within which submarine telecommunications cable systems are present and where activities are banned within that area

to protect submarine telecommunications cable systems; or - (d) activities to promote awareness of submarine telecommunications cable systems.

ARTICLE 23

Cross-Border Transfer of Information by Electronic Means

str. 251. The Parties recognise that each Party may have its own regulatory requirements concerning the transfer of information by electronic means. 2. Neither Party shall prohibit or restrict the cross-border transfer of information by electronic means, including personal information, if this activity is for the conduct of business of a covered person. 3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure:

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

ARTICLE 24

Location of Computing Facilities

str. 251. The Parties recognise that each Party may have its own regulatory requirements regarding the use of computing facilities, including requirements that seek to ensure the security and confidentiality of communications. 2. Neither Party shall require a covered person to use or locate computing facilities in that Party's territory as a condition for conducting business in that territory. 3.

str. 26Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure:

- (a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and - (b) does not impose restrictions on the use or location of computing facilities greater than are required to achieve the objective. 4. This Article shall not apply with respect to a 'financial institution' or a 'financial service supplier of a Party', as defined in Article 1(e) and (h) (Definitions) respectively of Chapter 9 (Financial Services).

ARTICLE 25

Location of Computing Facilities for Financial Services

ARTICLE 26

Data Innovation

str. 261. The Parties recognise that digitalisation and the use of data in the digital economy promote economic growth. To support the cross-border transfer of information by electronic means and promote data-driven innovation in the digital economy, the Parties further recognise the need to create an environment that enables and supports, and is conducive to, experimentation and innovation, including through the use of regulatory

sandboxes where applicable.

str. 272. The Parties shall endeavour to support data innovation through:
2. (a) collaborating on data-sharing projects, including projects involving researchers, academics and industry, using regulatory sandboxes as required to demonstrate the benefits of the cross-border transfer of information by electronic means;
3. (b) cooperating on the development of policies and standards for data portability; and
4. (c) sharing research and industry practices related to data innovation.

ARTICLE 27

Open Government Data

Source Code

str. 281. Neither Party shall require the transfer of, or access to, source code of software owned by a person of the other Party, as a condition for the import, distribution, sale or use of such software, or of products containing such software, in its territory. 2. This Article does not preclude a government agency, regulatory body or judicial authority ('Relevant Body') of a Party from requiring a person of the other Party to preserve or make available the source code of software to the Relevant Body for an investigation, inspection, examination, enforcement action, or judicial or administrative proceeding, 14 subject to safeguards against unauthorised disclosure. 3. Nothing in this Article shall preclude:
2. (a) the inclusion or implementation of terms and conditions related to the provision of source code in commercially negotiated contracts; or
3. (b) a Party from requiring the modification of source code of software necessary for that software to comply with laws or regulations which are not inconsistent with this Agreement. 3. For greater certainty, nothing in paragraph 1 shall prevent a person of a Party from licencing its software on a free and open source basis. 4. If both Parties undertake obligations 15 under:
2. (a) an international agreement that enters into force after the date of entry into force of this Agreement; or
3. (b) an amendment to any existing international agreement, 16

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

14 Such disclosure shall not be construed to negatively affect the software source code's status as a trade secret, if such status is claimed by the trade secret owner. 15 For greater certainty, a Party will 'undertake' an obligation for the purposes of this paragraph regardless of any limitations or exceptions that may apply to those obligations under the relevant international agreement. 16 For greater certainty, both Parties will 'undertake obligations' where each Party has undertaken obligations under separate international agreements or the same international agreement. respective territories, this Article 17 shall apply, mutatis mutandis , to algorithms expressed in source code of software owned by a person of the other Party.

str. 296. If a Party undertakes the obligation referred to in paragraph 5, it shall notify the other Party within 120 days of the date that the relevant international agreement or amendment enters into force. For greater certainty, paragraph 5 shall apply regardless of whether a Party has provided such notification.

ARTICLE 29

Digital Identities

str. 291. Recognising that cooperation between the Parties on digital identities will increase regional and global connectivity, and recognising that each Party may take different legal and technical approaches to digital identities, the Parties shall pursue the development of mechanisms to promote compatibility between their respective digital identity regimes. 2. To this end, the Parties shall endeavour to facilitate initiatives to promote such compatibility, which may include:

- (a) developing appropriate frameworks and common standards to foster technical interoperability between each Party's implementation of digital identities;
- (b) developing comparable protection of digital identities under each Party's respective legal frameworks, or the recognition of their legal effects, whether accorded autonomously or by agreement;
- (c) supporting the development of international frameworks on digital identity regimes;
- (d) implementing use cases for the mutual recognition of digital identities; and
- (e) exchanging knowledge and expertise on best practices relating to digital identity policies and regulations, technical implementation and security standards, and the promotion of the use of digital identities. 17 For greater certainty, this includes any limitations and exceptions in this Article and is subject to any limitations and exceptions that apply to this Article.

