Free Trade Agreement between the Republic of Singapore and the Republic of Turkey

Preamble

str. 1The Republic of Singapore and the Republic of Turkey (hereinafter referred to individually as

'Singapore' or 'Turkey', respectively, and collectively as 'the Parties');

RECOGNISING their longstanding and strong partnership and their important economic, trade and investment relationship;

DESIRING to further strengthen their economic relationship as part of and in a manner coherent with their overall relations, and convinced that this Agreement will create a new climate for the development of trade and investment between the Parties;

DESIRING to raise living standards, promote economic growth and stability, create new employment opportunities and improve the general welfare and, to this end, reaffirming their commitment to promoting trade and investment liberalisation;

CONVINCED that this Agreement will create an expanded and secure market for goods and services and a stable and predictable environment for investment, thus enhancing the competitiveness of their firms in global markets;

RECOGNISING the need to promote and protect bilateral investments, which will be made with the aim of establishing lasting economic relations, contributing to economic development, and fostering the flow of capital and technology between the Parties, and to increase their economic prosperity,

RECOGNISING the importance of transparency in international trade to the benefit of all stakeholders;

str. 2SEEKING to establish clear and mutually advantageous rules governing their trade and investment and to reduce or eliminate the barriers to mutual trade and investment;

RESOLVED to contribute to the harmonious development and expansion of international trade by removing obstacles to trade through this Agreement and to avoid creating new barriers to trade or investment between the Parties that could reduce the benefits of this Agreement;

BUILDING on their respective rights and obligations under the WTO Agreement and other multilateral, regional and bilateral agreements and arrangements to which they are party,

HAVE AGREED as follows:

CHAPTER 1 OBJECTIVES AND GENERAL DEFINITIONS

Article 1.1 Establishment of a Free Trade Area

str. 2The Parties to this Agreement hereby establish a free trade area, consistent with Article XXIV of GATT 1994 and Article V of GATS.

Article 1.2 Objectives

str. 2The objectives of this Agreement are to liberalise and facilitate trade and investment between the Parties in accordance with the provisions of this Agreement.

Article 1.3 Definitions of General Application

str. 6CHAPTER 2 NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS SECTION 2-A COMMON PROVISIONS

Article 2.1 Objective

str. 6The Parties shall progressively and reciprocally liberalise trade in goods over a transitional period starting from the entry into force of this Agreement in accordance with this Agreement and in conformity with Article XXIV of the GATT 1994.

Article 2.2 Scope

str. 6This Chapter shall apply to trade in goods between the Parties.

Article 2.3 National Treatment

str. 6Each Party shall accord national treatment to the goods of the other Party in accordance with Article III of the GATT 1994, including its Notes and Supplementary Provisions. To this end, the obligations contained in Article III of the GATT 1994, including its Notes and Supplementary Provisions, are incorporated into and made part of this Agreement, mutatis mutandis .

Article 2.4 Customs Duty

str. 61. For the purposes of this Chapter, a customs duty includes any duty or charge of any kind imposed on or in connection with the importation or exportation of a good, including any form of surtax or surcharge imposed on or in connection with such importation or exportation. 2. A 'customs duty' does not include any:
3. (a) charge equivalent to an internal tax imposed consistently with Article 2.3 (National Treatment);
4. (b) duty imposed consistently with Chapter 3 (Trade Remedies);
5. (c) duties applied consistently with Article 5 of the Agreement on Agriculture and the DSU;
6. (d) fee or other charge imposed consistently with Article 2.10 (Fees and Formalities Connected with Importation and Exportation).

Article 2.5 Classification of Goods

str. 6The classification of goods in trade between the Parties shall be governed by each Party's respective tariff nomenclature in conformity with the HS and its amendments. SECTION 2-B REDUCTION AND/OR ELIMINATION OF CUSTOMS DUTIES

Article 2.6 Reduction and/or Elimination of Customs Duties on Imports

str. 71. Each Party shall reduce and/or eliminate its customs duties on imported goods originating in the other Party in accordance with the Schedules set out in Annex 2-A (Elimination of Customs Duties). 2. The base rate of customs duties on imports, to which the successive reductions are to be applied under paragraph 1, shall be that specified in the Schedules in Annex 2-A (Elimination of Customs Duties). 3. If at any moment a Party reduces its applied most favoured nation (hereinafter referred to as 'MFN') customs duty rates on imports after the date of entry into force of this Agreement, that duty rate shall apply if and for as long as it is lower than the customs duty rate on imports calculated in accordance with its Schedule in Annex 2-A (Elimination of Customs Duties). 4. Three years after the entry into force of this Agreement, on the request of either Party, the Parties shall consult to consider accelerating and broadening the scope of the reduction and elimination of customs duties on imports. A decision by the Parties in the Joint Committee on such acceleration or broadening shall supersede any duty rate or staging category determined pursuant to their Schedules for that good.

Article 2.7 Elimination of Customs Duties and Taxes on Exports

str. 7Neither Party shall maintain or institute any customs duty or tax on or in connection with the exportation or sale for export of goods to the other Party, or any internal taxes on goods exported to the other Party that are in excess of those imposed on like goods destined for internal sale.

Article 2.8 Standstill

str. 7Except as provided in Annex 2-A (Elimination of Customs Duties), upon the entry into force of the Agreement, neither Party shall increase any existing customs duty or introduce any new customs duty, on the importation of a good originating in the other Party. This shall not preclude either Party from raising a customs duty to the level established in its Schedule in Annex 2-A (Elimination of Customs Duties) following a unilateral reduction of its applied MFN customs duty rates on imports.

Article 2.9 Import and Export Restrictions

str. 81. Neither Party shall adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, in accordance with Article XI of the
2. GATT 1994, including its Notes and Supplementary Provisions. To this end Article XI of the GATT 1994, its Notes and Supplementary Provisions are incorporated into and made part of this Agreement, mutatis mutandis. 2. The Parties understand that before taking any measures provided for in subparagraph 2(a) of Article XI of the GATT 1994, the Party intending to take the measures shall supply the other Party with all relevant information, with a view to seeking a solution acceptable to the Parties. The Parties may agree on any means needed to put an end to the difficulties. If no agreement is reached within 30 days of supplying such information, the exporting Party may apply measures under this Article on the exportation of the good concerned. Where exceptional and critical circumstances requiring immediate action make prior information or examination impossible, the Party intending to take the measures may apply forthwith the precautionary measures necessary to deal with the situation and shall inform the other Party immediately thereof.

Article 2.10 Fees and Formalities Connected with Importation and Exportation

str. 8Each Party shall ensure, in accordance with Article VIII of the GATT 1994, including its Notes and Supplementary provisions, that all fees and charges of whatever character (other than customs duties, and measures listed in paragraphs (a), (b) and (c) of Article 2.4 (Customs Duty) imposed on or in connection with importation or exportation of goods are limited in amount to the approximate cost of services rendered, which shall not be calculated on an ad valorem basis, and shall not represent an indirect protection to domestic goods or a taxation of imports or exports for fiscal purposes.

Article 2.11 Import and Export Licensing Procedures

str. 91. The Parties affirm their existing rights and obligations under the Import Licensing Agreement. 2. The Parties shall introduce and administer any import or export licensing procedures [1] in accordance with:
3. (a) Paragraphs 1 through 9 of Article 1 of the Import Licensing Agreement;
4. (b) Article 2 of the Import Licensing Agreement; and
5. (c) Article 3 of the Import Licensing Agreement. To this end, the provisions referred to in subparagraphs (a), (b) and (c) of this paragraph are incorporated into and made part of this Agreement. The Parties shall apply those provisions, mutatis mutandis , for any export licensing procedures. 3. The Parties shall ensure that all export licensing procedures are neutral in application and administered in a fair, equitable, non-discriminatory and transparent manner. 4. The Parties shall only adopt or maintain licensing procedures as a condition for importation into its territory or exportation from its territory to the other Party when other appropriate procedures to achieve an administrative purpose are not reasonably available. 5. The Parties shall not adopt or maintain non-automatic import or export licensing procedures unless necessary to implement a measure that is consistent with this Agreement. Any Party adopting non-automatic licensing procedures shall indicate clearly the measure being implemented through such licensing procedure. 6. Each Party shall respond within 60 days to a reasonable enquiry from the other Party regarding: (i) any licensing procedures which the Party intends to adopt or has adopted or maintained; or (ii) the criteria for granting and/or allocating import or export licenses.

Article 2.12 Publication

str. 10Each Party shall promptly publish the following information in a non-discriminatory and easily accessible manner, in order to enable interested parties to become acquainted with them:

- (a) importation, exportation and transit procedures (including port, airport, and other entry-point procedures) and required forms and documents; - (b) applied rates of duties, and taxes of any kind imposed on or in connection with importation or exportation;
- (c) rules for the classification or the valuation of products for customs purposes;
- (d) laws, regulations and administrative rulings of general application relating to rules of origin;
- (e) import, export or transit restrictions or prohibitions;
- (f) fees and charges imposed on or in connection with importation, exportation or transit;
- (g) penalty provisions against breaches of import, export or transit formalities;
- (h) appeal procedures;
- (i) agreements or parts thereof with any country or countries relating to importation, exportation or transit; and
- (j) administrative procedures relating to the imposition of tariff quotas.

Article 2.13 State Trading Enterprises

str. 101. The Parties affirm their existing rights and obligations under Article XVII of the GATT 1994, its Notes and Supplementary Provisions and the Understanding on the Interpretation of Article XVII of the GATT 1994 , contained in Annex 1-A to the WTO Agreement, which are hereby incorporated into and made part of this Agreement, mutatis mutandis . 2. The Parties may request information from the other Party bilaterally as foreseen in subparagraphs 4(c) and 4(d) of Article XVII of the GATT 1994. SECTION 2-D SPECIFIC EXCEPTIONS RELATED TO GOODS

Article 2.14 General Exceptions

str. 101. Nothing in this Chapter prevents the taking of measures in accordance with Article XX of GATT 1994, its Notes and Supplementary Provisions,

which are hereby incorporated into and made part of this Agreement, mutatis mutandis . 2. The Parties understand that before taking any measures provided for in paragraphs (i) and (j) of Article XX of GATT 1994, the exporting Party intending to take the measures shall supply the other Party with all relevant information, with a view to seeking a solution acceptable to the Parties. The Parties may agree on any means needed to put an end to the difficulties. If no agreement is reached within thirty days,

the exporting Party may apply measures under this Article on the exportation of the good concerned. Where exceptional and critical circumstances requiring immediate action make prior information or examination impossible, the Party intending to take the measures may apply forthwith the precautionary measures necessary to deal with the situation and shall inform the other Party immediately thereof. Annex 2-A Elimination of Customs Duties

ANNEX 2-A ELIMINATION OF CUSTOMS DUTIES

APPENDIX 2-A-1 TARIFF SCHEDULE OF SINGAPORE

APPENDIX 2-A-2 TARIFF SCHEDULE OF TURKEY 1. The provisions of this Schedule are expressed in terms of the Harmonized Tariff Schedule of Turkey

Certain Asian Food Products

APPENDIX 2-A-4

Import for use in civil aircraft under end use provisions

str. 20For the products described in the below list, 0% customs duty rate shall apply provided that it is imported for use in civil aircraft under end use provisions of customs legislation.

CHAPTER 3 TRADE REMEDIES

SECTION 3-A ANTI-DUMPING AND COUNTERVAILING MEASURES

Article 3.1 General Provisions

str. 201. The Parties affirm their rights and obligations arising under Article VI of the GATT 1994, the Anti-Dumping Agreement and the SCM Agreement and shall apply antidumping and countervailing measures in accordance with the provisions of this Chapter. 2. The Parties, recognising that anti-dumping and countervailing measures can be abused to obstruct trade, agree that:
3. (a) such measures should be used in full compliance with the relevant WTO requirements and should be based on a fair and transparent system; and
4. (b) careful consideration should be given to the interests of the Party against which such a measure is to be imposed. 3. For the purpose of this Section, origin shall be determined in accordance with the non-preferential rules of origin of the Parties.

Article 3.2 Transparency and Information Exchange

str. 201. After receipt by a Party's competent authorities of a properly documented antidumping application with respect to imports from the other Party, and at an early appropriate stage before initiating an investigation, the Party shall provide written notification to the other Party of its receipt of the application. 2. After receipt by a Party's competent authorities of a properly documented countervailing duty application with respect to imports from the other Party, and at an early appropriate stage before initiating an investigation, the Party shall provide written notification to the other Party of its receipt of the application and afford the other Party the possibility to consult with its competent authorities regarding the application with a view to clarifying the factual situation and to arriving at a mutually agreed solution. The Parties shall endeavour to hold these consultations as soon as possible thereafter. 3. Both Parties shall ensure, immediately after any imposition of provisional measures and in any case before final determination is made, full and meaningful disclosure of all essential facts and considerations which form the basis for the decision to apply measures. This is without prejudice to Article 6.5 of the Anti-Dumping Agreement

and Article 12.4 of the SCM Agreement. Any disclosure shall be made in writing, and allow interested parties sufficient time to make their comments. 4. Each interested party shall be granted the possibility to be heard in order to express their views during trade remedies investigations.

Article 3.3 Lesser Duty Rule

str. 21Should a Party decide to impose any anti-dumping or countervailing duty, the amount of such duty shall not exceed the margin of dumping or countervailable subsidies, and it is desirable that the duty be less than the margin if such lesser duty would be adequate to remove the injury to the domestic industry.

Article 3.4 Exclusion from Bilateral Dispute Settlement and Mediation Mechanism

str. 21The provisions of this Section shall not be subject to Chapter 17 (Dispute Settlement) of this Agreement. SECTION 3-B COOPERATION IN PREVENTING CIRCUMVENTION

Article 3.5 Areas of Cooperation

str. 211. The Parties will endeavour, within available resources, to cooperate in preventing circumvention of trade remedies. The areas of cooperation are as follows:
2. (a) forwarding questionnaires and other documents to interested parties;
3. (b) exchanging information relating to investigations; and
4. (c) any other possible areas to be mutually agreed by the Parties. 2. Nothing in this Section shall be construed to require the other Party to furnish or allow access to confidential information pursuant to this Chapter the disclosure of which it considers would:
6. (a) be contrary to the public interest as determined by its laws;
7. (b) be contrary to any of its laws, including but not limited to, to those protecting personal data or financial affairs and accounts of individual customers of financial institution;
8. (c) impede law enforcement; or
9. (d) prejudice legitimate commercial interests, which may include competitive position of particular enterprises, public or private.

str. 223. Where a Party provides information to the other Party in accordance with this Section and designates the information as confidential, the Party receiving the information shall maintain the confidentiality of the information, use it only for the purposes specified by the Party providing the information, and not disclose it without specific written permission of the Party providing the information. 4. Chapter 18 (Institutional, General and Final Provisions) and Chapter 17 (Dispute Settlement) shall not apply to this Section. SECTION 3-C GLOBAL SAFEGUARD MEASURES

Article 3.6 Application of Global Safeguard Measures

str. 221. Each Party retains its rights and obligations under Article XIX of the GATT 1994, the Safeguards Agreement and Article 5 of the Agreement on Agriculture. Unless otherwise provided in this Section, this Agreement does not confer any additional rights or impose any additional obligations on the Parties with regard to measures taken under Article XIX of the GATT 1994 and the Safeguards Agreement. 2. No Party shall apply, with respect to the same good, at the same time:
3. (a) a bilateral safeguard measure; and
4. (b) a measure under Article XIX of the GATT 1994 and the Safeguards Agreement. 3. For the purposes of this Section, origin shall be determined in accordance with the non-preferential rules of origin of the Parties. 4. At the request of the other Party, the Party intending to take safeguard measures shall provide immediately all pertinent information on the initiation of a safeguard investigation, the provisional findings and the final findings of the investigation, and imposition of a safeguard measure. 5. The provisions of this Section shall not be subject to the provisions of Chapter 17 (Dispute Settlement). SECTION 3-D BILATERAL SAFEGUARD CLAUSE

Article 3.7 Definitions

str. 22For the purposes of this Section:

Article 3.8 Application of Bilateral Safeguard Measure

str. 231. If, as a result of the reduction or elimination of a customs duty under this Agreement, originating goods of a Party are being imported into the territory of the other Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to cause or threaten to cause serious injury to a domestic industry producing like or directly competitive goods, the importing Party may, during the transition period only, adopt measures provided for in paragraph 2 in accordance with the conditions and procedures laid down in this Section. 2. The importing Party may take a bilateral safeguard measure which:
3. (a) suspends further reduction of the rate of customs duty on the good concerned provided for under Annex 2-A (Elimination of Customs Duties); or
4. (b) increases the rate of customs duty on the good concerned to a level which does not exceed the lesser of:
5. (i) the MFN applied rate of customs duty on the good in effect at the time the measure is taken; or
6. (ii) the base rate of customs duty specified in the Schedules included in Annex 2-A (Elimination of Customs Duties) pursuant to paragraph 2 of Article 2.6 (Reduction and/or Elimination of Customs Duties on Imports).

Article 3.9 Conditions and Limitations

str. 231. A Party shall notify the other Party in writing of the initiation of an investigation described in paragraph 2 and consult with the other Party as far in advance of applying a bilateral safeguard measure as practicable, with a view to:

- (a) reviewing the information arising from the investigation;
- (b) exchanging views on the measure; and
- (c) exchanging preliminary views on compensation as set out in Article 3.11 (Compensation). 2. A Party shall apply a bilateral safeguard measure only following an investigation by its competent authorities in accordance with Articles 3, 4.2(a) and 4.2(c) of the Safeguards Agreement and to this end, Articles 3, 4.2(a) and 4.2(c) of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis . 3. The determination referred to in Article 3.8 (Application of Bilateral Safeguard Measure) shall not be made unless the investigation demonstrates on the basis of objective evidence the existence of a causal link between increased imports from the other party and serious injury or threat thereof. In this respect, due consideration shall be given to other factors, including imports of the same product from other countries. 4. Each Party shall ensure that its competent authorities complete any such investigation within one year from the dates of its initiation. 5. Neither Party may apply a bilateral safeguard measure as set out in paragraph 1 of Article 3.8 (Application of Bilateral Safeguard Measure):
- (a) except to the extent, and for such time, as may be necessary to prevent or remedy serious injury and to facilitate adjustment;
- (b) for a period exceeding two years, except that the period may be extended by up to two years if the competent authorities of the importing Party determine, in conformity with the procedures specified in this Article, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting, provided that the total period of application of a safeguard measure, including the period of initial application and any extension thereof, shall not exceed four years; or
- (c) beyond the expiration of the transition period, except with the consent of the other Party. 6. No measure shall be applied again to the import of the same good during the transition period, unless a period of time equal to half of the period during which the safeguard measure was applied previously has elapsed. 7. When a Party terminates a bilateral safeguard measure, the rate of customs duty shall be the rate that, according to its Schedule included in Annex 2-A (Elimination of Customs Duties), would have been in effect but for the measure.

Article 3.10 Provisional Measures

str. 251. In critical circumstances where delay would cause damage that would be difficult to repair, a Party may apply a bilateral safeguard measure on a provisional basis pursuant to a preliminary determination that there is clear evidence that imports of an originating good from the other Party have increased as the result of the reduction or elimination of a customs duty under this Agreement, and such imports cause serious injury, or threat thereof, to the domestic industry. 2. The duration of any provisional measure shall not exceed 200 days, during which time the Party shall comply with the requirements of paragraphs 2 and 3 of Article 3.9 (Conditions and Limitations). The Party shall promptly refund any tariff increases if the investigation described in paragraph 2 of Article 3.9 (Conditions and Limitations) does not result in a finding that the requirements of Article 3.8 (Application of Bilateral Safeguard Measure) are met. The duration of any provisional measure shall be counted as part of the period prescribed by subparagraph 5(b) of Article 3.9 (Conditions and Limitations). 3. If a Party takes a provisional measure pursuant to this Article, the Party shall notify the other Party in writing prior to taking such measure and shall initiate consultations with the other Party immediately after such measure is taken.