ARTICLE 30

Standards and Conformity Assessment for Digital Trade

str. 301. The Parties recognise the role of standards in reducing barriers to trade and fostering a well-functioning digital economy, including their potential to decrease compliance costs and increase consistency, interoperability, reliability and efficiency. 2. Each Party shall, where appropriate, actively participate in the work of relevant regional and international bodies relating to the development and adoption of standards that support digital trade. 3. To the extent possible, and where agreed, the Parties shall endeavour to:

- (a) share experiences of developing or adopting standards that support digital trade, including technology standards;
- (b) exchange views on potential future areas to develop or adopt standards that support digital trade, including technology standards; and
- (c) identify, develop and test, with industry participants as appropriate, crossborder projects that demonstrate standards that support digital trade, including technology standards. 4. Where agreed, the Parties shall cooperate on initiatives, including research projects, to develop a greater understanding, between the Parties and industry, of standards that support digital trade and their benefits and applications. 18

5. The Parties recognise that mechanisms which facilitate the cross-border recognition of conformity assessment results can support digital trade. Such mechanisms include:

- (a) voluntary arrangements between relevant conformity assessment bodies; and
- (b) the use of regional or international recognition agreements or arrangements that the Parties are party to, or are represented at. 6. To this end, the Parties shall endeavour to exchange information to facilitate the acceptance of conformity assessment results with a view to supporting digital trade. 18 For greater certainty, the financial arrangements that may be required for initiatives under this Article will be decided upon by the Parties on a case-by-case basis. 1. The Parties shall:
2. (a) encourage collaboration on FinTech and RegTech through their respective policy and trade promotion agencies and regulators;
3. (b) promote closer and stronger collaboration between their respective FinTech and RegTech enterprises and industry bodies;

Artificial Intelligence

str. 311. The Parties recognise that the use and adoption of Artificial Intelligence ('AI') technologies are becoming increasingly important within a digital economy offering significant social and economic benefits to natural persons and enterprises. The Parties shall cooperate, in accordance with their respective relevant policies, through:

- (a) sharing research and industry practices related to AI technologies and their governance;
- (b) promoting and sustaining the responsible use and adoption of AI technologies by businesses and across the community; and
- (c) encouraging commercialisation opportunities and collaboration between researchers, academics and industry. 2. The Parties also recognise the importance of developing ethical governance frameworks for the trusted, safe and responsible use of AI technologies that will help realise the benefits of AI. In view of the cross-border nature of the digital economy, the Parties further acknowledge the benefits of ensuring that such frameworks are internationally aligned as far as possible. 3. To this end, the Parties shall endeavour to:
2. (a) collaborate on and promote the development and adoption of frameworks that support the trusted, safe, and responsible use of AI technologies ('AI Governance Frameworks'), through relevant regional and international fora; and
3. (b) take into consideration internationally-recognised principles or guidelines when developing such AI Governance Frameworks.

ARTICLE 32

FinTech and RegTech Cooperation - (c) encourage their respective FinTech and RegTech enterprises to use facilities and assistance, where available, in the other Party's territory to explore new business opportunities, including through the use of streamlined licencing processes where applicable and access to regulatory sandboxes;

str. 32- (d) cooperate in relevant regional and international fora to improve opportunities for Australian and Singaporean FinTech and RegTech enterprises; and
- (e) cooperate on the development of standards for open banking.

ARTICLE 33

Cooperation

str. 33The Parties shall endeavour to:

- (a) exchange information and share experiences on regulations, policies, and enforcement and compliance mechanisms regarding the digital economy, including in relation to:
- (i) personal information protection;
- (ii) online consumer protection, including means for consumer redress and building consumer confidence;
- (iii) unsolicited commercial electronic messages;
- (iv) security in electronic communications;
- (v) electronic authentication; and
- (vi) digital government;
- (b) exchange information and share views on consumer access to products and services offered online between the Parties;
- (c) exchange information on the development, reform, implementation and effectiveness of copyright legal frameworks relevant to the online environment, including on surveys related to online infringement and on enforcement mechanisms;
- (d) exchange financial intelligence and share capabilities to support regional efforts to counter terrorism financing, money laundering and other transnational organised crime; - (e) participate actively in regional and multilateral fora to promote the development of the digital economy; and
- (f) encourage development by industry of methods of self-regulation that foster the digital economy, including codes of conduct, model contracts, guidelines and enforcement mechanisms.