Article 3.11 Compensation

str. 251. A Party applying a bilateral safeguard measure shall consult with the other Party in order to mutually agree on appropriate trade liberalising compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the safeguard measure. The Party shall provide an opportunity for such consultations no later than thirty days after the application of the bilateral safeguard measure. 2. If the consultations under paragraph 1 do not result in an agreement on trade liberalising compensation within 30 days after the consultations have begun, the Party whose goods are subject to the safeguard measure may suspend the application of substantially equivalent concessions on the goods of the Party applying the safeguard measure. The exporting Party shall notify the other Party in writing at least 30 days before suspending concessions under this paragraph. 3. The right of suspension referred to in paragraph 2 shall not be exercised for the first 24 months during which a bilateral safeguard measure is in effect, provided that the safeguard measure conforms to the provisions of this Agreement.

str. 26CHAPTER 4 SANITARY AND PHYTOSANITARY MEASURES

Article 4.2 Scope

str. 261. This Chapter shall apply to all SPS measures of a Party that may, directly or indirectly, affect trade between the Parties. 2. This Chapter shall not apply to standards, technical regulations and conformity assessment procedures as defined in the TBT Agreement which are covered by Chapter 5 (Technical Barriers to Trade). 3. Nothing in this Chapter shall limit the rights or obligations of the Parties pursuant to the SPS Agreement.

Article 4.3 Definitions

Article 4.4 Rights and Obligations

str. 26The Parties affirm their existing rights and obligations with respect to each other under the SPS Agreement.

Article 4.5 General Principles

str. 26When implementing this Chapter, the Parties:

str. 27- (a) shall not apply their SPS measure in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade;
- (b) shall ensure that any SPS measure is applied only to the extent necessary to protect human, animal or plant life or health, is based on scientific principles and is not maintained without sufficient scientific evidence; and
- (c) will neither use the procedures established under this Chapter nor any requests for additional information to delay, without scientific and technical justification, access to their respective markets.

Article 4.6 Competent Authorities

str. 27The competent authorities of the Parties responsible for the implementation of this Chapter are set out in Annex 4-A. The Parties shall notify each other of any change in their respective competent authorities.

Article 4.7 Trade Facilitation

str. 27The Parties shall cooperate and jointly identify work in the field of SPS measures with a view to facilitating trade between the Parties. In particular, the Parties shall seek to identify initiatives that are appropriate for particular issues or sectors.

Article 4.8 Transparency

str. 271. The Parties reaffirm their transparency obligations under the SPS Agreement. 2. Each Party shall publish all SPS measures in force on a website. Where possible, and upon request, the Parties shall provide information regarding the measure(s) in English. 3. Upon request of a Party, the other Party shall communicate the import requirements that apply for the import of specific products as soon as possible. 4. Where a Party has serious concerns regarding any risk to human, animal or plant life or health, affecting commodities for which trade takes place, technical discussions regarding the situation shall, upon request, take place as soon as possible. In this case, each Party shall endeavour to provide in due time all necessary information to avoid any disruptions to trade.

Article 4.9 Emergency Measures

str. 281. In case of serious human, animal or plant life or health risk, the importing Party may take, without previous notification, measures necessary to protect human, animal or plant life or health. For consignments in transport between the Parties, the importing Party shall consider the most suitable and proportional solution in order to avoid unnecessary disruptions to trade. 2. Either Party may request any information related to the SPS situation and any measures adopted. The other Party shall answer as soon as the requested information is available.

Article 4.10 Equivalence

str. 281. The Parties recognise that the principle of equivalence, as set down in Article 4 of the SPS Agreement, has mutual benefits for both exporting and importing countries. 2. In determining the equivalence of SPS measures, the Parties shall take into account guidance developed by the SPS Committee and the Codex Alimentarius, the OIE and the IPPC, as amended from time to time. 3. The Parties shall give favourable consideration to accepting the equivalence of each other's SPS measures, in order to ease trade of the products subject to SPS measures and foster mutual confidence between the respective competent authorities. 4. Compliance by an exported product with an SPS standard that has been accepted as equivalent to an SPS standard of the importing Party shall not remove the need for that product to comply with any other relevant mandatory requirements of the importing Party. 5. Whenever an agreement on recognition of the equivalence is in process of negotiation and no final approval is achieved, the Parties should neither stop nor apply SPS measures more restrictive than those in force in their mutual trade, except where SPS emergencies arise or threaten to arise for a Party.

Article 4.11 Import Requirements

str. 281. The importing Party shall ensure that its import conditions are applied to products imported from the exporting Party in a proportional and non-discriminatory manner.

str. 292. Any fees imposed for the procedures on products imported from the exporting Party shall be equitable in relation to any fees charged on like domestic products and should be no higher than the actual cost of the service. 3. The importing Party shall have the right to carry out import checks on products imported from the exporting Party for the purposes of implementing SPS measures. 4. The import checks carried out on products imported from the exporting Party shall be based on the SPS risk associated with such importation. They shall be carried out without undue delay and with a minimum effect on trade between the Parties. 5. The information on the frequencies of import checks carried out on products imported from the exporting Party shall be made available on request. The importing Party may amend the frequencies of physical checks within their responsibilities, as appropriate, as a result of:
5. (a) on-site checks;
6. (b) import checks; or
7. (c) other actions or consultations provided for in this Chapter. 6. In the event that the import checks reveal non-conformity with the relevant standards and/or requirements of the importing Party, any action taken by the importing Party should be proportionate to the SPS risk involved.

Article 4.12 Coordinators

str. 291. To facilitate the implementation of this Chapter and cooperation between the Parties, each Party shall designate a Coordinator, who shall be responsible for coordinating with competent authorities in the Party's territory and communicating with the other Party's Coordinator on all matters pertaining to this Chapter. 2. The Coordinators' functions shall include:
3. (a) enhancing communication between the Parties' competent authorities, seeking to facilitate a Party's response to written requests for information from the other Party in print or electronically without undue delay, and in any case within 30 days from the date of receipt of the request and at no cost or at reasonable cost;
4. (b) facilitating information exchange so as to enhance mutual understanding of each Party's SPS measures and the regulatory processes that relate to those measures and their impact on trade in such goods between the Parties;
5.

str. 30(c) promptly addressing any bilateral SPS issues that a Party raises to enhance cooperation and consultation between the Parties to facilitate trade between the Parties; and - (d) simultaneously informing the contact points set out in Article 18.16 (Contact Points) of Chapter 18 (Institutional, General and Final Provisions) of any communication between the Parties. 3. The Coordinators may communicate through teleconference, videoconference, or any other means, as mutually determined by the Parties. 4. For the purposes of this Article, the Coordinator for:
- (a) Turkey shall be:

General Directorate of European Union and Foreign Relations of the Ministry of Food, Agriculture and Livestock or its successor. Email: fta@tarim.gov.tr

- (b) Singapore shall be:

Ministry of Trade and Industry, Trade Division, 100 High Street # 09-01, The Treasury, Singapore 179434

Tel: (65) 6225 9911

Fax: (65) 6332 7260

Email: mti_email@mti.gov.sg

or their successors.

Article 4.13 Sub-committee on Sanitary and Phytosanitary Measures

str. 301. The Sub-committee on SPS measures established pursuant to Article 18.2 (Committees and Working Groups) of Chapter 18 (Institutional, General and Final Provisions) may:
2. (a) develop the necessary procedures or arrangements for the implementation and administration of this Chapter;
3. (b) monitor the progress of the implementation and administration of this Chapter;
4. (c) provide a forum for discussion of problems arising from the application of certain sanitary or phytosanitary measures with a view to reaching mutually acceptable alternatives; and
5. (d) enhance communication and cooperation on SPS matters. 2. The Sub-committee shall meet in the first year after the entry into force of this Agreement and once a year thereafter, or as otherwise mutually agreed by the Parties, to perform its work in accordance with the terms of reference established during the first meeting of the Sub-committee.

Article 4.14 Technical Cooperation

str. 301. The Parties shall endeavour to develop a work programme and mechanisms for cooperative activities in the areas of technical assistance and capacity building to address plant, animal and public health and food safety issues of mutual interest. 2. The financial arrangements to cover expenses for the cooperative activities undertaken shall be mutually agreed upon by the Parties on a case-by-case basis subject to the availability of funds.

Article 4.15 Final Provisions

str. 31Nothing in this Chapter shall limit the authority of a Party to determine the level of protection it considers necessary for the protection of, inter alia, human health or safety, animal or plant life or health or the environment. In pursuance of this, each Party retains all authority to interpret its laws, regulations and administrative provisions.

Annex 4-A Competent Authorities

Article 5.1 Objectives

str. 31The objective of this Chapter is to facilitate and increase trade in goods between the Parties, by providing a framework to prevent, identify and eliminate unnecessary barriers to trade within the scope of the TBT Agreement.

Article 5.2 Scope and Definitions

str. 311. This Chapter shall apply to the preparation, adoption and application of all standards, technical regulations and conformity assessment procedures as defined in Annex 1 of the TBT Agreement, which may, directly or indirectly, affect trade in goods between the Parties, regardless of the origin of those goods. 2. Notwithstanding paragraph 1, this Chapter shall not apply to:
3.

str. 32(a) purchasing specifications prepared by governmental bodies for production or consumption requirements of such bodies; or
4. (b) sanitary and phytosanitary measures as defined in Annex A of the SPS Agreement which are covered by Chapter 4 (Sanitary and Phytosanitary Measures). 3. For the purposes of this Chapter, the definitions of Annex 1 to the TBT Agreement shall apply.

Article 5.3 Affirmation of the TBT Agreement

str. 32The Parties affirm their existing rights and obligations with respect to each other under the TBT Agreement which is incorporated into and made part of this Agreement, mutatis mutandis .

Article 5.4 Joint Cooperation

str. 321. The Parties shall strengthen their cooperation in the field of standards, technical regulations and conformity assessment procedures with a view to increasing the mutual understanding of their respective systems and facilitating access to their respective markets. 2. The Parties shall seek to identify, develop and promote trade facilitating initiatives which may include, but are not limited to:
3. (a) exchanging information and experiences on the preparation and application of their technical regulations and the use of good regulatory practice;
4. (b) where appropriate, simplifying technical regulations, standards and conformity assessment procedures;

- (c) avoiding unnecessary divergence in their approaches to technical regulations and conformity assessment procedures, and working towards the possibility of converging or aligning technical regulations with international standards;
- (d) encouraging cooperation between their respective bodies, public or private, responsible for metrology, standardisation, testing, certification and accreditation;
- (e) ensuring efficient interaction of regulatory authorities at national, regional and international levels, for instance, by referring enquiries from a Party to the appropriate regulatory authorities; and
- (f) exchanging information on developments in relevant regional and multilateral fora related to standards, technical regulations and conformity assessment procedures. 3. The Parties shall promote bilateral cooperation between their respective institutions in the field of halal standards and certification. 4. Upon request, a Party shall give appropriate consideration to proposals that the other Party makes for cooperation under the terms of this Chapter.

Article 5.5 International Standards

str. 331. In accordance with Articles 2.4 and 5.4 of the TBT Agreement, the Parties shall use international standards, or relevant parts of international standards, as a basis for their technical regulations and related conformity assessment procedures where relevant international standards exist or their completion is imminent, except when such international standards or their relevant parts are ineffective or inappropriate to fulfil legitimate objectives. 2. In determining whether an international standard, guide, or recommendation within the meaning of Articles 2, 5 and Annex 3 of the TBT Agreement exists, each Party shall apply the principles set out in the Decision of the Committee on Principles for the Development of International Standards, Guides and Recommendations with relation to Articles 2, 5 and Annex 3 of the Agreement , adopted by the WTO Committee on Technical Barriers to Trade, G/TBT/1/rev.12, 21 January 2015 and the subsequent revisions. 3. The Parties affirm their obligations under Article 4.1 of the TBT Agreement to ensure that their standardising bodies accept and comply with the Code of Good Practice for the Preparation, Adoption and Application of Standards in Annex 3 to the TBT Agreement. 4. The Parties shall cooperate with each other, where appropriate, in the context of their participation in international standardising bodies to ensure that international standards developed within such bodies that are likely to become a basis for technical
5. regulations are trade facilitating and do not create unnecessary obstacles to international trade.

str. 345. The Parties undertake to exchange information on:
7. (a) their use of standards in support of technical regulations;
8. (b) each other's standardisation processes, and the extent of use of international standards or regional standards as a base for their national standards; and
9. (c) cooperation agreements implemented by either Party on standardisation, provided the information can be made available to the public.

Article 5.6 Technical Regulations

str. 34The Parties agree to make best use of good regulatory practice with regard to the preparation, adoption and application of technical regulations, as provided for in the TBT Agreement, including:

- (a) when developing a technical regulation, to consider, inter alia, the impact of the envisaged technical regulation and the available regulatory and nonregulatory alternatives to the proposed technical regulation which may fulfil the Party's legitimate objectives;
- (b) consistent with Article 2.4 of the TBT Agreement, to use, to the maximum extent possible, relevant international standards as a basis for their technical regulations, except when such international standards would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued; where international standards have not been used as a basis, to explain upon request to the other Party the reasons why such standards have been considered inappropriate or ineffective for the aim pursued; and
- (c) consistent with Article 2.8 of the TBT Agreement, wherever appropriate, to specify technical regulations based on product requirements in terms of performance rather than design or descriptive characteristics.

Article 5.7 Conformity Assessment Procedures

str. 341. The Parties recognise that a broad range of mechanisms exist to facilitate the acceptance of the results of conformity assessment procedures, including:
2.

str. 35(a) the importing Party's reliance on a supplier's declaration of conformity;

- (b) agreements on mutual acceptance of the results of conformity assessment procedures with respect to specific technical regulations conducted by bodies located in the territory of the other Party;
- (c) use of accreditation procedures to qualify conformity assessment bodies;
- (d) government designation of conformity assessment bodies, including bodies

located in the territory of the other Party;

- (e) unilateral recognition by a Party of the results of conformity assessment procedures conducted in the territory of the other Party;
- (f) voluntary arrangements between conformity assessment bodies in the respective territories of each Party; and
- (g) use of regional or international multilateral recognition agreements and arrangements of which the Parties are parties. 2. Having regard in particular to those considerations, the Parties shall:
- (a) intensify their exchange of information on these and other mechanisms with a view to facilitating the acceptance of conformity assessment results;
- (b) exchange information on the criteria used to select appropriate conformity assessment procedures for specific products and, in line with Article 5.1.2 of the TBT Agreement, require conformity assessment procedures that are not more strict or are not applied more strictly than necessary to give the importing Party adequate confidence that products conform with the applicable technical regulations or standards, taking account of the risks nonconformity would create;
- (c) exchange information on accreditation policy, and consider how to make the best use of international standards for accreditation, and international agreements involving the Parties' accreditation bodies, for example, through the mechanisms of the International Laboratory Accreditation Co-operation (ILAC) and the International Accreditation Forum (IAF);
- (d) give positive consideration to accredit conformity assessment bodies in the territory of the other Party on terms no less favourable than those it accords to conformity assessment bodies in its territory, to the extent necessary to fulfil their obligations under the ILAC, the IAF and the European co-operation for Accreditation (EA); and
- (e) ensure that, insofar as two or more conformity assessment bodies are authorised by a Party to carry out conformity assessment procedures required for placing the product on the market, economic operators may choose among them. 3. The Parties reaffirm their obligation under Article 5.2.5 of the TBT Agreement that fees imposed for mandatory conformity assessment of imported products shall be equitable in relation to any fees chargeable for assessing the conformity of like products of national origin or originating in any other country, taking into account communication, transportation and other costs arising from differences between location of facilities of the applicant and the conformity assessment body. 4. Upon request by either Party, the Parties may decide to engage in consultations with a view to defining sectoral initiatives regarding the use of conformity assessment procedures or the facilitation of acceptance of conformity assessment results that are appropriate for the respective sectors. The Party making the request should substantiate it with relevant information on how this sectoral initiative would facilitate trade between the Parties. In these consultations, all mechanisms described in paragraph 1 may be considered. Where a Party declines such a request from the other Party, it shall, upon request, explain its reasons.

Article 5.8 Transparency

str. 361. The Parties reaffirm their transparency obligations under the TBT Agreement with regard to the preparation, adoption and application of standards, technical regulations and conformity assessment procedures. 2. The Parties agree, where a part of the process of developing a standard, technical regulation or conformity assessment procedure is open to public consultation, to take the other Party's views into account and, without discrimination, to provide reasonable opportunities for the other Party and its interested persons to make comments. 3. Where a Party makes a notification under Articles 2.9 and 5.6 of the TBT Agreement, the Parties agree:
4. (a) to allow at least 60 days following the notification for the other Party to provide comments in writing on the proposal and where practicable, to give appropriate consideration to reasonable requests for extending the comment period; and
5. (b) to allow sufficient time between the publication of technical regulations and their entry into force for economic operators of the other Party to adapt, except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise. 4. The notification of technical regulations and conformity assessment procedures shall include an online link to, or a copy of, the complete text of the notified document. Where possible, the Parties shall provide an online link to, or a copy of, the complete text of the notified document in English.

str. 375. Each Party shall publish all standards, technical regulations, and conformity assessment procedures in force. 6. Each Party shall make available, as appropriate and available, written guidance on compliance with its standards, technical regulations, and conformity assessment procedures to the other Party or its economic operators, upon request and without undue delay.

Article 5.9 Market surveillance

str. 37The Parties undertake to exchange information on market surveillance and enforcement activities.

Article 5.10 Marking and Labelling

str. 371. For the purposes of this Article, and in accordance with paragraph 1 of Annex 1 of the TBT Agreement, a technical regulation may include or deal exclusively with marking or labelling requirements. 2. The Parties agree that, where their technical regulations contain mandatory marking or labelling, they will ensure that these are not prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and should not be more trade restrictive than necessary to fulfil a legitimate objective, as referred to under Article 2.2 of the TBT Agreement. 3. For the purposes of this Agreement, where a Party requires mandatory marking or labelling of products:
4. (a) the Party shall endeavour to restrict its requirements only to those which are relevant for consumers or users of the product or to indicate the product's conformity with the mandatory requirements;
5. (b) the Party may specify the information to be provided on the label and may require compliance with certain regulatory requirements for the affixing of the label, but shall not require any prior approval or certification of labels and markings as a precondition for sale of the products in its market unless this is deemed necessary in the light of the risk of the product to human, animal or plant health or life;
6. (c) where the Party requires the use of a unique identification number by economic operators, the Party shall ensure that such numbers are issued to the relevant economic operators without undue delay and on a non-discriminatory basis;
7. (d) provided it is not misleading, contradictory or confusing in relation to the information required in the importing Party of the goods, the Party shall permit the following:
8.

str. 38(i) information in other languages in addition to the language 9. required in the importing Party of the goods;
10. (ii) internationally-accepted nomenclatures, pictograms, symbols or graphics; and
11. (iii) additional information to that required in the importing Party of the goods;
12. (e) the Party shall accept that labelling, including re-labelling and corrections to labelling, take place, where relevant, in authorised premises (for example, in customs warehouses at the point of import) in the importing Party prior to the distribution and sale of the product as an alternative to labelling in the place of origin unless such labelling is required to be carried out in the place of origin for reasons of public health or safety; and
13. (f) the Party shall, in cases where it considers that legitimate objectives under the TBT Agreement are not compromised thereby, endeavour to accept nonpermanent or detachable labels, or marking or labelling in the accompanying documentation rather than physically attached to the product. 4. Without prejudice to the Parties' rights and obligations under the WTO Agreement, paragraph 3 shall apply to agricultural products, industrial products, and processed agricultural food products including beverages and spirits.

Article 5.11 Coordinators

str. 381. To facilitate the implementation of this Chapter and cooperation between the Parties, each Party shall designate a Coordinator, who shall be responsible for coordinating with interested persons in the Party's territory and communicating with the other Party's Coordinator on all matters pertaining to this Chapter. The Coordinators' functions shall include:
2. (a) monitoring the implementation and administration of this Chapter;
3. (b) promptly addressing any issue that a Party raises related to the development, adoption, application, or enforcement of standards, technical regulations or conformity assessment procedures;
4. (c) enhancing cooperation in the development and improvement of standards, technical regulations, and conformity assessment procedures;
5.

str. 39(d) exchanging information on standards, technical regulations, and conformity assessment procedures, including referring enquiries from a Party to the appropriate regulatory authorities, in response to all reasonable requests for such information from a Party; - (e) considering and facilitating any sector-specific proposal a Party makes to further the objectives of this Chapter;
- (f) facilitating the consideration of a request by a Party for the recognition of the results of conformity assessment procedures, including a request for the negotiation of an agreement, in a sector nominated by that Party;
- (g) reviewing this Chapter in light of any developments under the TBT Agreement, and developing recommendations for amendments to this Chapter in light of those developments;
- (h) arranging the establishment of ad hoc working groups as mutually agreed by both Parties, in order to explore ways to facilitate trade between the Parties; and
- (i) simultaneously informing the contact points set out in Article 18.16 (Contact Points) of Chapter 18 (Institutional, General and Final Provisions) of any communication between the Parties. 2. The Coordinators may communicate through teleconference, videoconference, or any other means, as mutually determined by the Parties. 3. For the purposes of this Article, the Coordinator for:
- (a) Singapore shall be:

Ministry of Trade and Industry, Trade Division, 100 High Street #09-01 The Treasury,

Singapore 179434

Tel: (65) 6225 9911

Fax: (65) 6332 7260

Email: mti_email@mti.gov.sg

or its successor or designated contact points;

- (b) Turkey shall be:

Ministry of Economy, DG Product Safety and Inspection İnönü Bulvarı No: 36 Emek, Ankara 06510

Tel: +90 312 212 58 97

Fax: + 90 312 212 87 68

Email: tbt@economy.gov.tr

or its successor or designated contact points.

Article 5.12 Final Provisions

str. 391. The Parties have undertaken further commitments on sector-specific non-tariff measures on goods as set out in Annexes 5-A (Electronics) and 5-B (Motor Vehicles and Parts Thereof) and the appendices pertaining thereto. 2. The Parties may discuss in the Joint Committee established pursuant to Article 18.1 (Joint Committee) of Chapter 18 (Institutional, General and Final Provisions) any implementing arrangements arising from this chapter. The Parties may, by decision in the Joint Committee, adopt any implementing measure required to this effect.

General Provisions

str. 401. The Parties confirm the following shared objectives and principles:
2. (a) eliminating and preventing non-tariff barriers to bilateral trade;
3. (b) basing their standards, technical regulations and conformity assessment procedures, wherever appropriate, on relevant international standards;
4. (c) eliminating duplicative and unnecessarily burdensome conformity assessment procedures; and
5. (d) enhancing cooperation to foster development in their bilateral trade in electronics. 2. This Annex shall apply only to standards, technical regulations and conformity assessment procedures of either Party related to the safety and electromagnetic compatibility (hereinafter referred to as 'EMC') of electrical and electronic equipment, electrical household appliances and consumer electronics as defined in Appendix 5-A-1 (hereinafter referred to as 'covered products').

Article 2 International Standards and Standard-setting Bodies

str. 401. The Parties recognise that the International Organization for Standardization (hereinafter referred to as 'ISO'), the International Electrotechnical Commission (hereinafter referred to as 'IEC') and the International Telecommunication Union (hereinafter referred to as 'ITU') are the relevant international standard-setting bodies for [1]

EMC and safety of products covered by this Annex. 2. Where relevant international standards established by ISO, IEC and ITU exist, the Parties shall use these international standards or the relevant parts of them as a basis for any standard, technical regulation or conformity assessment procedure, except for cases where such international standards or relevant parts would be an ineffective or

inappropriate means for the fulfilment of legitimate objectives pursued. In those cases, a Party shall, upon request from the other Party, identify the parts of the respective standard, technical regulation or conformity assessment procedure which substantially deviate from the relevant international standard and provide justification as to the reasons for the deviation.

str. 413. Without prejudice to Article 2.3 of the TBT Agreement, insofar as a Party maintains technical regulations that deviate from existing relevant international standards as referred to in paragraph 2, that Party shall review these technical regulations at regular intervals, not exceeding five years, in order to assess whether the circumstances that gave rise to the deviation from the relevant international standard still exist. The outcome of these reviews shall be communicated to the other Party upon request. 4. The Parties shall encourage their standard-setting bodies to participate in the development of international standards in the ISO, IEC and ITU, and to consult within the framework of those international standard-setting bodies with a view to establishing common approaches.

Article 3 Innovation

str. 411. No Party shall prevent or unduly delay the placing on its market of a product on the ground that it incorporates a new technology or a new feature which has not yet been regulated. 2. Paragraph 1 shall not prejudice the right of the importing Party, if it demonstrates duly substantiated concerns to the supplier, to require evidence that the new technology or new feature concerned does not create a risk for safety or EMC or any other legitimate objective as listed in Article 2.2 of the TBT Agreement.

Article 4 Conformity Assessment Procedures

str. 411. The Parties shall not prepare, adopt or apply conformity assessment procedures with a view to or with the effect of creating unnecessary obstacles to trade with the other Party. In principle, Parties should avoid requiring mandatory third party conformity assessment to prove compliance with applicable technical regulations on safety and/or EMC of covered products, and instead consider the use of a supplier's declaration of conformity and/or post-market surveillance mechanisms to ensure that products conform with relevant standards or technical requirements. 2. Where a Party requires a positive assurance of conformity with domestic technical regulations on safety and/or EMC of covered products, each Party shall accept products on its market on the basis of one or more of the following procedures:
3.

str. 42(a) a supplier's declaration of conformity where the intervention of a conformity assessment body or the testing of the product by a recognised test laboratory is not mandatory and, if testing is undertaken, such testing can be carried out by the manufacturer himself or a competent body of his choice; or

(b) a supplier's declaration of conformity based on a test report issued by a Certification Body ('CB') Testing Laboratory of the other Party under the CB Scheme of the IEC System of Conformity Assessment Schemes for Electrotechnical Equipment and Components (IECEE) (hereinafter referred to as 'IECEE CB Scheme'), accompanied by a valid CB Test Certificate, in accordance with the rules and procedures of the IECEE CB Scheme and the commitments by the Parties thereunder; or - (c) a supplier's declaration of conformity based on a test report issued by any testing laboratory or a certificate issued by any certification body in the other Party that has concluded voluntary arrangements for mutual acceptance of test reports or certificates with one or more conformity assessment bodies designated by the importing Party. The choice among the procedures in this paragraph shall rest with the supplier. 3. The supplier's declaration of conformity shall be in accordance with ISO/IEC 17050. The Parties shall accept the supplier as solely responsible for issuing, changing or withdrawing the declaration of conformity, for establishing the technical documentation which shall enable the assessment of the conformity of the products covered with the applicable technical regulations and for affixing any required markings. The Parties may require that the declaration of conformity is dated and identifies the supplier or the supplier's authorised representative in their territories, the person empowered by the manufacturer or his authorised representative to sign the declaration, the products covered by the declaration, and the applied technical regulations to which conformity is declared. 4. In addition to paragraphs 1 to 3, a Party shall not require any form of registration of products or of suppliers that may prevent or otherwise delay the placing on the market of products that comply with the Party's technical regulations. Insofar as a Party reviews the supplier's declaration, the review shall be solely limited to verifying, on the basis of the documentation submitted, that the test has been done in accordance with the Party's relevant technical regulations and that the information contained in the documentation is complete.

str. 42Any such review shall not cause undue delay for the placing of the products on the Party's market and the declaration shall be accepted, without exceptions, if the products comply with the Party's technical regulations and the documentation submitted is complete. In the event that a declaration is rejected, the Party shall communicate its decision to the supplier, together with an explanation of the grounds for the rejection. Upon request of the supplier, the Party shall provide information or guidance, as appropriate, on how the shortcomings can be rectified, as well as an explanation of possibilities to appeal the decision.

Article 5 Safeguard Measures

str. 43Notwithstanding Article 4 (Conformity Assessment Procedures), either Party may introduce requirements for mandatory third party testing or certification for EMC or safety of covered products, or introduce administrative procedures for approving or reviewing test reports, for particular covered products under the following conditions:

- (a) there exist compelling reasons related to the protection of human health or safety that justify the introduction of such requirements or procedures, supported by substantiated technical or scientific information;
- (b) any such requirements or procedures are not more trade-restrictive than necessary to fulfil the Party's legitimate objective, taking account of the risks that non-fulfilment would create; and - (c) the Party could not have reasonably foreseen the need for introducing any such requirements or procedures at the time of entry into force of this Agreement. Without prejudice to Article 2.10 of the TBT Agreement, before introducing the requirements or procedures, the Party shall notify the other Party and, following consultations, take the comments of the other Party into account, to the greatest extent possible, in devising any such requirements or procedures. Any requirements introduced shall, to the greatest extent possible, be in compliance with this Annex. Once adopted, any requirement or procedure introduced shall be regularly reviewed and repealed if the reasons for its introduction no longer exist.

Article 6 Exceptions

str. 431. Singapore shall only require a positive assurance of conformity with its mandatory safety and/or EMC requirements in the form of third party certification for the products listed in Appendix 5-A-2. 2. Singapore may undertake reviews of its Consumer Protection (Safety Requirements) Registration Scheme in line with Annex 4-A of the Free Trade Agreement between the European Union and the Republic of Singapore. Any changes to the Consumer Protection (Safety Requirements) Registration Scheme a result of such reviews, and any resulting modifications made to Appendix 5-A-2, shall be notified by Singapore to Turkey promptly through the Joint Committee. For products, which will be excluded from the Singapore's Consumer Protection (Safety Requirements) Registration Scheme as a result of such reviews, Singapore shall not require a positive assurance of conformity with its mandatory safety and/or EMC requirements in the form of third party certification. 3. Insofar as Singapore continues to require positive assurance of conformity with its mandatory safety and/or EMC requirements in the form of third party certification for covered products, Singapore shall accept a certificate of conformity to its technical regulations issued by a conformity assessment body in Turkey that has been designated by Singapore. [2] Singapore shall also ensure that the conformity assessment bodies designated by Singapore accept, for the purposes of issuing such certification, test reports issued:
4. (a) by one of the Recognised CB Testing Laboratories or Recognised CB Manufacturer's Testing Laboratories of Turkey in accordance with the rules and procedures of the IECEE CB Scheme and the commitments of the Parties thereunder;
5. (b) in accordance with relevant international standards, guides and recommendations (including ISO/IEC 17025), by any testing laboratory of Turkey that has been accredited by an accreditation body which is a signatory to the Mutual Recognition Arrangement of the International Laboratory Accreditation Cooperation or one of its regional bodies' mutual recognition agreements to which Singapore is a Party; or

- (c) by any testing laboratory in Turkey that has concluded voluntary arrangements for mutual acceptance of test reports with one or more conformity assessment bodies designated by Singapore.

Article 7 Joint Cooperation

str. 441. The Parties shall closely cooperate to promote common understanding on regulatory issues and consider any request of the other Party regarding the implementation of this Annex. 2. This cooperation shall take place within the framework of the Joint Committee.

APPENDIX 5-A-1 SCOPE

APPENDIX 5-A-2 PRODUCT CATEGORIES

Air cooler namely an electrically operated appliance for agitating the air equipped to use water as a cooling medium and its associated regulator intended for use on single phase a.c. and d.c. circuits not exceeding 250 volts for household and similar purposes.

str. 47Home computer system (inclusive of monitor, printer, speaker and other mains operated accessories) namely a microprocessor based data system with compact, local computing and calculating power on high definition graphics and with flexible data communication interfacing. Decorative lighting fixture namely lighting chains fitted with a series or parallel connected incandescent lamps for use either indoors or outdoors on supply voltages not exceeding 250 volts. 3-pin rectangular type 13-amp plug namely a portable fused device having projecting pins designed to engage with the contacts of a corresponding socket-outlet. A plug also incorporates means for the electrical connection and the mechanical retention of a suitable flexible cord. Fuse (13-amp or less) for use in a plug namely a device that, by the fusion of one or more of its specially designed and proportioned components, opens the circuit in which it is inserted and breaks the current when this exceeds a given value for a sufficient time. The fuse comprises all the parts that form the complete device. 3-pin round type 15-amp plug namely a device carrying 3 metallic plug pins substantially cylindrical in form intended for engagements with corresponding socket contacts arranged for connection to a suitable flexible cord. Multi-way adaptor namely an adaptor having more than one set of socket contacts (the socket contacts may or may not be of the same type or rating as the plug pin portion). 3-pin portable socket-outlet namely an accessory having a set of 3 socket-contacts designed to engage with the pins of a corresponding plug and having means for the electrical connection of appropriate cables or flexible cords, for connection to, or integral with, a flexible cord, and which can be easily moved from one place to another while connected to the supply. Portable cable reel namely a device comprising a flexible cable or cord attached to a reel so constructed that the flexible cable may be completely wound onto the reel, and provided with a plug and one or more socket outlets. Instantaneous electric water heater namely an electrically operated stationary appliance for household and similar purposes and intended for heating water below boiling temperature with its rated voltage not more than 250 V for single-phase appliances and 480 V for other appliances. Mains pressure electric storage water heater, namely, an electrically operated stationary appliance for household and similar purposes and intended for storing and heating water below boiling temperature with its rated voltage not more than 250 V for single-phase appliances and 480 V for other appliances. Residual Current Circuit Breaker (RCCB) namely a device intended to protect persons against indirect contact, the exposed conductive parts of the installation being connected to an appropriate earth electrode. 3-pin 13-Ampere Socket-outlet namely a 13A shuttered socket-outlet in single or multiple arrangements with associated controlling switches, for flush mounting in suitable box or for surface or panel mounting. The socket-outlet is suitable for the connection of portable appliances, sound-vision equipment, luminaries, etc., in a.c. circuits only operating at voltage not exceeding 250 V r.m.s at 50 Hz.

str. 483-pin round type 15-ampere Socket-outlet namely a 15A shuttered socket-outlet which contains switch connected between the current carrying contact of the socket-outlet and the relevant supply terminal for flush mounting in suitable box or for surface or panel mounting. The socket-outlet is suitable for the connection of electrical appliances in a.c. circuits only operating at voltage not exceeding 250 V r.m.s at 50 Hz. Domestic electric wall switch namely a manually operated general purpose switch for a.c. only with a rated voltage not exceeding 440V and a rated current not exceeding 63A, intended for household and similar fixed-electrical installations, either indoors or outdoors. Ballast for tubular fluorescent lamp namely a unit inserted between the supply and one or more fluorescent lamps which, by means of inductance, capacitance, or a combination of inductance and capacitance or electronic circuitry, serves mainly to limit the current of the lamp(s) to the required value. Isolating Transformer for downlight fitting namely a transformer with input and output windings of which are electrically separated to limit hazards due to accidental simultaneous contact with earth and live parts or metal parts which may become live in the event of an insulation failure.

APPENDIX 5-A-3 DEFINITIONS

General Provisions

str. 491. The Parties confirm the following shared objectives and principles:
2. (a) eliminating and preventing non-tariff barriers to bilateral trade;
3. (b) basing their standards, technical regulations and conformity assessment procedures, wherever appropriate, on relevant international standards;
4. (c) eliminating duplicative and unnecessarily burdensome conformity assessment procedures; and
5. (d) enhancing cooperation to foster development in their bilateral trade in electronics. 2. This Annex shall apply only to standards, technical regulations and conformity assessment procedures of either Party related to the safety and electromagnetic compatibility (hereinafter referred to as 'EMC') of electrical and electronic equipment, electrical household appliances and consumer electronics as defined in Appendix 5-A-1 (hereinafter referred to as 'covered products').

Article 2 International Standards and Standard-setting Bodies

str. 491. The Parties recognise that the International Organization for Standardization (hereinafter referred to as 'ISO'), the International Electrotechnical Commission (hereinafter referred to as 'IEC') and the International Telecommunication Union

(hereinafter referred to as 'ITU') are the relevant international standard-setting bodies for EMC and safety of products covered by this Annex. [1]

str. 492. Where relevant international standards established by ISO, IEC and ITU exist, the Parties shall use these international standards or the relevant parts of them as a basis for any standard, technical regulation or conformity assessment procedure, except for cases where such international standards or relevant parts would be an ineffective or inappropriate means for the fulfilment of legitimate objectives pursued.

str. 49In those cases, a Party shall, upon request from the other Party, identify the parts of the respective standard, technical regulation or conformity assessment procedure which substantially deviate from the relevant international standard and provide justification as to the reasons for the deviation. 3.

str. 49Without prejudice to Article 2.3 of the TBT Agreement, insofar as a Party maintains technical regulations that deviate from existing relevant international standards as referred to in paragraph 2, that Party shall review these technical regulations at regular intervals, not exceeding five years, in order to assess whether the circumstances that gave rise to the deviation from the relevant international standard still exist. The outcome of these reviews shall be communicated to the other Party upon request. 4. The Parties shall encourage their standard-setting bodies to participate in the

str. 49development of international standards in the ISO, IEC and ITU, and to consult within the framework of those international standard-setting bodies with a view to establishing common approaches.

Article 3 Innovation

str. 49No Party shall prevent or unduly delay the placing on its market of a product on the ground that it incorporates a new technology or a new feature which has not yet been regulated. 2. Paragraph 1 shall not prejudice the right of the importing Party, if it demonstrates duly substantiated concerns to the supplier, to require evidence that the new technology or new feature concerned does not create a risk for safety or EMC or any other legitimate objective as listed in Article 2.2 of the TBT Agreement.