ARTICLE 34

Cybersecurity

str. 331. The Parties have a shared vision to promote secure digital trade to achieve global prosperity and recognise that cybersecurity underpins the digital economy. 2. The Parties recognise the importance of:
2. (a) building the capabilities of their government agencies responsible for computer security incident response;
3. (b) using existing collaboration mechanisms to cooperate to identify and mitigate malicious intrusions or dissemination of malicious code that affect the electronic networks of the Parties; and
4. (c) workforce development in the area of cybersecurity, including possible initiatives relating to mutual recognition of qualifications, diversity and equality.

ARTICLE 35

Stakeholder Engagement

str. 331. The Parties shall seek opportunities to convene a Digital Economy Dialogue (the 'Dialogue') at times agreeable to the Parties, to promote the benefits of the digital economy. The Parties shall promote relevant collaboration efforts and initiatives between the Parties through the Dialogue. 2. Where appropriate, and as may be agreed by the Parties, the Dialogue may include participation from other interested stakeholders, such as researchers, academics, industry and other stakeholders. The Parties may collaborate with such stakeholders in convening the Dialogue. 3. To encourage inclusive participation by the Parties' stakeholders and increase the impact of outreach, the Parties may consider organising the Dialogue in connection with, or as a part of, existing bilateral initiatives.

str. 344. The Parties may consider relevant technical or scientific input, or other information arising from the Dialogue, for the purposes of implementation efforts and further modernisation of this Chapter.

ARTICLE 36

Small and Medium Enterprises

str. 341. The Parties recognise the fundamental role of SMEs in maintaining dynamism and enhancing competitiveness in the digital economy. 2. With a view towards enhancing trade and investment opportunities for SMEs in the digital economy, the Parties shall endeavour to:

- (a) exchange information and best practices in leveraging digital tools and technology to improve:
- (i) the capabilities and market reach of SMEs; and
- (ii) participation by SMEs in government procurement opportunities;
- (b) cooperate in other areas that could help SMEs adapt and thrive in the digital economy;
- (c) encourage participation by SMEs in online platforms and other mechanisms that could help SMEs link with international suppliers, buyers and other potential business partners; and
- (d) foster close cooperation on the digital economy between SMEs of the Parties.

ARTICLE 37

Capacity Building

str. 35The Parties shall endeavour to cooperate on capacity building in the region on issues including:

- (a) digital connectivity;
- (b) SME digital transformation;
- (c) data protection regimes; and (d) mechanisms to facilitate the cross-border transfer of information.

ARTICLE 38

Review

str. 35In any review of this Agreement, conducted in accordance with Article 7 (Review) of Chapter 17 (Final Provisions), the Parties shall consider discussing appropriate amendments to this Chapter, including in light of any treatment that either Party considers a Party is obliged to accord to persons of a non-Party, under an international agreement that enters into force after the date of entry into force of this Chapter 14 (Digital Economy), that is more favourable than the treatment that the Party is obliged to accord to persons of the other Party, in like circumstances, under this Chapter.

ANNEX B

PREAMBLE

str. 37Australia and Singapore ('the Parties'):

Conscious of their longstanding friendship and growing trade and investment relationship;

Desiring to improve the efficiency and competitiveness of their goods and services sectors and expand trade and investment between them;

Recognising that strengthening of their closer economic partnership will bring economic and social benefits and improve the living standards of their people;

Building on their rights, obligations and undertakings under the World Trade Organization, and other multilateral, regional and bilateral agreements and arrangements;

Recognising their commitment to securing trade liberalisation and an outward looking approach to trade and investment;

Mindful of the Asia-Pacific Economic Cooperation goals of free and open trade and investment;

Conscious that a framework of rules for trade in goods and services, and investment will contribute to the promotion of closer links with other economies, especially in the Asia-Pacific region;

Recognising the need for good corporate governance and a predictable, transparent and consistent business environment to enable businesses to conduct transactions freely, use resources efficiently and take investment and planning decisions with certainty;

Believing that their cooperative framework should be a dynamic one that also covers newer areas of economic cooperation, including the digital economy; and

Recognising their inherent right to regulate and resolving to preserve their flexibility to set legislative and regulatory priorities, safeguard public welfare and protect legitimate public welfare objectives, such as public health, safety, the environment, privacy, the conservation of living or non- living exhaustible natural resources, the integrity and stability of the financial system and public morals;

Have agreed as follows:

2. Article 11.2 (Exceptions) of Chapter 9 (Financial Services) of the SingaporeAustralia Free Trade Agreement shall be replaced by a new paragraph 2 as follows:

2. Nothing in this Chapter, Chapters 7 (Cross-Border Trade in Services), 8 (Investment), 10 (Telecommunications Services), or 14 (Digital Economy) shall apply to non-discriminatory measures of general application taken by any public entity in pursuit of monetary and related credit policies or exchange rate policies. This paragraph shall not affect a Party's obligations under Article 7 (Prohibition of Performance Requirements) of Chapter 8 (Investment) with respect to measures covered by Chapter 8 (Investment), under Article 15 (Transfers) of Chapter 8 (Investment) or Article 14 (Payments and Transfers) of Chapter 7 (Cross-Border Trade in Services). 3. Article 21 (Dispute Settlement) of Chapter 9 (Financial Services) of the Singapore-Australia Free Trade Agreement shall be replaced by a new Article 21 as follows:

ARTICLE 21

Dispute Settlement

str. 371. Chapter 16 (Dispute Settlement) shall apply as modified by this Article to the settlement of disputes arising:

- (a) under this Chapter; or
- (b) in relation to Article 23 (Cross-Border Transfer of Information by Electronic Means) or Article 25 (Location of Computing Facilities for Financial Services) of Chapter 14 (Digital Economy), to the extent that the dispute relates to financial services. 2. If a Party claims that a dispute referred to in paragraph 1 arises, Article 5 (Composition of Arbitral Tribunals) of Chapter 16 (Dispute Settlement) shall apply, except that:

- (a) if the Parties agree, each arbitrator shall meet the qualifications in paragraph 3; and

- (b) in any other case:
- (i) each disputing Party shall select arbitrators that meet the qualifications set out in either paragraph 3 or Article 5.5 (Composition of Arbitral Tribunals) of Chapter 16 (Dispute Settlement); and
- (ii) if the responding Party indicates an intention to invoke or invokes Article 11 (Exceptions) prior to a Party's request for the establishment of a Chapter 16 arbitral tribunal, the chair of the Chapter 16 arbitral tribunal shall meet the qualifications set out in paragraph 3, unless the disputing Parties otherwise agree. 3. In addition to the requirements set out in Article 5.5 (Composition of Arbitral Tribunals) of Chapter 16 (Dispute Settlement), arbitrators in disputes arising under this Chapter or Article 23 (Cross-Border Transfer of Information by Electronic Means), or Article 25 (Location of Computing Facilities for Financial Services) of Chapter 14 (Digital Economy), to the extent that those provisions relate to financial services, shall have expertise or experience in financial services law or practice, which may include the regulation of financial institutions. 4. Pursuant to Article 22.2(c) (Investment Disputes in Financial Services), a Party may request the establishment of a Chapter 16 arbitral tribunal to consider whether and to what extent Article 11 (Exceptions) is a valid defence to a claim without having to request consultations under Article 2 (Consultations) of Chapter 16 (Dispute Settlement). 5. If a Party seeks to suspend benefits in the financial services sector, a Chapter 16 arbitral tribunal that reconvenes to make a determination on the proposed suspension of benefits, in accordance with Article 10 (Compensation and Suspension of Benefits) of Chapter 16 (Dispute Settlement), shall seek the views of financial services experts, as necessary. 4. Footnote 12 of Annex 9-A (Cross-Border Trade) of Chapter 9 (Financial Services) of the Singapore-Australia Free Trade Agreement shall be replaced by a new footnote 12 as follows:

For greater certainty, if the financial information or financial data processing referred to in subparagraph (a) and subparagraph (b) pertain to outsourcing arrangements or involves personal data, the outsourcing

arrangements and treatment of personal data shall be in accordance with the Monetary Authority of Singapore's regulatory requirements and guidelines on outsourcing and Singapore's law regulating the protection of such data, respectively. These regulatory requirements and guidelines shall not derogate from the commitments undertaken by Singapore in paragraph 2 and Article 23 (Cross-Border Transfer of Information by Electronic Means) of Chapter 14 (Digital Economy).

str. 395. Section B (Transfer of Information) of Annex 9-B (Specific Commitments) of Chapter 9 (Financial Services) of the Singapore-Australia Free Trade Agreement shall be deleted. 6. The titles of the following Sections of Annex 9-B (Specific Commitments) of Chapter 9 (Financial Services) of the Singapore-Australia Free Trade Agreement shall be amended as follows:
2. (a) 'Section C: Supply of Insurance by Postal Insurance Entities' in Annex 9B (Specific Commitments) of Chapter 9 (Financial Services) of the Singapore-Australia Free Trade Agreement shall be amended to read 'Section B: Supply of Insurance by Postal Insurance Entities';
3. (b) 'Section D: Electronic Payment Card Services' in Annex 9-B (Specific Commitments) of Chapter 9 (Financial Services) of the Singapore-Australia Free Trade Agreement shall be amended to read 'Section C: Electronic Payment Card Services'; and
4. (c) 'Section E: Transparency Considerations' in Annex 9-B (Specific Commitments) of Chapter 9 (Financial Services) of the Singapore-Australia Free Trade Agreement shall be amended to read 'Section D: Transparency Considerations'.