Article 4 Conformity Assessment Procedures

str. 49The Parties shall not prepare, adopt or apply conformity assessment procedures with a view to or with the effect of creating unnecessary obstacles to trade with the other Party.

str. 49In principle, Parties should avoid requiring mandatory third party conformity assessment to prove compliance with applicable technical regulations on safety and/or EMC of covered products, and instead consider the use of a supplier's declaration of conformity and/or post-market surveillance mechanisms to ensure that products conform with relevant standards or technical requirements. 2. Where a Party requires a positive assurance of conformity with domestic technical regulations on safety and/or EMC of covered products, each Party shall accept products on its market on the basis of one or more of the following procedures:

str. 513. (a) a supplier's declaration of conformity where the intervention of a conformity assessment body or the testing of the product by a recognised test laboratory is not mandatory and, if testing is undertaken, such testing can be carried out by the manufacturer himself or a competent body of his choice; or
4. (b) a supplier's declaration of conformity based on a test report issued by a Certification Body ('CB') Testing Laboratory of the other Party under the CB Scheme of the IEC System of Conformity Assessment Schemes for Electrotechnical Equipment and Components (IECEE) (hereinafter referred to as 'IECEE CB Scheme'), accompanied by a valid CB Test Certificate, in accordance with the rules and procedures of the IECEE CB Scheme and the commitments by the Parties thereunder; or
5. (c) a supplier's declaration of conformity based on a test report issued by any testing laboratory or a certificate issued by any certification body in the other Party that has concluded voluntary arrangements for mutual acceptance of test reports or certificates with one or more conformity assessment bodies designated by the importing Party. The choice among the procedures in this paragraph shall rest with the supplier. 3. The supplier's declaration of conformity shall be in accordance with ISO/IEC 17050. The Parties shall accept the supplier as solely responsible for issuing, changing or withdrawing the declaration of conformity, for establishing the technical documentation which shall enable the assessment of the conformity of the products covered with the applicable technical regulations and for affixing any required markings. The Parties may require that the declaration of conformity is dated and identifies the supplier or the supplier's authorised representative in their territories, the person empowered by the manufacturer or his authorised representative to sign the declaration, the products covered by the declaration, and the applied technical regulations to which conformity is declared. 4. In addition to paragraphs 1 to 3, a Party shall not require any form of registration of products or of suppliers that may prevent or otherwise delay the placing on the market of products that comply with the Party's technical regulations. Insofar as a Party reviews the supplier's declaration, the review shall be solely limited to verifying, on the basis of the documentation submitted, that the test has been done in accordance with the Party's relevant technical regulations and that the information contained in the documentation is complete.

str. 51Any such review shall not cause undue delay for the placing of the products on the Party's market and the declaration shall be accepted, without exceptions, if the products comply with the Party's technical regulations and the documentation submitted is complete. In the event that a declaration is rejected, the Party shall communicate its decision to the supplier, together with an explanation of the grounds for the rejection. Upon request of the supplier, the Party shall provide information or guidance, as appropriate, on how the shortcomings can be rectified, as well as an explanation of possibilities to appeal the decision.

Article 5 Safeguard Measures

str. 51Notwithstanding Article 4 (Conformity Assessment Procedures), either Party may introduce requirements for mandatory third party testing or certification for EMC or safety of covered products, or introduce administrative procedures for approving or reviewing test reports, for particular covered products under the following conditions:

str. 52- (a) there exist compelling reasons related to the protection of human health or safety that justify the introduction of such requirements or procedures, supported by substantiated technical or scientific information;
- (b) any such requirements or procedures are not more trade-restrictive than necessary to fulfil the Party's legitimate objective, taking account of the risks that non-fulfilment would create; and
- (c) the Party could not have reasonably foreseen the need for introducing any such requirements or procedures at the time of entry into force of this Agreement. Without prejudice to Article 2.10 of the TBT Agreement, before introducing the requirements or procedures, the Party shall notify the other Party and, following consultations, take the comments of the other Party into account, to the greatest extent possible, in devising any such requirements or procedures. Any requirements introduced shall, to the greatest extent possible, be in compliance with this Annex. Once adopted, any requirement or procedure introduced shall be regularly reviewed and repealed if the reasons for its introduction no longer exist.

Article 6 Exceptions

str. 521. Singapore shall only require a positive assurance of conformity with its mandatory safety and/or EMC requirements in the form of third party certification for the products listed in Appendix 5-A-2. 2. Singapore may undertake reviews of its Consumer Protection (Safety Requirements) Registration Scheme in line with Annex 4-A of the Free Trade Agreement between the European Union and the Republic of Singapore. Any changes to the Consumer Protection (Safety Requirements) Registration Scheme a result of such reviews, and any resulting modifications made to Appendix 5-A-2, shall be notified by Singapore to Turkey promptly through the Joint Committee. For products, which will be excluded from the Singapore's Consumer Protection (Safety Requirements) Registration Scheme as a result of such reviews, Singapore shall not require a positive assurance of conformity with its mandatory safety and/or EMC requirements in the form of third party certification. 3. Insofar as Singapore continues to require positive assurance of conformity with its mandatory safety and/or EMC requirements in the form of third party certification for covered products, Singapore shall accept a certificate of conformity to its technical regulations issued by a conformity assessment body in Turkey that has been designated by Singapore. [2] Singapore shall also ensure that the conformity assessment bodies designated by Singapore accept, for the purposes of issuing such certification, test reports issued:
4.

str. 53(a) by one of the Recognised CB Testing Laboratories or Recognised CB Manufacturer's Testing Laboratories of Turkey in accordance with the rules and procedures of the IECEE CB Scheme and the commitments of the Parties thereunder;

- (b) in accordance with relevant international standards, guides and recommendations (including ISO/IEC 17025), by any testing laboratory of Turkey that has been accredited by an accreditation body which is a signatory to the Mutual Recognition Arrangement of the International Laboratory Accreditation Cooperation or one of its regional bodies' mutual recognition agreements to which Singapore is a Party; or
- (c) by any testing laboratory in Turkey that has concluded voluntary arrangements for mutual acceptance of test reports with one or more conformity assessment bodies designated by Singapore.

Article 7 Joint Cooperation

str. 531. The Parties shall closely cooperate to promote common understanding on regulatory issues and consider any request of the other Party regarding the implementation of this Annex. 2. This cooperation shall take place within the framework of the Joint Committee.

APPENDIX 5-A-1 SCOPE

APPENDIX 5-A-2 PRODUCT CATEGORIES

Microwave oven namely an electrically operated appliance for heating food and beverages using electromagnetic energy (microwaves) in one or more of the I.S.M. frequency bands between 300 MHz and 30 GHz and intended for household use. These appliances may also incorporate a browning function.

str. 54Rice cooker namely an electrically operated household appliance for cooking rice. Refrigerator namely a self-contained assembly consisting of a thermally insulated cabinet for the storage and preservation of foodstuffs above 0°C (32°F) and of a refrigerating unit operating on the vapour compression principle and arranged to extract heat from within the cabinet, whether or not with one or more freezer compartments. Room air-conditioner namely a self-contained assembly designed as a unit, primarily for mounting in a window or through the wall or as a console. It is designed primarily to provide free delivery of conditioned air to an enclosed space, room or zone (conditioned space). It includes a prime source of refrigeration for cooling and dehumidification and means for the circulation and the cleaning of air, and a drain arrangement for collecting or disposing any condensate. It may also include means for humidifying, ventilating or exhausting air. Table or standing fan namely an electrically operated appliance for agitating the air, and their associated regulator intended for use on single-phase a.c. and d.c. circuits not exceeding 250 volts and intended for household use and similar purposes. Television or video display unit namely an electronic device for receiving and displaying information from a transmitting station or local source, connected to the supply mains, either directly or indirectly, and intended for domestic and similar general indoor use, other than a cathode ray tube television receiver. Vacuum cleaner namely a machine which removes dirt and dust by the suction produced by a motor-driven air pump and intended for household use and similar purposes. Washing machine namely an electrically operated appliance intended for washing clothes and textiles (whether or not with means for water heating), for water extraction or for drying. Table lamp or standing lamp namely a portable general purpose luminaire, other than handlamps, for use with tungsten filament, tubular fluorescent and other discharge lamps connected to the supply mains, either directly or indirectly. Toaster, grill, roaster, hotplate and similar appliances namely electric appliances connected to the supply mains, which make use of direct or indirect (e.g. heated medium such as air and cooking oil) heat for food preparation and intended for household use. Wall fan or ceiling fan namely an electric fan and its associated regulator intended for mounting on the wall or ceiling and for use on a single phase a.c. and d.c. circuit not exceeding 250 volts for household and similar purposes. Adaptor namely a device designed to supply a.c. or d.c. power from an a.c. or d.c. source, either by itself or as part of an accessory, for applications such as computers, telecommunication equipment, home entertainment equipment or toys. Coffee maker, slow cooker, steam boat and similar appliances namely electrically operated appliances that heats up water to high temperatures in the course of food and beverage preparation.

str. 54Laser disc set namely an electronic device for video recording and play-back or for playback only, connected to the supply mains, either directly or indirectly, and intended for domestic and similar general indoor use, other than a laser disc (LD) player or video. Mixer, blender, mincer and similar appliances namely electrically operated machines for food and beverage preparation and intended for household use. Air cooler namely an electrically operated appliance for agitating the air equipped to use water as a cooling medium and its associated regulator intended for use on single phase a.c. and d.c. circuits not exceeding 250 volts for household and similar purposes. Home computer system (inclusive of monitor, printer, speaker and other mains operated accessories) namely a microprocessor based data system with compact, local computing and calculating power on high definition graphics and with flexible data communication interfacing. Decorative lighting fixture namely lighting chains fitted with a series or parallel connected incandescent lamps for use either indoors or outdoors on supply voltages not exceeding 250 volts. 3-pin rectangular type 13-amp plug namely a portable fused device having projecting pins designed to engage with the contacts of a corresponding socket-outlet. A plug also incorporates means for the electrical connection and the mechanical retention of a suitable flexible cord. Fuse (13-amp or less) for use in a plug namely a device that, by the fusion of one or more of its specially designed and proportioned components, opens the circuit in which it is inserted and breaks the current when this exceeds a given value for a sufficient time. The fuse comprises all the parts that form the complete device. 3-pin round type 15-amp plug namely a device carrying 3 metallic plug pins substantially cylindrical in form intended for engagements with corresponding socket contacts arranged for connection to a suitable flexible cord. Multi-way adaptor namely an adaptor having more than one set of socket contacts (the socket contacts may or may not be of the same type or rating as the plug pin portion). 3-pin portable socket-outlet namely an accessory having a set of 3 socket-contacts designed to engage with the pins of a corresponding plug and having means for the electrical connection of appropriate cables or flexible cords, for connection to, or integral with, a flexible cord, and which can be easily moved from one place to another while connected to the supply. Portable cable reel namely a device comprising a flexible cable or cord attached to a reel so constructed that the flexible cable may be completely wound onto the reel, and provided with a plug and one or more socket outlets. Instantaneous electric water heater namely an electrically operated stationary appliance for household and similar purposes and intended for heating water below boiling temperature with its rated voltage not more than 250 V for single-phase appliances and 480 V for other appliances. Mains pressure electric storage water heater, namely, an electrically operated stationary appliance for household and similar purposes and intended for storing and heating water below boiling temperature with its rated voltage not more than 250 V for single-phase appliances and 480 V for other appliances.

str. 54Residual Current Circuit Breaker (RCCB) namely a device intended to protect persons against indirect contact, the exposed conductive parts of the installation being connected to an appropriate earth electrode.

str. 543-pin 13-Ampere Socket-outlet namely a 13A shuttered socket-outlet in single or multiple arrangements with associated controlling switches, for flush mounting in suitable box or for surface or panel mounting. The socket-outlet is suitable for the connection of portable appliances, sound-vision equipment, luminaries, etc., in a.c. circuits only operating at voltage not exceeding 250 V r.m.s at 50 Hz.

str. 543-pin round type 15-ampere Socket-outlet namely a 15A shuttered socket-outlet which contains switch connected between the current carrying contact of the socket-outlet and the relevant supply terminal for flush mounting in suitable box or for surface or panel mounting. The socket-outlet is suitable for the connection of electrical appliances in a.c. circuits only operating at voltage not exceeding 250 V r.m.s at 50 Hz. Domestic electric wall switch namely a manually operated general purpose switch for a.c.

str. 54only with a rated voltage not exceeding 440V and a rated current not exceeding 63A, intended for household and similar fixed-electrical installations, either indoors or outdoors. Ballast for tubular fluorescent lamp namely a unit inserted between the supply and one or more fluorescent lamps which, by means of inductance, capacitance, or a combination of inductance and capacitance or electronic circuitry, serves mainly to limit the current of the lamp(s) to the required value.

str. 54Isolating Transformer for downlight fitting namely a transformer with input and output windings of which are electrically separated to limit hazards due to accidental simultaneous contact with earth and live parts or metal parts which may become live in the event of an insulation failure.

APPENDIX 5-A-3 DEFINITIONS

ANNEX 5-B MOTOR VEHICLES AND PARTS THEREOF

Article 1 General Provisions

str. 57This Annex shall apply to all forms of motor vehicles and parts thereof traded between the Parties and falling under Chapters 40, 84, 85, 87 and 94 of the HS 2012 (hereinafter referred to as 'products covered by this Annex'). 2. With regard to the products covered by this Annex, the Parties confirm the following shared objectives and principles:
3. (a) eliminating and preventing non-tariff barriers to bilateral trade;
4.

str. 58(b) promoting compatibility and convergence of regulations based on international standards;
5.

str. 59(c) promoting recognition of approvals based in particular on approval schemes applied under the agreements administered by the World Forum for Harmonization of Vehicle Regulations (hereinafter referred to as the 'WP.29') within the framework of the United Nations Economic Commission for Europe

(hereinafter referred to as 'UN ECE'); - (d) establishing competitive market conditions based on principles of openness, non-discrimination and transparency;
- (e) securing the protection of human health, safety and the environment; and
- (f) enhancing cooperation to foster continued mutually beneficial development in trade.

Article 2 International Standards

str. 591. The Parties recognise that the WP.29 is the relevant international standard-setting body for the products covered by this Annex. [1]
2. If Singapore decides to introduce a type-approval system for products covered by this Annex, Singapore will consider becoming a signatory of the Agreement Concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts which can be Fitted and/or be Used on Wheeled Vehicles and the Conditions for Reciprocal Recognition of Approvals Granted on the Basis of these Prescriptions (Geneva, 1958) .

Article 3

Regulatory Convergence

str. 591. (a) The Parties shall at any time refrain from introducing any new domestic technical regulations diverging from UN ECE Regulations or Global Technical Regulations (hereinafter referred to as 'GTR') in areas covered by such UN ECE Regulations or GTR, or where the completion of such UN ECE Regulations or GTR is imminent, unless there are substantiated reasons, based on scientific or technical information, why a specific UN ECE Regulation is ineffective or inappropriate for ensuring road safety or the protection of the environment or public health [2] . 2. (b) A Party which introduces a new domestic technical regulation as referred to in subparagraph (a) shall, upon request from the other Party, identify the parts of the domestic technical regulation which substantially deviate from the relevant UN ECE Regulations or GTR and provide due justification as to the reasons for the deviation. 2. Insofar as a Party has introduced and maintains, in accordance with paragraph 1, domestic technical regulations that diverge from existing UN ECE Regulations or GTR, that Party shall review these domestic technical regulations at regular intervals, not exceeding five years, with a view to increasing their convergence to the relevant
4. UN ECE Regulations or GTR. When reviewing their domestic technical regulations, the Parties shall consider whether the circumstances that gave rise to the divergence still exist. The outcome of these reviews, including scientific and technical information used, shall be notified to the other Party upon request.

str. 603. Singapore shall accept on its market as compliant with its domestic technical regulations and conformity assessment procedures, without further testing or marking requirements to verify or attest compliance with requirements covered by an EC [3] or UN ECE type- approval, new Turkey products covered by this Annex [4] and which are covered by an EC or UN ECE type-approval certificate. An EC Certificate of Conformity, in the case of whole vehicles, and an EC or UN ECE type-approval mark affixed to the product, in the case of components and separate technical units, shall be considered sufficient proof of the type-approval certificate. When UN ECE International Whole Vehicle Type Approval enters into force, Parties shall discuss in the Joint Committee whether an UN ECE International Whole Vehicle Type Approval might be considered sufficient proof of the type approval certificate. 4. The competent administrative authorities of each Party may verify by random sampling in accordance with its domestic legislation that the products comply as appropriate with:
7. (a) all the domestic technical regulations of the Party; or
8. (b) the domestic technical regulations of which compliance has been attested by an EC Certificate of conformity, in the case of whole vehicles, or an EC or UN ECE mark affixed to the product, in the case of components and separate technical units, as referred to under paragraph 3. Such verification shall be carried out in accordance with the domestic technical regulations under subparagraphs (a) or (b), as the case may be. Each Party may require the supplier to withdraw a product from its market in case the product concerned does not comply with those regulations and requirements.

Article 4

Products with New Technologies or New Features

str. 61Neither Party shall prevent or unduly delay the placing on its market of a product covered by this Annex and approved by the exporting Party on the ground that the product incorporates a new technology or a new feature that the importing Party has not yet regulated, unless it can demonstrate, based on scientific or technical information, that this new technology or new feature creates a risk for human health, safety or the environment. 2. When a Party decides to refuse the placing on its market or requires the withdrawal from its market of a product of the other Party covered by this Annex on the ground that it incorporates a new technology or a new feature creating a risk for human health, safety or the environment, it shall immediately notify this decision to the other

Party and to the economic operators [5] concerned. The notification shall include all relevant scientific or technical information considered in the Party's decision.

Article 5 Other Measures Restricting Trade

str. 61Each Party shall refrain from nullifying or impairing the market access benefits accruing to the other Party under this Annex through other regulatory measures specific to the sector covered by this Annex. This is without prejudice to the right to adopt measures necessary for road safety, the protection of the environment or public health and the prevention of deceptive practices provided such measures are based on substantiated scientific or technical information.

Article 6 Joint Cooperation

str. 61In the Joint Committee, the Parties shall cooperate and exchange information on any issues relevant for the implementation of this Annex. - [1] This paragraph is without prejudice to the Parties' rights to accept national standards or technical regulations of other countries. - [2] Paragraphs 1(a) and 2 of Article 3 (Regulatory Convergence) and Article 5 (Other Measures Restricting Trade) of this Annex are without prejudice to Singapore taking traffic management measures such as electronic road pricing, on account of Singapore's specific space constraints. - [3] For greater clarity, the terms 'EC type approval', 'EC type approval certificate', 'certificate of conformity' and 'EC type approval mark' shall have the meaning assigned to them under the European Union legislation, in particular Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (OJ L263 of 9.10.2007, p. 1

Article 6.1 Agreement on Trade Facilitation

str. 621. The provisions of Section I of the concluded Agreement on Trade Facilitation (ATF) of the WTO reproduced in Annex 6-A are hereby incorporated into and made part of this Agreement, mutatis mutandis , on a bilateral basis pending its entry into force. 2. Upon the entry into force of the ATF, Section I of the ATF shall automatically be incorporated into and made part of this Agreement, mutatis mutandis , without prejudice to the rights and obligations of the Parties with respect to each other under the WTO Agreement.

Article 6.2 Advance Rulings

str. 62Each Party shall, through its customs authorities or other competent authorities, and prior to the importation of goods into its territory and in accordance with its legislation and procedures, issue written advance rulings to an applicant concerning tariff classification, origin, and any other matters as the Party may decide.

Article 6.3 Single Window

str. 62Each Party shall develop or maintain single window systems to facilitate a single, electronic submission of all information required by customs and other legislation for the exportation, importation and transit of goods.

Article 6.4 Transparency

str. 621. Each Party shall publish or otherwise make available, including through electronic means, their legislation, regulations, and administrative procedures and other requirements relating to customs and trade facilitation. General information on import, export, and transit procedures shall, to the extent practicable, be made available, on the internet in English. 2. Each Party shall designate or maintain one or more inquiry or information points to address inquiries by interested persons concerning customs and trade facilitation matters. The inquiries shall be addressed in English.

Article 6.5 Temporary Admission of Goods

str. 63Each Party shall continue to facilitate the procedures for the temporary admission of goods traded between the Parties in accordance with the Customs Convention on the A.T.A. Carnet for the Temporary Admission of Goods and the ATF of the WTO.

Article 6.6 Technical Cooperation

str. 63In order to enhance cooperation on customs matters, the Parties shall, inter alia :

- (a) exchange information concerning their respective customs legislation, its implementation, and customs procedures, particularly in the following areas:
- (i) simplification and modernisation of customs procedures;
- (ii) border enforcement of intellectual property rights by the customs authorities;
- (iii) transit movements and transhipment; and
- (iv) relations with the business community;
- (b) consider developing joint initiatives relating to import, export and other customs procedures, as well as towards ensuring an effective service to the business community;
- (c) work together on customs-related aspects of securing and facilitating the international trade supply chain; and
- (d) strengthen coordination in international organisations such as the WTO and the World Customs Organization .

Article 6.7 Customs Contact Points

str. 631. The Parties shall exchange lists of designated contact points for matters arising under this Chapter. 2. The contact points shall endeavour to resolve operational matters covered by this Chapter through consultations.

ANNEX 6-A

SECTION I

ARTICLE 1: PUBLICATION AND AVAILABILITY OF INFORMATION

1 Publication

str. 64- 1.1 Each Member shall promptly publish the following information in a non- other interested parties to become acquainted with them:

discriminatory and easily accessible manner in order to enable governments, traders, and

- (a) procedures for importation, exportation, and transit (including port, airport, and other entry-point procedures), and required forms and documents;

- (b) applied rates of duties and taxes of any kind imposed on or in connection with importation or exportation;

- (c) fees and charges imposed by or for governmental agencies on or in connection with importation, exportation or transit;

- (d) rules for the classification or valuation of products for customs purposes;

- (e) laws, regulations, and administrative rulings of general application relating to rules of origin;

- (f) import, export or transit restrictions or prohibitions;

- (g) penalty provisions for breaches of import, export, or transit formalities;

- (h) procedures for appeal or review;

- (i) agreements or parts thereof with any country or countries relating to importation, exportation, or transit; and

- (j) procedures relating to the administration of tariff quotas. - 1.2 Nothing in these provisions shall be construed as requiring the publication or provision of information other than in the language of the Member except as stated in paragraph 2.2.

2 Information Available Through Internet

str. 65- 2.1 Each Member shall make available, and update to the extent possible and as appropriate, the following through the internet:

- (a) a description [1] of its procedures for importation, exportation, and transit, including procedures for appeal or review, that informs governments, traders, and

- other interested parties of the practical steps needed for importation, exportation, and transit; - (b) the forms and documents required for importation into, exportation from, or transit through the territory of that Member;
- (c) contact information on its enquiry point(s). - 2.2 Whenever practicable, the description referred to in subparagraph 2.1(a) shall also be made available in one of the official languages of the WTO. - 2.3 Members are encouraged to make available further trade-related information through the internet, including relevant trade-related legislation and other items referred to in paragraph 1.1.

3 Enquiry Points

str. 65- 3.1 Each Member shall, within its available resources, establish or maintain one or more enquiry points to answer reasonable enquiries of governments, traders, and other interested parties on matters covered by paragraph 1.1 and to provide the required forms and documents referred to in subparagraph 1.1(a). - 3.2 Members of a customs union or involved in regional integration may establish or maintain common enquiry points at the regional level to satisfy the requirement of paragraph 3.1 for common procedures. - 3.3 Members are encouraged not to require the payment of a fee for answering enquiries and providing required forms and documents. If any, Members shall limit the amount of their fees and charges to the approximate cost of services rendered. - 3.4 The enquiry points shall answer enquiries and provide the forms and documents within a reasonable time period set by each Member, which may vary depending on the nature or complexity of the request.

4 Notification

str. 65Each Member shall notify the Committee on Trade Facilitation established under paragraph 1.1 of Article 23 (referred to in this Agreement as the "Committee") of:

- (a) the official place(s) where the items in subparagraphs 1.1(a) to (j) have been published;
- (b) the Uniform Resource Locators of website(s) referred to in paragraph 2.1; and
- (c) the contact information of the enquiry points referred to in paragraph 3.1.

str. 66ARTICLE 2: OPPORTUNITY TO COMMENT, INFORMATION BEFORE ENTRY INTO FORCE, AND CONSULTATIONS

1 Opportunity to Comment and Information before Entry into Force

- 1.1 Each Member shall, to the extent practicable and in a manner consistent with its domestic law and legal system, provide opportunities and an appropriate time period to traders and other interested parties to comment on the proposed introduction or amendment of laws and regulations of general application related to the movement, release, and clearance of goods, including goods in transit. - 1.2 Each Member shall, to the extent practicable and in a manner consistent with its domestic law and legal system, ensure that new or amended laws and regulations of general application related to the movement, release, and clearance of goods, including goods in transit, are published or information on them made otherwise publicly available, as early as possible before their entry into force, in order to enable traders and other interested parties to become acquainted with them. - 1.3 Changes to duty rates or tariff rates, measures that have a relieving effect, measures the effectiveness of which would be undermined as a result of compliance with paragraphs 1.1 or 1.2, measures applied in urgent circumstances, or minor changes to domestic law and legal system are each excluded from paragraphs 1.1 and 1.2.

2 Consultations

str. 66Each Member shall, as appropriate, provide for regular consultations between its border agencies and traders or other stakeholders located within its territory.

ARTICLE 3: ADVANCE RULINGS

str. 661. Each Member shall issue an advance ruling in a reasonable, time-bound manner to the applicant that has submitted a written request containing all necessary information. If a Member declines to issue an advance ruling, it shall promptly notify the applicant in writing, setting out the relevant facts and the basis for its decision. 2. A Member may decline to issue an advance ruling to the applicant where the question raised in the application:
3. (a) is already pending in the applicant's case before any governmental agency, appellate tribunal, or court; or
4. (b) has already been decided by any appellate tribunal or court. 3. The advance ruling shall be valid for a reasonable period of time after its issuance unless the law, facts, or circumstances supporting that ruling have changed. 4. Where the Member revokes, modifies, or invalidates the advance ruling, it shall provide written notice to the applicant setting out the relevant facts and the basis for its decision. Where a Member revokes, modifies, or invalidates advance rulings with retroactive

effect, it may only do so where the ruling was based on incomplete, incorrect, false, or misleading information.

str. 675. An advance ruling issued by a Member shall be binding on that Member in respect of the applicant that sought it. The Member may provide that the advance ruling is binding on the applicant. 6. Each Member shall publish, at a minimum:

(a) the requirements for the application for an advance ruling, including the information to be provided and the format;

(b) the time period by which it will issue an advance ruling; and

(c) the length of time for which the advance ruling is valid. 7. Each Member shall provide, upon written request of an applicant, a review of the advance ruling or the decision to revoke, modify, or invalidate the advance ruling. [2]

8. Each Member shall endeavour to make publicly available any information on advance rulings which it considers to be of significant interest to other interested parties, taking into account the need to protect commercially confidential information. 9. Definitions and scope:

(a) An advance ruling is a written decision provided by a Member to the applicant prior to the importation of a good covered by the application that sets forth the treatment that the Member shall provide to the good at the time of importation with regard to:

(i) the good's tariff classification; and

(ii) the origin of the good. [3]

(b) In addition to the advance rulings defined in subparagraph (a), Members are encouraged to provide advance rulings on:

(i) the appropriate method or criteria, and the application thereof, to be used for determining the customs value under a particular set of facts;

(ii) the applicability of the Member's requirements for relief or exemption from customs duties;

(iii) the application of the Member's requirements for quotas, including tariff quotas; and

(iv) any additional matters for which a Member considers it appropriate to issue an advance ruling. (c) An applicant is an exporter, importer or any person with a justifiable cause or a representative thereof. - (d) A Member may require that the applicant have legal representation or registration in its territory. To the extent possible, such requirements shall not restrict the categories of persons eligible to apply for advance rulings, with particular consideration for the specific needs of small and medium-sized enterprises. These requirements shall be clear and transparent and not constitute a means of arbitrary or unjustifiable discrimination.

ARTICLE 4: PROCEDURES FOR APPEAL OR REVIEW

str. 69Each Member shall ensure that, in a case where the decision on appeal or review under subparagraph 1(a) is not given either:
- (a) within set periods as specified in its laws or regulations; or
- (b) without undue delay

the petitioner has the right to either further appeal to or further review by the administrative authority or the judicial authority or any other recourse to the judicial authority. [4]

5. Each Member shall ensure that the person referred to in paragraph 1 is provided with the reasons for the administrative decision so as to enable such a person to have recourse to procedures for appeal or review where necessary. 6. Each Member is encouraged to make the provisions of this Article applicable to an administrative decision issued by a relevant border agency other than customs.

ARTICLE 5: OTHER MEASURES TO ENHANCE IMPARTIALITY, NONDISCRIMINATION AND TRANSPARENCY

1 Notifications for enhanced controls or inspections

str. 69Where a Member adopts or maintains a system of issuing notifications or guidance to its concerned authorities for enhancing the level of controls or inspections at the border in respect of foods, beverages, or feedstuffs covered under the notification or guidance for protecting human, animal, or plant life or health within its territory, the following disciplines shall apply to the manner of their issuance, termination, or suspension:

- (a) the Member may, as appropriate, issue the notification or guidance based on risk;
- (b) the Member may issue the notification or guidance so that it applies uniformly only to those points of entry where the sanitary and phytosanitary conditions on which the notification or guidance are based apply;
- (c) the Member shall promptly terminate or suspend the notification or guidance when circumstances giving rise to it no longer exist, or if changed circumstances can be addressed in a less trade-restrictive manner; and
- (d) when the Member decides to terminate or suspend the notification or guidance, it shall, as appropriate, promptly publish the announcement of its termination or suspension in a non-discriminatory and easily accessible manner, or inform the exporting Member or the importer.

2 Detention

str. 70A Member shall promptly inform the carrier or importer in case of detention of goods declared for importation, for inspection by customs or any other competent authority.

3 Test Procedures

str. 70- 3.1 A Member may, upon request, grant an opportunity for a second test in case the first test result of a sample taken upon arrival of goods declared for importation shows an adverse finding. - 3.2 A Member shall either publish, in a non-discriminatory and easily accessible manner, the name and address of any laboratory where the test can be carried out or provide this
- information to the importer when it is granted the opportunity provided under paragraph 3.1. - 3.3 A Member shall consider the result of the second test, if any, conducted under paragraph
- 3.1, for the release and clearance of goods and, if appropriate, may accept the results of such test. ARTICLE 6: DISCIPLINES ON FEES AND CHARGES IMPOSED ON OR IN CONNECTION WITH IMPORTATION AND EXPORTATION AND PENALTIES

1 General Disciplines on Fees and Charges Imposed on or in Connection with Importation and Exportation

- 1.1 The provisions of paragraph 1 shall apply to all fees and charges other than import and export duties and other than taxes within the purview of Article III of GATT 1994 imposed by Members on or in connection with the importation or exportation of goods. - 1.2 Information on fees and charges shall be published in accordance with Article 1. This information shall include the fees and charges that will be applied, the reason for such fees and charges, the responsible authority and when and how payment is to be made. - 1.3 An adequate time period shall be accorded between the publication of new or amended fees and charges and their entry into force, except in urgent circumstances. Such fees and charges shall not be applied until information on them has been published. - 1.4 Each Member shall periodically review its fees and charges with a view to reducing their number and diversity, where practicable. 2 Specific disciplines on Fees and Charges for Customs Processing Imposed on or in Connection with Importation and Exportation

Fees and charges for customs processing:

- (i) shall be limited in amount to the approximate cost of the services rendered on or in connection with the specific

1 Pre-arrival Processing

str. 71- 1.1 Each Member shall adopt or maintain procedures allowing for the submission of import documentation and other required information, including manifests, in order to begin processing prior to the arrival of goods with a view to expediting the release of goods upon arrival. - 1.2 Each Member shall, as appropriate, provide for advance lodging of documents in electronic format for pre-arrival processing of such documents.

Electronic Payment

str. 72Each Member shall, to the extent practicable, adopt or maintain procedures allowing the option of electronic payment for duties, taxes, fees, and charges collected by customs incurred upon importation and exportation. 3 Separation of Release from Final Determination of Customs Duties, Taxes, Fees and Charges

3.1 Each Member shall adopt or maintain procedures allowing the release of goods prior to the final determination of customs duties, taxes, fees, and charges, if such a determination is not done prior to, or upon arrival, or as rapidly as possible after arrival and provided that all other regulatory requirements have been met. - 3.2 As a condition for such release, a Member may require:
- (a) payment of customs duties, taxes, fees, and charges determined prior to or upon arrival of goods and a guarantee for any amount not yet determined in the form of a surety, a deposit, or another appropriate instrument provided for in its laws and regulations; or
- (b) a guarantee in the form of a surety, a deposit, or another appropriate instrument provided for in its laws and regulations. - 3.3 Such guarantee shall not be greater than the amount the Member requires to ensure payment of customs duties, taxes, fees, and charges ultimately due for the goods covered by the guarantee. - 3.4 In cases where an offence requiring imposition of monetary penalties or fines has been detected, a guarantee may be required for the penalties and fines that may be imposed. - 3.5 The guarantee as set out in paragraphs 3.2 and 3.4 shall be discharged when it is no longer required. - 3.6 Nothing in these provisions shall affect the right of a Member to examine, detain, seize or confiscate or deal with the goods in any manner not otherwise inconsistent with the Member's WTO rights and obligations.

Risk Management

str. 72- 4.1 Each Member shall, to the extent possible, adopt or maintain a risk management system for customs control.

str. 73- 4.2 Each Member shall design and apply risk management in a manner as to avoid arbitrary or unjustifiable discrimination, or a disguised restriction on international trade. - 4.3 Each Member shall concentrate customs control and, to the extent possible other relevant border controls, on high-risk consignments and expedite the release of lowrisk consignments. A Member also may select, on a random basis, consignments for such controls as part of its risk management. - 4.4 Each Member shall base risk management on an assessment of risk through appropriate selectivity criteria. Such selectivity criteria may include, inter alia, the Harmonized System code, nature and description of the goods, country of origin, country from which the goods were shipped, value of the goods, compliance record of traders, and type of means of transport.

5 Post-clearance Audit

str. 73- 5.1 With a view to expediting the release of goods, each Member shall adopt or maintain post-clearance audit to ensure compliance with customs and other related laws and regulations. - 5.2 Each Member shall select a person or a consignment for post-clearance audit in a risk-based manner, which may include appropriate selectivity criteria. Each Member shall conduct post-clearance audits in a transparent manner. Where the person is involved in the audit process and conclusive results have been achieved the Member shall, without delay, notify the person whose record is audited of the results, the person's rights and obligations, and the reasons for the results. - 5.3 The information obtained in post-clearance audit may be used in further administrative or judicial proceedings. - 5.4 Members shall, wherever practicable, use the result of post-clearance audit in applying risk management. 6 Establishment and Publication of Average Release Times

6.1 Members are encouraged to measure and publish their average release time of goods periodically and in a consistent manner, using tools such as, inter alia , the Time Release

Study of the World Customs Organization (referred to in this Agreement as the 'WCO'). [5]

6.2 Members are encouraged to share with the Committee their experiences in measuring average release times, including methodologies used, bottlenecks identified, and any resulting effects on efficiency.

7 Trade Facilitation Measures for Authorized Operators

str. 747.1 Each Member shall provide additional trade facilitation measures related to import, export, or transit formalities and procedures, pursuant to paragraph 7.3, to operators who meet specified criteria, hereinafter called authorized operators. Alternatively, a Member may offer such trade facilitation measures through customs procedures generally available to all operators and is not required to establish a separate scheme. - 7.2 The specified criteria to qualify as an authorized operator shall be related to compliance, or the risk of non-compliance, with requirements specified in a Member's laws, regulations or procedures. - (a) Such criteria, which shall be published, may include:

- (i) an appropriate record of compliance with customs and other related laws and regulations;

- (ii) a system of managing records to allow for necessary internal controls;

- (iii) financial solvency, including, where appropriate, provision of a sufficient security or guarantee; and

- (iv) supply chain security. - (b) Such criteria shall not:

- (i) be designed or applied so as to afford or create arbitrary or unjustifiable discrimination between operators where the same conditions prevail; and

- (ii) to the extent possible, restrict the participation of small and mediumsized enterprises. - 7.3 The trade facilitation measures provided pursuant to paragraph 7.1 shall include at least three of the following measures: [6]

- (a) low documentary and data requirements, as appropriate;

- (b) low rate of physical inspections and examinations, as appropriate;

- (c) rapid release time, as appropriate;

- (d) deferred payment of duties, taxes, fees, and charges;

- (e) use of comprehensive guarantees or reduced guarantees;

- (f) a single customs declaration for all imports or exports in a given period; and

- (g) clearance of goods at the premises of the authorized operator or another place authorized by customs.

str. 75- 7.4 Members are encouraged to develop authorized operator schemes on the basis of international standards, where such standards exist, except when such standards would be an inappropriate or ineffective means for the fulfilment of the legitimate objectives pursued. - 7.5 In order to enhance the trade facilitation measures provided to operators, Members shall afford to other Members the possibility of negotiating mutual recognition of authorized operator schemes. - 7.6 Members shall exchange relevant information within the Committee about authorized operator schemes in force.

8 Expedited Shipments

str. 75- 8.1 Each Member shall adopt or maintain procedures allowing for the expedited release of at least those goods entered through air cargo facilities to persons who apply for such treatment, while maintaining customs control. [7] If a Member employs criteria [8] limiting who may apply, the Member may, in published criteria, require that the applicant shall, as conditions for qualifying for the application of the treatment described in paragraph 8.2 to its expedited shipments:
- (a) provide adequate infrastructure and payment of customs expenses related to processing of expedited shipments in cases where the applicant fulfils the Member's requirements for such processing to be performed at a dedicated facility;
- (b) submit in advance of the arrival of an expedited shipment the information necessary for the release;
- (c) be assessed fees limited in amount to the approximate cost of services rendered in providing the treatment described in paragraph 8.2;
- (d) maintain a high degree of control over expedited shipments through the use of internal security, logistics, and tracking technology from pick-up to delivery;
- (e) provide expedited shipment from pick-up to delivery;
- (f) assume liability for payment of all customs duties, taxes, fees, and charges to the customs authority for the goods;
- (g) have a good record of compliance with customs and other related laws and regulations;
- (h) comply with other conditions directly related to the effective enforcement of the Member's laws, regulations, and procedural requirements, that specifically relate to providing the treatment described in paragraph 8.2.

str. 76- 8.2
- (a) minimize the documentation required for the release of expedited shipments in accordance with paragraph 1 of Article 10 and, to the extent possible, provide for release based on a single submission of information on certain shipments;
- (b) provide for expedited shipments to be released under normal circumstances as rapidly as possible after arrival, provided the information required for release has been submitted;
- (c) endeavour to apply the treatment in subparagraphs (a) and (b) to shipments of any weight or value recognizing that a Member is permitted to require additional entry procedures, including declarations and supporting documentation and payment of duties and taxes, and to limit such treatment based on the type of good, provided the treatment is not limited to low value goods such as documents; and
- (d) provide, to the extent possible, for a de minimis shipment value or dutiable amount for which customs duties and taxes will not be collected, aside from certain prescribed goods. Internal taxes, such as value added taxes and excise taxes, applied to imports consistently with Article III of the GATT 1994 are not subject to this provision. - 8.3 Nothing in paragraphs 8.1 and 8.2 shall affect the right of a Member to examine, detain, seize, confiscate or refuse entry of goods, or to carry out post-clearance audits, including in connection with the use of risk management systems. Further, nothing in paragraphs 8.1 and 8.2 shall prevent a Member from requiring, as a condition for release, the submission of additional information and the fulfilment of non-automatic licensing requirements.

9 Perishable Goods [9]

str. 76- 9.1 With a view to preventing avoidable loss or deterioration of perishable goods, and provided that all regulatory requirements have been met, each Member shall provide for the release of perishable goods:
- (a) under normal circumstances within the shortest possible time; and
- (b) in exceptional circumstances where it would be appropriate to do so, outside the business hours of customs and other relevant authorities. - 9.2 Each Member shall give appropriate priority to perishable goods when scheduling any examinations that may be required.

str. 77- 9.3 Each Member shall either arrange or allow an importer to arrange for the proper storage of perishable goods pending their release. The Member may require that any storage facilities arranged by the importer have been approved or designated by its relevant authorities. The movement of the goods to those storage facilities, including authorizations for the operator moving the goods, may be subject to the approval, where required, of the relevant authorities. The Member shall, where practicable and consistent with domestic legislation, upon the request of the importer, provide for any procedures necessary for release to take place at those storage facilities. - 9.4 In cases of significant delay in the release of perishable goods, and upon written request, the importing Member shall, to the extent practicable, provide a communication on the reasons for the delay.

ARTICLE 8: BORDER AGENCY COOPERATION

str. 771. Each Member shall ensure that its authorities and agencies responsible for border controls and procedures dealing with the importation, exportation, and transit of goods cooperate with one another and coordinate their activities in order to facilitate trade. 2. Each Member shall, to the extent possible and practicable, cooperate on mutually agreed terms with other Members with whom it shares a common border with a view to coordinating procedures at border crossings to facilitate cross-border trade. Such cooperation and coordination may include:
3. (a) alignment of working days and hours;
4. (b) alignment of procedures and formalities;
5. (c) development and sharing of common facilities;
6. (d) joint controls;
7. (e) establishment of one stop border post control.

ARTICLE 9: MOVEMENT OF GOODS INTENDED FOR IMPORT UNDER CUSTOMS CONTROL

str. 77Each Member shall, to the extent practicable, and provided all regulatory requirements are met, allow goods intended for import to be moved within its territory under customs control from a customs office of entry to another customs office in its territory from where the goods would be released or cleared.

str. 78ARTICLE 10: FORMALITIES CONNECTED WITH IMPORTATION, EXPORTATION AND TRANSIT

1 Formalities and Documentation Requirements - 1.1 With a view to minimizing the incidence and complexity of import, export, and transit formalities and to decreasing and simplifying import, export, and transit documentation requirements and taking into account the legitimate policy objectives and other factors such as changed circumstances, relevant new information, business practices, availability of techniques and technology, international best practices, and inputs from interested parties, each Member shall review such formalities and documentation requirements and, based on the results of the review, ensure, as appropriate, that such formalities and documentation requirements are:
- (a) adopted and/or applied with a view to a rapid release and clearance of goods, particularly perishable goods;
- (b) adopted and/or applied in a manner that aims at reducing the time and cost of compliance for traders and operators;
- (c) the least trade restrictive measure chosen where two or more alternative measures are reasonably available for fulfilling the policy objective or objectives in question; and
- (d) not maintained, including parts thereof, if no longer required. - 1.2 The Committee shall develop procedures for the sharing by Members of relevant information and best practices, as appropriate.

2 Acceptance of Copies

str. 78- 2.1 Each Member shall, where appropriate, endeavour to accept paper or electronic copies of supporting documents required for import, export, or transit formalities. - 2.2 Where a government agency of a Member already holds the original of such a document, any other agency of that Member shall accept a paper or electronic copy, where applicable, from the agency holding the original in lieu of the original document. - 2.3 A Member shall not require an original or copy of export declarations submitted to the customs authorities of the exporting Member as a requirement for importation. [10]

3 Use of International Standards

str. 78- 3.1 Members are encouraged to use relevant international standards or parts thereof as a basis for their import, export, or transit formalities and procedures, except as otherwise provided for in this Agreement. - 3.2 Members are encouraged to take part, within the limits of their resources, in the preparation and periodic review of relevant international standards by appropriate international organizations.

str. 79- 3.3 The Committee shall develop procedures for the sharing by Members of relevant information, and best practices, on the implementation of international standards, as appropriate. The Committee may also invite relevant international organizations to discuss

their work on international standards. As appropriate, the Committee may identify specific standards that are of particular value to Members.

Single Window

str. 79- 4.1 Members shall endeavour to establish or maintain a single window, enabling traders to submit documentation and/or data requirements for importation, exportation, or transit of goods through a single entry point to the participating authorities or agencies. After the examination by the participating authorities or agencies of the documentation and/or data, the results shall be notified to the applicants through the single window in a timely manner. - 4.2 In cases where documentation and/or data requirements have already been received through the single window, the same documentation and/or data requirements shall not be requested by participating authorities or agencies except in urgent circumstances and other limited exceptions which are made public. - 4.3 Members shall notify the Committee of the details of operation of the single window. - 4.4 Members shall, to the extent possible and practicable, use information technology to support the single window.

5 Preshipment Inspection

str. 79- 5.1 Members shall not require the use of preshipment inspections in relation to tariff classification and customs valuation. - 5.2 Without prejudice to the rights of Members to use other types of preshipment inspection not covered by paragraph 5.1, Members are encouraged not to introduce or apply new requirements regarding their use. [11]

6 Use of Customs Brokers

str. 79- 6.1 Without prejudice to the important policy concerns of some Members that currently maintain a special role for customs brokers, from the entry into force of this Agreement Members shall not introduce the mandatory use of customs brokers. - 6.2 Each Member shall notify the Committee and publish its measures on the use of customs brokers. Any subsequent modifications thereof shall be notified and published promptly. - 6.3 With regard to the licensing of customs brokers, Members shall apply rules that are transparent and objective.

str. 807 Common Border Procedures and Uniform Documentation Requirements

- 7.1 Each Member shall, subject to paragraph 7.2, apply common customs procedures and - uniform documentation requirements for release and clearance of goods throughout its territory. - 7.2 Nothing in this Article shall prevent a Member from:
- (a) differentiating its procedures and documentation requirements based on the nature and type of goods, or their means of transport;
- (b) differentiating its procedures and documentation requirements for goods based on risk management;
- (c) differentiating its procedures and documentation requirements to provide total or partial exemption from import duties or taxes;
- (d) applying electronic filing or processing; or
- (e) differentiating its procedures and documentation requirements in a manner consistent with the Agreement on the Application of Sanitary and Phytosanitary Measures.

8 Rejected Goods

str. 80- 8.1 Where goods presented for import are rejected by the competent authority of a Member on account of their failure to meet prescribed sanitary or phytosanitary regulations or technical regulations, the Member shall, subject to and consistent with its laws and regulations, allow the importer to re-consign or to return the rejected goods to the exporter or another person designated by the exporter. - 8.2 When such an option under paragraph 8.1 is given and the importer fails to exercise it within a reasonable period of time, the competent authority may take a different course of action to deal with such non-compliant goods. 9 Temporary Admission of Goods and Inward and Outward Processing

9.1 Temporary Admission of Goods

str. 80Each Member shall allow, as provided for in its laws and regulations, goods to be brought into its customs territory conditionally relieved, totally or partially, from payment of import duties and taxes if such goods are brought into its customs territory for a specific purpose, are intended for re-exportation within a specific period, and have not undergone any change except normal depreciation and wastage due to the use made of them.

9.2 Inward and Outward Processing

str. 80- (a) Each Member shall allow, as provided for in its laws and regulations, inward and outward processing of goods. Goods allowed for outward processing may be
- re-imported with total or partial exemption from import duties and taxes in accordance with the Member's laws and regulations.

ARTICLE 11: FREEDOM OF TRANSIT

str. 811. Any regulations or formalities in connection with traffic in transit imposed by a Member shall not be:
2. (a) maintained if the circumstances or objectives giving rise to their adoption no longer exist or if the changed circumstances or objectives can be addressed in a reasonably available less trade-restrictive manner;
3. (b) applied in a manner that would constitute a disguised restriction on traffic in transit. 2. Traffic in transit shall not be conditioned upon collection of any fees or charges imposed in respect of transit, except the charges for transportation or those commensurate with administrative expenses entailed by transit or with the cost of services rendered. 3. Members shall not seek, take, or maintain any voluntary restraints or any other similar measures on traffic in transit. This is without prejudice to existing and future national regulations, bilateral or multilateral arrangements related to regulating transport, consistent with WTO rules. 4. Each Member shall accord to products which will be in transit through the territory of any other Member treatment no less favourable than that which would be accorded to such products if they were being transported from their place of origin to their destination without going through the territory of such other Member. 5. Members are encouraged to make available, where practicable, physically separate infrastructure (such as lanes, berths and similar) for traffic in transit. 6. Formalities, documentation requirements, and customs controls in connection with traffic in transit shall not be more burdensome than necessary to:
9. (a) identify the goods; and
10. (b) ensure fulfilment of transit requirements. 7. Once goods have been put under a transit procedure and have been authorized to proceed from the point of origination in a Member's territory, they will not be subject to any customs charges nor unnecessary delays or restrictions until they conclude their transit at the point of destination within the Member's territory.

str. 828. Members shall not apply technical regulations and conformity assessment procedures within the meaning of the Agreement on Technical Barriers to Trade to goods in transit. 9. Members shall allow and provide for advance filing and processing of transit documentation and data prior to the arrival of goods. 10. Once traffic in transit has reached the customs office where it exits the territory of a Member, that office shall promptly terminate the transit operation if transit requirements have been met. 11. Where a Member requires a guarantee in the form of a surety, deposit or other appropriate monetary or non-monetary [12] instrument for traffic in transit, such guarantee shall be limited to ensuring that requirements arising from such traffic in transit are fulfilled. 12. Once the Member has determined that its transit requirements have been satisfied, the guarantee shall be discharged without delay. 13. Each Member shall, in a manner consistent with its laws and regulations, allow comprehensive guarantees which include multiple transactions for same operators or renewal of guarantees without discharge for subsequent consignments. 14. Each Member shall make publicly available the relevant information it uses to set the guarantee, including single transaction and, where applicable, multiple transaction guarantee. 15. Each Member may require the use of customs convoys or customs escorts for traffic in transit only in circumstances presenting high risks or when compliance with customs laws and regulations cannot be ensured through the use of guarantees. General rules applicable to customs convoys or customs escorts shall be published in accordance with Article 1. 16. Members shall endeavour to cooperate and coordinate with one another with a view to enhancing freedom of transit. Such cooperation and coordination may include, but is not limited to , an understanding on:
21. (a) charges;
22. (b) formalities and legal requirements; and
23. (c) the practical operation of transit regimes. 17. Each Member shall endeavour to appoint a national transit coordinator to which all enquiries and proposals by other Members relating to the good functioning of transit operations can be addressed.

ARTICLE 12: CUSTOMS COOPERATION

str. 831 Measures Promoting Compliance and Cooperation - 1.1 Members agree on the importance of ensuring that traders are aware of their compliance obligations, encouraging voluntary compliance to allow importers to selfcorrect without penalty in appropriate circumstances, and applying compliance measures to initiate stronger measures for non-compliant traders. [13]
- 1.2 Members are encouraged to share information on best practices in managing customs compliance, including through the Committee. Members are encouraged to cooperate in technical guidance or assistance and support for capacity building for the purposes of administering compliance measures and enhancing their effectiveness.

2 Exchange of Information

str. 83- 2.1 Upon request and subject to the provisions of this Article, Members shall exchange the information set out in subparagraphs 6.1(b) and/or (c) for the purpose of verifying an import or export declaration in identified cases where there are reasonable grounds to doubt the truth or accuracy of the declaration. - 2.2 Each Member shall notify the Committee of the details of its contact point for the exchange of this information.

3 Verification

str. 83A Member shall make a request for information only after it has conducted appropriate verification procedures of an import or export declaration and after it has inspected the available relevant documentation.

4 Request

str. 83- 4.1 The requesting Member shall provide the requested Member with a written request, through paper or electronic means in a mutually agreed official language of the WTO or other mutually agreed language, including:
- (a) the matter at issue including, where appropriate and available, the number identifying the export declaration corresponding to the import declaration in question;
- (b) the purpose for which the requesting Member is seeking the information or documents, along with the names and contact details of the persons to whom the request relates, if known;

- (c) where required by the requested Member, confirmation [14] of the verification where appropriate;
- (d) the specific information or documents requested;
- (e) the identity of the originating office making the request;
- (f) reference to provisions of the requesting Member's domestic law and legal system that govern the collection, protection, use, disclosure, retention, and disposal of confidential information and personal data. - 4.2 If the requesting Member is not in a position to comply with any of the subparagraphs of paragraph 4.1, it shall specify this in the request.

5 Protection and Confidentiality

str. 84- 5.1 The requesting Member shall, subject to paragraph 5.2:
- (a) hold all information or documents provided by the requested Member strictly in confidence and grant at least the same level of such protection and confidentiality as that provided under the domestic law and legal system of the requested Member as described by it under subparagraphs 6.1(b) or (c);
- (b) provide information or documents only to the customs authorities dealing with the matter at issue and use the information or documents solely for the purpose stated in the request unless the requested Member agrees otherwise in writing;
- (c) not disclose the information or documents without the specific written permission of the requested Member;
- (d) not use any unverified information or documents from the requested Member as the deciding factor towards alleviating the doubt in any given circumstance;
- (e) respect any case-specific conditions set out by the requested Member regarding retention and disposal of confidential information or documents and personal data; and
- (f) upon request, inform the requested Member of any decisions and actions taken on the matter as a result of the information or documents provided. - 5.2 A requesting Member may be unable under its domestic law and legal system to comply with any of the subparagraphs of paragraph 5.1. If so, the requesting Member shall specify this in the request. - 5.3 The requested Member shall treat any request and verification information received under paragraph 4 with at least the same level of protection and confidentiality accorded by the requested Member to its own similar information. - 6.1 Subject to the provisions of this Article, the requested Member shall promptly:
- (a) respond in writing, through paper or electronic means;
- (b) provide the specific information as set out in the import or export declaration, or the declaration, to the extent it is available, along with a description of the level of protection and confidentiality required of the requesting Member;
- (c) if requested, provide the specific information as set out in the following documents, or the documents, submitted in support of the import or export declaration, to the extent it is available: commercial invoice, packing list, certificate of origin and bill of lading, in the form in which these were filed, whether paper or electronic, along with a description of the level of protection and confidentiality required of the requesting Member;
- (d) confirm that the documents provided are true copies;
- (e) provide the information or otherwise respond to the request, to the extent possible, within 90 days from the date of the request.

6.2 The requested Member may require, under its domestic law and legal system, an assurance prior to the provision of information that the specific information will not be used as evidence in criminal investigations, judicial proceedings, or in noncustoms proceedings without the specific written permission of the requested Member. If the requesting Member is not in a position to comply with this requirement, it should specify this to the requested Member.

7 Postponement or Refusal of a Request

str. 85- 7.1 A requested Member may postpone or refuse part or all of a request to provide information, and shall inform the requesting Member of the reasons for doing so, where:
- (a) it would be contrary to the public interest as reflected in the domestic law and legal system of the requested Member;
- (b) its domestic law and legal system prevents the release of the information.

str. 86In such a case it shall provide the requesting Member with a copy of the relevant, specific reference;
- (c) the provision of the information would impede law enforcement or otherwise interfere with an on-going administrative or judicial investigation, prosecution or proceeding;
- (d) the consent of the importer or exporter is required by its domestic law and legal system that govern the collection, protection, use, disclosure, retention, and disposal of confidential information or personal data and that consent is not given; or - (e) the request for information is received after the expiration of the legal requirement of the requested Member for the retention of documents. - 7.2 In the circumstances of paragraphs 4.2, 5.2, or 6.2, execution of such a request shall be at the discretion of the requested Member.

8 Reciprocity

str. 86If the requesting Member is of the opinion that it would be unable to comply with a similar request if it was made by the requested Member, or if it has not yet implemented this Article, it shall state that fact in its request. Execution of such a request shall be at the discretion of the requested Member.

9 Administrative Burden

str. 86- 9.1 The requesting Member shall take into account the associated resource and cost implications for the requested Member in responding to requests for information. The requesting Member shall consider the proportionality between its fiscal interest in pursuing its request and the efforts to be made by the requested Member in providing the information. - 9.2 If a requested Member receives an unmanageable number of requests for information or a request for information of unmanageable scope from one or more requesting Member(s) and is unable to meet such requests within a reasonable time, it may request one or more of the requesting Member(s) to prioritize with a view to agreeing on a practical limit within its resource constraints. In the absence of a mutually-agreed approach, the execution of such requests shall be at the discretion of the requested Member based on the results of its own prioritization.

10 Limitations

str. 86A requested Member shall not be required to:

- (a) modify the format of its import or export declarations or procedures;
- (b) call for documents other than those submitted with the import or export declaration as specified in subparagraph 6.1(c);
- (c) initiate enquiries to obtain the information;
- (d) modify the period of retention of such information;
- (e) introduce paper documentation where electronic format has already been introduced;
- (f) translate the information;
- (g) verify the accuracy of the information; or

(h) provide information that would prejudice the legitimate commercial interests of particular enterprises, public or private.

11 Unauthorized Use or Disclosure

str. 87- 11.1 In the event of any breach of the conditions of use or disclosure of information exchanged under this Article, the requesting Member that received the information shall promptly communicate the details of such unauthorized use or disclosure to the requested Member that provided the information and:
- (a) take necessary measures to remedy the breach;
- (b) take necessary measures to prevent any future breach; and
- (c) notify the requested Member of the measures taken under subparagraphs (a) and (b). - 11.2 The requested Member may suspend its obligations to the requesting Member under this Article until the measures set out in paragraph 11.1 have been taken.

12 Bilateral and Regional Agreements

str. 87- 12.1 Nothing in this Article shall prevent a Member from entering into or maintaining a bilateral, plurilateral, or regional agreement for sharing or exchange of customs information and data, including on a secure and rapid basis such as on an automatic basis or in advance of the arrival of the consignment. - 12.2 Nothing in this Article shall be construed as altering or affecting a Member's rights or obligations under such bilateral, plurilateral, or regional agreements, or as governing the exchange of customs information and data under such other agreements. - [1] Each Member has the discretion to state on its website the legal limitations of this description. - [2] Under this paragraph: (a) a review may, either before or after the ruling has been acted upon, be provided by the official, office, or authority that issued the ruling, a higher or independent administrative authority, or a judicial authority; and (b) a Member is not required to provide the applicant with recourse to paragraph 1 of Article 4. - [3] It is understood that an advance ruling on the origin of a good may be an assessment of origin for the purposes of the Agreement on Rules of Origin where the ruling meets the requirements of this Agreement and the Agreement on Rules of Origin.

str. 89BORDER TRADE IN SERVICES

Article 7.1 Definitions

Article 7.2 Scope and Coverage

str. 91Articles 7.4 (Market Access) and 7.7 (Domestic Regulation) also apply to measures by a Party affecting the supply of a service in its territory by an investor of the other Party or a covered investment as defined in Article 12.1 (Definitions) of Chapter 12 (Investment Chapter) [1] . 3. This Chapter does not apply to:
- (a) government procurement; and
- (b) subsidies or grants provided by a Party, including government-supported loans, guarantees and insurance, or any conditions attached to the receipt or continued receipt of such subsidies or grants, whether or not such subsidies or grants are offered exclusively to domestic services, service consumers or service suppliers. 4. This Chapter shall not apply to measures affecting natural persons seeking access to the employment market of a Party, nor shall it apply to measures regarding citizenship, residence or employment on a permanent basis. 5. This Chapter does not apply to services supplied in the exercise of governmental authority within the territory of each respective Party. 6. Nothing in this Chapter shall prevent a Party from applying measures to regulate the entry of natural persons of the other Party into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across, its borders, provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to the other Party under the terms of this Chapter [2] . 7. This Chapter shall not apply to financial services except that paragraph 2 shall apply where the service is supplied by an investor or investment of the other Party that is not an investor or an investment in a financial institution (as defined in Article 10.1

str. 92(Definitions) of Chapter 10 (Financial Services) in the Party's territory. 8. This Chapter shall not apply to air services, including domestic and international air transportation services, whether scheduled or non-scheduled, and related services in support of air services, other than measures affecting:
2. (a) aircraft repair and maintenance services;
3. (b) selling and marketing of air transport services; and
4. (c) computer reservation system (CRS) services. 9. Each Party retains the right to regulate and to introduce new regulations to meet legitimate policy objectives in a manner consistent with this Chapter.

Article 7.3 National Treatment [3]

str. 92Each Party shall accord to service suppliers of the other Party treatment no less favourable than that it accords, in like circumstances, to its own service suppliers.

Article 7.4 Market Access

str. 93A Party shall not adopt or maintain, either on the basis of a regional subdivision or on the basis of its entire territory, measures that:

- (a) limit the number of service suppliers whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirement of an economic needs test;
- (b) limit the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test;

- (c) limit the total number of service operations or the total quantity of services output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test [4] ;
- (d) limit the total number of natural persons that may be employed in a particular service sector or that a service supplier may employ and who are necessary for, and directly related to, the supply of a specific service in the form of numerical quotas or the requirement of an economic needs test; and
- (e) restrict or require specific types of legal entity or joint venture through which a service supplier may supply a service.

Article 7.5 Local Presence

str. 93A Party shall not require a service supplier of the other Party to establish or maintain a representative office or any form of enterprise, or to be resident, in its territory as a condition for the cross-border supply of a service.

Article 7.6 Non-Conforming Measures

str. 931. Articles 7.3 (National Treatment), 7.4 (Market Access), and 7.5 (Local Presence) do not apply to:
2. (a) any existing non-conforming measure that is maintained by a Party, as set out by that Party in its Schedule to Annex 7-A;
3. (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or
4. (c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure, as it existed at the date of the entry into force of this Agreement, with Article 7.3 (National Treatment), Article 7.4 (Market Access), and Article 7.5 (Local Presence). 2. Article 7.3 (National Treatment), Article 7.4 (Market Access), and Article 7.5 (Local Presence) do not apply to any measure that a Party adopts or maintains with respect to sectors, sub-sectors or activities as set out in its Schedule to Annex 7-B.

Article 7.7 Domestic Regulation

str. 931. Each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner. 2. With a view to ensuring that domestic regulation, including measures relating to qualification requirements and procedures, technical standards and licensing requirements, do not constitute unnecessary barriers to trade in services, the Parties shall endeavour to ensure, as appropriate, for individual sectors, that such measures are:
3. (a) based on objective and transparent criteria, such as competence and the ability to supply the service;
4. (b) not more burdensome than necessary to ensure the quality of the service; and
5. (c) in the case of licensing procedures, not in themselves a restriction on the supply of the service. 3. Where authorisation is required for the supply of a service, the competent authorities of a Party shall promptly, after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application. At the request of the applicant, the competent authorities of the Party shall provide, without undue delay, information concerning the status of the application. 4. If the results of the negotiations related to Article VI:4 of the GATS (or the results of any similar negotiations undertaken in other multilateral fora in which the Parties participate) enter into effect for the Parties, this Article shall be amended, as appropriate, after consultations between the Parties, to bring those results into effect under this Agreement. The Parties agree to coordinate on such negotiations, as appropriate.

Article 7.8 Recognition

str. 951. For the purposes of the fulfilment, in whole or in part, of its standards or criteria for the authorisation, licensing or certification of services suppliers, and subject to the requirements of paragraph 4, a Party may recognise the education or experience obtained, requirements met, or licences or certifications granted in a particular country or customs territory, including the other Party and non-Parties. Such recognition, which may be achieved through harmonisation or otherwise, may be based upon an agreement or arrangement with the country or customs territory concerned or may be accorded autonomously. 2. Where a Party recognises, autonomously or by agreement or arrangement, the education or experience obtained, requirements met or licences or certifications granted in the territory of a non-Party, nothing shall be construed to require the Party to accord such recognition to the education or experience obtained, requirements met or licences or certifications granted in the territory of the other Party. 3. A Party that is a party to an agreement or arrangement of the type referred to in paragraph 1, whether existing or future, shall afford adequate opportunity for the other Party, if the other Party is interested, to negotiate its accession to such an agreement or arrangement or to negotiate comparable ones with it. Where a Party accords recognition autonomously, it shall afford adequate opportunity for the other Party to demonstrate that education, experience, licences, or certifications obtained or requirements met in that other Party's territory should be recognised. 4. A Party shall not accord recognition in a manner which would constitute a means of discrimination between countries or customs territories in the application of its standards or criteria for the authorisation, licensing or certification of services suppliers, or a disguised restriction on trade in services.

Article 7.9 Transfers and Payments

str. 96Each Party shall permit all transfers and payments relating to the cross-border supply of services to be made freely and without delay into and out of its territory. 2. Each Party shall permit such transfers and payments relating to the cross-border supply of services to be made in a freely usable currency at the market rate of exchange prevailing on the date of transfer. 3. Notwithstanding paragraphs 1 and 2, a Party may prevent or delay a transfer or payment through the equitable, non-discriminatory and good faith application of its laws relating to:
4. Nothing in this Chapter shall affect the rights and obligations of the members of the International Monetary Fund under the Articles of Agreement of the International Monetary Fund , including the use of exchange actions which are consistent with such Articles of Agreement , provided that a Party shall not impose restrictions on any capital transactions inconsistently with its obligations under this Chapter regarding such transactions, except under Article 18.6 (Restrictions to Safeguard the Balanceof-Payments) of Chapter 18 (Institutional, General and Final Provisions) or at the request of the International Monetary Fund . - (a) bankruptcy, insolvency or the protection of the rights of creditors;

- (b) issuing, trading or dealing in securities, futures, options, or derivatives;

- (c) financial reporting or record keeping of transfers when necessary to assist law enforcement or financial regulatory authorities;

- (d) criminal or penal offenses;

- (e) ensuring compliance with orders or judgments in judicial or administrative proceedings; or

- (f) social security, public retirement or compulsory savings schemes.

Article 7.10 Denial of Benefits

str. 96A Party may deny the benefits of this Chapter to a service supplier of the other Party if the service is being supplied by an enterprise that has no substantive business operations in the territory of the other Party and it is owned or controlled by persons of a non-Party or the denying Party.

Article 7.11 Review of Commitments

str. 971. If, after this Agreement enters into force, a Party enters into any agreement on trade in services with a non-Party, it shall give positive consideration to a request by the other Party for the incorporation herein of treatment no less favourable than that provided under the aforesaid agreement. 2. If, after this Agreement enters into force, a Party further liberalises any of its nonconforming measures in Annex 7-A or sectors, subsectors, or activities in Annex 7-B unilaterally, it shall give positive consideration to a request by the other Party for the incorporation herein of the unilateral liberalisation. 3. Parties shall discuss in the Joint Committee any request made under paragraph 1 or paragraph 2. 4. If, after this Agreement enters into force, a service previously supplied in the exercise of governmental authority is subsequently supplied on a commercial basis or in competition with one or more service suppliers, the Party concerned may modify or add to its reservations in respect of that service. At the request of the other Party, the Party concerned shall enter into consultations with a view to ensuring the maintenance of the overall balance of commitments undertaken by each Party under this Agreement. - [1] The Parties understand that nothing in this Chapter, including this paragraph, is subject to investor-state dispute settlement pursuant to Section 12-B (Investor-State Dispute Settlement) of Chapter 12 (Investment). - [2] The sole fact of requiring a visa for natural persons of certain countries and not for those of others shall not be regarded as nullifying or impairing benefits under the Agreement. - [3] This Article shall not be construed to require either Party to compensate for any inherent competitive disadvantages which result from the foreign character of the relevant service suppliers. - [4] This paragraph does not cover measures of a Party which limit inputs for the supply of services. ANNEX 7-A

NON-CONFORMING MEASURES

SCHEDULE OF SINGAPORE

str. 98Explanatory Note

1. The Schedule of Singapore to this Annex sets out, pursuant to Articles 7.6 (NonConforming Measures) of Chapter 7 (Cross Border Trade in Services) and Article 12.9 (Non-Conforming Measures) of Chapter 12 (Investment), the reservations taken by Singapore with respect to measures that do not conform to some or all of the obligations imposed by:
2. (a) Article 7.4 (Market Access) of Chapter 7 (Cross Border Trade in Services);
3. (b) Article 7.3 (National Treatment) of Chapter 7 (Cross Border Trade in Services) or Article 12.4 (National Treatment) of Chapter 12 (Investment);
4. (c) Article 12.5 (Most-Favoured-Nation Treatment) of Chapter 12 (Investment);
5. (d) Article 7.5 (Local Presence) of Chapter 7 (Cross Border Trade in Services);
6. (e) Article 12.7 (Performance Requirements) of Chapter 12 (Investment); or
7. (f) Article 12.8 (Senior Management and Board of Directors) of Chapter 12 (Investment). 2. All measures affecting Article 7.3 (National Treatment), Article 7.4 (Market Access) and Article 7.5 (Local Presence) of Chapter 7 (Cross Border Trade in Services) and Article 12.4 (National Treatment), Article 12.5 (Most-Favoured-Nation Treatment) Article 12.7 (Performance Requirement) and Article 12.8 (Senior Management & Board of Directors) of Chapter 12 (Investment), shall be stated in the Description of Reservation element. In the interpretation of a reservation, all elements of the reservations shall be considered in their totality. 3. A National Treatment reservation includes a reservation in respect of National Treatment under Chapter 7 (Cross Border Trade in Services) and Chapter 12 (Investment) unless the context or circumstances require otherwise. 4.

str. 100(B) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and - (f) Description of Reservation, for Singapore, sets out the non-conforming measures to which the reservation applies. 1. Sector All

Sub-Sector

-

Industry Classification

-

Type of Reservation

Source of Measure

National Treatment (Article 7.3 and Article 12.4) Market Access (Article 7.4)

Insurance Act, Cap. 142, MAS Notice 149

Banking Act, Cap. 19, MAS Notice 757

Finance Companies Act, Cap. 108, MAS Notice 816

Monetary Authority of Singapore Act, Cap. 186, MAS Notice 1105

Securities and Futures Act 2001, Act 42 of 2001, MAS Notice 1201

Description of Reservation Cross Border Trade in Services and Investment:

A non-resident financial institution may in certain circumstances be unable to borrow in Singapore dollars more than S$5 million from a resident financial institution owing to the following restrictions placed on financial institutions' lending of the Singapore dollar to non-resident financial institutions. A financial institution shall not extend to any non-resident financial institution Singapore dollar (S$) credit facilities exceeding S$5 million per non-resident financial institution:

- (a) where the S$ proceeds are to be used outside of Singapore, unless:

(A) such proceeds are swapped or converted into foreign

str. 102Description of Reservation Investment:

The aggregate of foreign shareholdings in PSA Corporation and/or its successor body is subject to a 49% limit. The 'aggregate of foreign shareholdings' is defined as the total number of shares owned by:

- (a) any individual who is not a Singapore citizen;
- (b) any corporation which is not more than 50% owned by Singapore citizens or by the Singapore Government; and/or
- (c) any other enterprise which is not owned or controlled by the Singapore Government. 3. Sector All

Sub-Sector

-

Industry Classification

-

Type of Reservation

National Treatment (Article 12.4)

Source of Measure This is an administrative policy of the Government of Singapore and is inscribed in the Memorandum and Articles of Association of the relevant enterprises below

str. 103Description of Reservation Investment:

All individual investors, apart from the Singapore government, will be subject to the following equity ownership limits in the enterprises, and/or its successor bodies, as listed below:

- (a) Singapore Technologies Engineering - 15%;

- (b) PSA Corporation - 5%;

- (c) Singapore Airlines - 5%;

- (d) Singapore Power, Power Grid, Power Supply, Power Gas - 10%. For the purposes of this reservation, ownership of equity by an investor in these enterprises and/or its successor bodies includes both direct and indirect ownership of equity. 4. Sector All

Sub-Sector - Industry Classification - Type of Reservation Local Presence (Article 7.5)

National Treatment (Article 7.3 and Article 12.4)

Source of Measure

Business Registration Act, Cap. 32

Business Registration Regulations

Companies Act, Cap. 50

Limited Liability Partnerships Act, Cap. 163A

Limited Liability Partnerships Regulations

Limited Partnerships Act, Cap. 163B

Limited Partnerships Regulations

Description of Reservation Cross Border Trade in Services and Investment:

Business Registration Act, Cap.

str. 10432, 2001 Revised Edition

Where a person is required to be registered under the Business Registration Act (Cap. 32, 2001 Revised Edition) is, or in the case of any corporation, the directors are, or the secretary of the corporation is, not ordinarily resident in Singapore, a local manager* must be appointed. Companies Act, Cap. 50, 1994 Revised Edition

All locally incorporated companies shall have at least 1 director who is ordinarily resident in Singapore. All branches of foreign companies registered in Singapore shall have at least 2 agents resident in Singapore. Limited Liability Partnerships Act, Cap. 163A, 2006 Revised Edition

Every limited liability partnership shall ensure that it has at least 1 manager who is ordinarily resident in Singapore. Limited Partnerships Act, Cap. 163B, 2010 Revised Edition Where every general partner of a limited partnership registered or to be registered under this Act is ordinarily resident outside Singapore, a local manager* may need to be appointed. *Persons who qualify to be appointed in such a capacity are primarily Singapore citizens, Singapore permanent residents and EntrePass holders (all with local address). 5. Sector All

Sub-Sector

-

Industry Classification

-

Type of ReservationType of Reservation

National Treatment (Article 12.4)

str. 105Most-Favoured-Nation Treatment (12.5)

Source of Measure

State Lands Act, Cap. 314, Sections 3 and 19 (1)

Description of Reservation

Investment:

Singapore may divest State Land in a manner inconsistent with Articles on National Treatment, and Most-FavouredNation Treatment. 6. Sector Business Services

Sub-Sector

Architectural services includes preparing and selling or supplying for gain or reward any architectural plan, drawing, tracing, design, specification, or the like for use in the construction, enlargement or alteration of any building or part thereof. It includes the certification and inspection of buildings for compliance with a building authority or public authority. Industry Classification

-

Type of Reservation

National Treatment (Article 7.3 and Article 12.4)

Local Presence (Article 7.5)

Source of Measure

Architects Act, Cap.12, 2000 Revised Edition

Description of Reservation

Cross Border Trade in Services and Investment:

Only persons who are registered with the Board of Architects (BOA) and/or its successor body and resident in Singapore are allowed to provide architectural services. All corporations, limited liability partnerships and partnerships (including those which are providing architectural services as part of a multi-disciplinary corporation or practice) providing architectural services shall obtain a licence from the Board of Architects (BOA) and/or its successor body. To qualify for the licence, the corporation or partnership shall:

- (a)
- be under the control and management of a director or partner who is a Singapore-

registered architect; where a multi-disciplinary corporation or partnership is concerned, the business of the corporation or partnership relating to architectural services shall be under the control and management of a director or partner who is a Singapore-registered architect; and

- (b) where limited corporations are concerned, the majority of the directors of a corporation shall be Singapore-registered architects or allied professionals; where unlimited corporations are concerned, the majority of directors shall be

registered professional architects or allied professionals who have in force practicing certificates; where partnerships are concerned, the beneficial interest in the capital assets and profits of the partnership shall be held by Singapore-registered architects or allied professionals who have in force practicing certificates.

str. 107Allied professionals are Singapore-registered land surveyors and engineers. 7. Sector Business Services

Sub-Sector Public Accountancy Services (including statutory audit)

Industry Classification CPC 86211 Financial auditing services CPC 86309 Other Tax-related services

National Treatment (Article 7.3 and Article 12.4)

Type of Reservation Local Presence (Article 7.5)

Accountants Act, Cap. 2, Sections 2, 10(1), 17(3)(d), 18(3)(c) and 18A(3)(e)

Source of Measure Accountants (Public Accountants) Rules, Cap. 2, R1 - Second Schedule, Paragraph 7 Companies Act, Cap. 50, Section 9

Description of Reservation Cross Border Trade in Services and Investment:

Only public accountants, accounting firms, accounting corporations or accounting LLPs may provide public accountancy services. Public accountants must be registered with the Accounting and Corporate Regulatory Authority (ACRA) and fulfil the registration requirements under the

Accountants Act, including requirements pertaining to qualifications, experience as well as membership with the Institute of Singapore Chartered Accountants (ISCA).

str. 108Accounting firms, accounting corporations and accounting LLPs must be approved by the Public Accountants Oversight Committee, which is a Board Committee of ACRA under the Accountants Act. The business of an accounting firm, accounting corporation or an accounting LLP, so far as it relates to the provision/supply of public accountancy services in Singapore, shall be under the control and management of one or more directors (in the case of accounting corporation) or a partner (in the case of accounting firm) who is / are (a) public accountant(s) ordinarily resident in Singapore . ```
8. Sector Business Services - Professional Services Sub-Sector Land Surveying Services Industry Classification -Type of Reservation National Treatment (Article 7.3 and Article 12.4) Local Presence (Article 7.5) Source of Measure Land Surveyors Act, Cap. 156, 2012 Revised Edition, Sections 12 - 23 Land Surveyors Rules, Rules 2 - 20 Description of Reservation Cross Border Trade in Services and Investment:
```

All persons seeking to provide land surveying services in Singapore are required to register with the Land Surveyors Board (LSB) and/or its successor body, and physically present in Singapore for the duration of the land surveying project which requires his supervision and/or certification.

str. 109All corporations, limited liability partnerships and partnerships (including those which are providing land surveying services as part of a multi-disciplinary corporation or practice) seeking to provide land surveying services must obtain a licence from the Board. To qualify for the licence, the corporation or partnership must:

- (a) be under the control and management of a director or partner who is a Singaporeregistered surveyor; where a multi-

disciplinary corporation or partnership is concerned, the business of the corporation or partnership relating to land surveying services must be under the control and management of a director or partner who is a Singapore-registered surveyor; and

- (b) where limited corporations are concerned, a simple majority of its directors must be Singapore-registered surveyors or allied professionals; where unlimited corporations are concerned, the directors or members shall be Singapore-registered surveyors or allied professionals; where partnerships are concerned, only Singapore-registered surveyors and allied professionals can have a

beneficial interest in the capital assets and profits of the partnership. Allied professionals are Singapore-registered engineers and architects. 9. Sector Business Services

Sub-Sector

Patent Agent Services

Industry Classification

-

Type of Reservation

str. 110National Treatment (Article 7.3 and Article 12.4)

Local Presence (Article 7.5)

Source of Measure

Patents Act, Cap. 221, 1995 Revised Edition

Description of Reservation

Cross Border Trade in Services and Investment:

Only service suppliers registered with the Intellectual Property Office of Singapore (IPOS) and/or its successor body and resident in Singapore shall be allowed to carry on a business, practise or act as a patent agent in Singapore. Only service suppliers which have at least 1 Singaporeregistered patent agent resident in Singapore either as a director or partner, shall be allowed to carry on a business, practise or act as a patent agent in Singapore. 10. Sector Business Services

Sub-Sector

Placement and supply services of personnel

Industry Classification

CPC 87204 Supply services of domestic help personnel

Type of Reservation

Local Presence (Article 7.5)

Source of Measure Employment Agencies Act, Cap. 92

str. 111Description of Reservation Cross Border Trade in Services:

Only service suppliers with local presence shall be allowed to set up employment agencies and place foreign workers in Singapore. These agencies are not the direct employer of foreign workers in Singapore. They serve as intermediaries to help source and supply foreign workers to employers of these workers. Thus, this reservation shall be read with the Annex 7-B reservation relating to the supply of a service by a natural person. 11. Sector Business Services

Sub-Sector Professional Engineering Services

Professional engineering services includes any professional service, consultation, investigation, evaluation, planning, design or responsible supervision of construction or operation in connection with any public or privately owned public utilities, buildings, machines, equipment, processes, works or projects wherein the public interest and welfare, or the safeguarding of life, public health or property is concerned or involved, and that requires the application of engineering principles and data. Industry Classification

-

Type of Reservation

National Treatment (Article 7.3 and Article 12.4)

Source of Measure

Professional Engineers Act, Cap.

str. 112253, Sections 10, 11, 20 - 26

Description of Reservation

Cross Border Trade in Services and Investment:

Only persons who are registered with or firms which are licensed by the Professional Engineers Board (PEB) are allowed to provide professional engineering services in Singapore in prescribed branches of engineering, namely: civil, electrical and mechanical engineering. The implementation in Singapore of professional engineering works which require approval by the authorities shall be carried out by a professional engineer physically present in Singapore for the duration when the project is being implemented. All corporations, multi-discipline partnerships and limited liability partnerships providing professional engineering services shall obtain a licence from Professional Engineering Board and/or its successor body.

str. 113To qualify for the licence, the corporation or multi-disciplinary partnership and limited liability partnership shall meet the following requirements:

- (a) the business of the corporation, multi-

discipline partnership or limited liability partnership relating to professional engineering services shall be under the control and management of a director or a partner who is a Singapore-registered professional engineer and who has a valid practising certificate and who, in the case of corporations or limited liability partnerships, is authorised under a resolution of the board of directors of the corporation or partners of the limited liability partnership to make all final engineering decisions on behalf of the corporation or limited liability partnership; and

(b) where limited or unlimited corporations are concerned, not less than 51% of the directors shall be Singapore-registered professional engineers or allied professionals; where multi-disciplinary partnerships are concerned, the beneficial interest in the capital assets and profits of the partnerships shall be held by Singapore-registered professional engineers or allied professionals; where limited liability partnerships are concerned, partners shall be Singapore- registered professional engineers or allied professionals, licensed corporations or licensed limited liability partnerships. Allied professionals are Singapore-registered land surveyors and architects. 12. Sector Business Services

Sub-Sector Real Estate Services

Industry Classification

CPC 82202 Non-residential property management services on a fee or contract basis

Type of Reservation

National Treatment (Article 7.3 and Article 12.4)

Market Access (Article 7.4)

Source of Measure Sentosa Development Corporation Act, Cap.

str. 114291, Revised Edition 1998 (30 May 1998), Paragraph 9

Description of Reservation Cross Border Trade in Services and Investment:

Only the Sentosa Development Corporation and/or its successor body shall be allowed to develop and manage the resort island of Sentosa and its waterways and the Southern Islands of Singapore. For the purpose of this reservation, the 'Southern Islands of Singapore' are St. John's Island, Lazarus Island, Kusu Island, Pulau Renggit, Sister's Island, Pulau Hantu, Pulau Biola, Pulau Jong and Pulau Tekukor. 13. Sector Business Services

Sub-Sector

Technical testing and analysis services

Industry Classification CPC 86769 Other technical testing and analysis services

Market Access (Article 7.4)

Type of Reservation Local Presence (Article 7.5)

Source of Measure

Revised Edition

Animals and Birds Act, Cap. 7, 2002 Revised Edition

Control of Plants Act, Cap.

str. 11557A, 2000 Revised Edition

Description of Reservation Cross Border Trade in Services:

Only service suppliers with local presence shall be allowed to provide testing, analytical and certification services on animals, plants, and products derived from animals and plants which are physically present in Singapore, including but not limited to, where such items are intended for import, export and import for the purposes of re-export. Singapore reserves the right and flexibility to modify and/or increase the items as defined and/or listed in the Animals and Birds Act and the Control of Plants Act. Agri-Food and Veterinary Authority Act, Cap. 5, 2001

14. Sector Business Services

Sub-Sector

Private Investigation Services

Unarmed Guard Services

Industry Classification

CPC 87301 Investigation Services

CPC 87302 Security Consultation Services

CPC 87305 Guard Services (only applies to unarmed security guard services)

Type of Reservation

National Treatment (Article 7.3 and Article 12.4)

Market Access (Article 7.4)

Most Favoured Nation (Article 12.5)

Local Presence (Article 7.5)

Senior Management and Board of Directors (Article 12.8)

Source of Measure

Private Security Industry Act 2007

Description of Reservation

Cross Border Trade in Services and Investment:

Only service suppliers who meet the criteria and the licensing conditions as listed in the Private Security Act Section 21 may apply for the licence to provide unarmed guard services. Foreigners are permitted to set up legal persons to provide unarmed guards for hire but must register a company with local participation. At least 2 of the directors must be a Singapore citizen or Singapore permanent resident.

str. 116Foreigners shall not be allowed to work as guards, but can be involved in the administration of the company. The foreign directors shall produce a certificate of no criminal conviction from their country of origin or a statutory declaration before a local commissioner of oaths. Please also note Singapore's reservation for armed guard services in Annex 7-B. 15. Sector Education Services

Sub-Sector Higher Education Services in relation to the training of doctors

Industry Classification CPC 92390 Other Higher Education Services

(Only applies to Higher Education Services in relation to the training of doctors)

Type of Reservation National Treatment (Article 7.3 and Article 12.4) Market Access (Article 7.4)

Medical Registration Act, Part V, Specialist Accreditation

Source of Measure Board, Sections 2, 3, 34 and 35 Private Education Act 2009

Description of Reservation

Cross Border Trade in Services and Investment:

Only local tertiary institutions shall be allowed to operate undergraduate or graduate programmes for the training of doctors.

str. 117Local tertiary institutions are tertiary institutions which are established pursuant to an Act of Parliament. 16. Sector Health and Social Services

Sub-Sector

Medical Services

Pharmacy Services

Deliveries and related services, services and allied health services

nursing services, physiotherapeutic and para-medical

Optometrists and Opticians

Industry Classification

-

Type of Reservation

Local Presence (Article 7.5)

Source of Measure

Medical Registration Act, Cap. 174

Pharmacists Registration Act, Cap. 230

Medicines Act, Cap. 176,

Medicines (Registration of Pharmacies) Regulations, Cap. 176, Regulation 4

Allied Health Professions Act, Act 1 of 2011

Optometrists and Opticians Act, Cap. 213A

Description of Reservation Cross Border Trade in Services:

Only persons who are resident in Singapore are allowed to provide the following services: medical services pharmacy services, deliveries and related services, nursing services, physiotherapeutic and para-medical services and allied health services and optometry and opticianry services. 17. Sector Import, export and trading services

Sub-Sector

-

Industry Classification

-

Type of Reservation

Market Access (Article 7.4)

Local

str. 118Presence (Article 7.5)

Source of Measure

Regulation of Imports and Exports Act, Cap. 272A

Regulation of Imports and Exports Regulations

Description of Reservation Cross Border Trade in Services:

Only services suppliers with local presence shall be allowed to apply for import/export permits, certificates of origin or other trade documents from the relevant authorities. 18. Sector Telecommunication Services

Sub-Sector Telecommunication Services Industry Classification -Type of Reservation National Treatment (Article 7.3) Market Access (Article 7.4) Local Presence (Article 7.5)

Info-communications Development Authority of Singapore

Source of Measure Act, Cap. 137A, 2000 Rev Ed Telecommunications Act, Cap. 323, 2000 Rev Ed

Description of Reservation Cross Border Trade in Services:

Facilities-based operators and service-based operators must be locally incorporated under the Companies Act, Cap. 50, 2006 Rev Ed. 'Facilities-based operators' are operators who deploy any form of telecommunication networks, systems and facilities, outside of their own property boundaries, to offer telecommunication services to third parties , which may include other licensed telecommunication operators, business customers, or the general public. 'Service-based operators' are operators who lease telecommunication network elements (such as transmission capacity and switching services) from any Facilities-Based Operator (FBO) licensed by Infocomm Development Authority of Singapore (IDA) so as to provide their own telecommunication services, or to resell the telecommunication services of FBOs to third parties. The number of licences granted will be limited only by resource constraints, such as the availability of radio frequency spectrum. In view of spectrum constraints, parties interested in deploying networks based on wireless technology may be licensed to use radio frequency spectrum via a tender or auction process. 19. Sector Power Supply

Sub-Sector

-

Industry Classification

-

Type of Reservation

National Treatment (Article 7.3)

Market Access (Article 7.4)

Source of Measure Electricity Act, Cap. 89A, 2002 Revised Edition, Sections 6(1) and 9(1)

Description of Reservation Cross Border Trade in Services:

Power producers, whether or not foreign-owned

str. 120and whether located within or outside Singapore, shall only sell power through the Singapore electricity wholesale market and shall not be allowed to sell directly to consumers. The amount of power supplied cumulatively by power producers located outside of Singapore to Singapore's wholesale power market shall not exceed 600 MW. Singapore reserves the right and flexibility to revise and/or reduce the power supply threshold of 600MW. 20. Sector Power Supply

Sub-Sector

-

Industry Classification

-

Type of Reservation National Treatment (Article 7.3 and Article 12.4)

Market Access (Article 7.4)

Source of Measure

Electricity Act, Cap. 89A, 2002 Revised Edition, Sections 6(1) and 9(1)

Description of Reservation Cross Border Trade in Services and Investment:

Only SP Services Ltd and/or its successor body shall be allowed to supply electricity to:

- (a) all household consumers of electricity; and
- (b) non-household consumers of electricity whose Average monthly consumption is below 8,000kWh; and
- (c) consumers whose electricity is supplied at single-phase low voltage. 21. Sector Power Transmission and Distribution

str. 121Sub-Sector

-

Industry Classification

-

Type of Reservation

National Treatment (Article 7.3 and Article 12.4)

Market Access (Article 7.4)

Source of Measure

Electricity Act, Cap. 89A, 2002 Revised Edition, Sections 6(1) and 9(1)

Description of Reservation Cross Border Trade in Services and Investment:

Only Power Grid Ltd and/or its successor body shall be the transmission licencee as defined in the Electricity Act. Power Grid Ltd and/or its successor body shall be the sole owner and operator of the electricity transmission and distribution network in Singapore. 22.

str. 122Sector Tourism and Travel Related Services

Sub-Sector

Beverage serving services for consumption on the premises Meal serving services in eating facilities run by the government

Retail sales of foods

CPC 643 Beverage serving services for consumption on the premises. CPC 642 Food serving services

CPC 6310 Retail sales of food

Type of Reservation

National Treatment (Article 7.3 and Article 12.4)

Market Access (Article 7.4)

Local Presence (Article 7.5)

Source of Measure

Environmental Public Health Act, Cap.

str. 12395, 1999 Revised Edition

Description of Reservation

Cross Border Trade in Services and Investment:

Only a Singapore citizen or permanent resident can apply for a licence to operate a food establishment in places such as hawker centres, restaurants and cafes, in their personal capacity. 23. Sector Refuse Disposal, Sanitation and other Environmental Protection Services

Sub-Sector

Waste Management, including collection, disposal, and treatment of hazardous waste

Industry Classification

-

Type of Reservation

National Treatment (Article 7.3 and Article 12.4)

Market Access (Article 7.4)

Local Presence (Article 7.5)

Source of Measure

str. 124Environmental Protection and Management Act, Cap. 94A,

2000 Revised Edition, Section 22

Environmental Public Health Act

Description of Reservation Cross Border Trade in Services and Investment:

Foreign service suppliers must be locally incorporated in Singapore. The public waste collectors (PWCs) rendering services to domestic and trade premises are appointed by public competitive tender. The number of PWCs is limited by the number of geographical sectors in Singapore. For industrial and commercial waste, the market is opened to any licensed general waste collectors (GWCs). Only service suppliers with a local presence shall be allowed to provide hazardous waste management services. 24.

str. 125Sector Trade Services

Sub-Sector

Distribution and Sale of Hazardous Substances

Industry Classification

Type of Reservation

National Treatment (Article 7.3)

Local Presence (Article 7.5)

Source of Measure Environmental Protection and Management Act, Cap. 94A, 2000 Revised Edition, Section 22

Description of Reservation Cross Border Trade in Services:

Only service suppliers with local presence shall be allowed to distribute and sell hazardous substances as defined in the Environmental Protection and Management Act. Singapore reserves the right and flexibility to modify and/or increase the list of hazardous substances as defined and/or listed in the Environmental Protection and Management Act. 25.

str. 126Sector Manufacturing and Services Incidental to Manufacturing

Sub-Sector -

Industry Classification -

National Treatment (Article 7.3 and Article 12.4)

Type of Reservation Market Access (Article 7.4) Most Favoured Nation (Article 12.5) Performance Requirements (Article 12.7)

Description of Reservation Cross Border Trade in Services and Investment:

The manufacture of the following products, and services incidental to the manufacture of these products, in Singapore, may be subject to certain restrictions:

- (a) beer and stout;
- (b) cigars;

- (c) drawn steel products;
- (d) chewing gum, bubble gum, dental chewing gum or any like substance (not being a medicinal product within the meaning of the Medicines Act (Cap. 176) or a substance in respect of which an order under section 54 of the Act has been made);
- (e) cigarettes; and
- (f) matches. Existing Measures

Control of Manufacture Act, Cap. 57, 2004 Revised Edition

26. Sector Trade Services

Sub-Sector

Distribution Services

Retailing Services

Wholesale Trade Services

Industry Classification

-

Type of Reservation

Local Presence (Article 7.5)

Source of Measure

Medicines Act, Cap. 176, 1985 Revised Edition

Health Products Act 2007

str. 127Description of Reservation Cross Border Trade in Services:

Only service suppliers with local presence shall be allowed to supply wholesale, retail and distribution services for medical and health-related products and materials as defined under the Medicines Act and Health Products Act, intended for purposes such as treating, alleviating, preventing or diagnosing any medical condition, disease or injury, as well as any other such items that may have an impact on the health and well-being of the human body. Such products and materials include but are not limited to drugs and pharmaceuticals, traditional medicines, health supplements, diagnostic test kits, medical devices, cosmetics, tobacco products, radioactive materials and irradiating apparatuses. Singapore reserves the right and flexibility to modify and/or increase the list of medical and health-related products and materials as defined and/or listed in the Medicines Act and Health Products Act. 27. Sector Production, Retail, Transportation and Distribution of Manufactured Gas and Natural Gas (Piped Gas)

Sub-Sector -

Industry Classification -

Type of Reservation National Treatment (Article 7.3 and Article 12.4) Market Access (Article 7.4)

Source of Measure

str. 128Gas Act, Cap. 116A

Description of Reservation Cross Border Trade in Services and Investment:

Only City Gas Ltd and/or its successor body shall be allowed to produce and retail manufactured gas. Only Power Gas Ltd and/or its successor body shall be allowed to transport and distribute manufactured and natural gas (piped gas). Power Gas Ltd and/or its successor body shall be the sole owner and operator of the gas pipeline in Singapore. 28.

str. 129Sector Business Services

Sub-Sector

Leasing or rental services concerning private cars, goods transport vehicles and other land transport equipment without operator

Industry Classification

CPC 83101, 83102, 83105 Leasing or rental services concerning private cars, goods transport vehicles and other land transport equipment without operator

Type of Reservation

Market Access (Article 7.4)

National Treatment (Article 7.3 and Article 12.4)

Source of Measure

Road Traffic Act, Cap. 276, 1994 Edition

Cross Border Trade in Services and Investment:

The cross-border rental of private cars, goods transport vehicles and other land transport equipment without operator by Singapore residents with the intent to use the vehicles in Singapore is prohibited. 29.

str. 130Sector Transport Services

Sub-Sector

Maritime Transport Services

Cargo Handling Services

Pilotage Services

Supply of Desalinated Water to Ships berthed at Singapore ports or in Singapore territorial waters

Industry Classification

CPC 741 Cargo Handling Services

CPC 74520 Pilotage and Berthing Services (only applies to Pilotage Services)

CPC 74590 Other Supporting Services for Water Transport

Type of Reservation

Market Access (Article 7.4)

National Treatment (Article 7.3 and Article 12.4)

Source of Measure Edition, Section 81

Maritime and Port Authority of Singapore Act, Cap. 170A, 1997 Revised

Description of Reservation Cross Border Trade in Services and Investment:

Only PSA Corporation Ltd and Jurong Port Pte Ltd and/or their respective successor bodies are allowed to provide cargo handling services. Only PSA Marine (Pte) Ltd and/or its successor body is allowed to provide pilotage services and supply desalinated water to ships berthed at Singapore ports or in Singapore territorial waters. 30. Sector

Transport Services

Sub-Sector

Maritime Transport Services

Industry classification -

Type of Reservation

National Treatment (Article 7.3 and Article 12.4)

Market Access (Article 7.4)

Measures

Maritime and Port Authority of Singapore Act, Cap. 170A, 1997 Revised Edition, Section 81

Description

Cross-Border Trade in Services and Investment:

Only local service suppliers shall be allowed to operate and manage cruise and ferry terminals.

str. 131Local service suppliers are either Singapore citizens or legal persons which are more than 50% owned by Singapore citizens. 31. Sector Transport Services

Sub-Sector

Maritime Transport Services - Registration of ships under Singapore flag

Industry Classification

CPC 74590 Other Supporting Services for Water Transport

Type of Reservation

Market Access (Article 7.4)

National Treatment (Article 7.3 and Article 12.4)

Local Presence (Article 7.5)

Source of Measure

Merchant Shipping Act, Cap. 179, 1996 Revised Edition

Merchant Shipping (Registration of Ships) (Amendment) Regulations 2004

Description of Reservation Cross Border Trade in Services and Investment:

Only a Singapore citizen or permanent resident or Singapore legal person may register a ship under the Singapore flag. All Singapore legal persons seeking to register ships under the Singapore flag shall appoint a ship manager who is resident in Singapore. Vessels or ships owned by Singapore legal persons that are not majority owned by Singapore citizens or Singapore permanent residents shall be of at least 1,600 Gross Tonnage and be self-propelled before they can be registered under the Singapore flag. For the purposes of this reservation, a Singapore legal person is a locally incorporated company. 32. Sector Transport Services

Sub-Sector Maritime Transport Services - Seaman Services

Industry Classification

-

Type of Reservation National Treatment (Article 7.3) Market Access (Article 7.4)

Source of Measure Maritime and Port Authority of Singapore Act, Cap. 170A, 1997 Revised Edition, Section 40

Maritime and Port Authority of Singapore (Registration and Employment of Seamen) Regulations

Description of Reservation Trade in Services:

Only Singapore citizens and permanent residents can register as Singapore seamen as defined in the Maritime and Port Authority of Singapore Act.

EXPLANATORY NOTES

str. 132The Schedule of Turkey to this Annex sets out, pursuant to Article 7.6 (Non-

Conforming Measures) of Chapter 7 (Cross Border Trade in Services) and Article 12.9 (NonConforming Measures) of Chapter 12 (Investment), the reservations taken by Turkey with respect to existing measures that do not conform to some or all of the obligations imposed by:

- (a) Article 7.3 (National Treatment) of Chapter 7 (Cross Border Trade in Services) and Article 12.4 (National Treatment) of Chapter 12 (Investment);
- (b) Article 12.5 (Most-Favored-Nation Treatment) of Chapter 12 (Investment);
- (c) Article 7.4 (Market Access) of Chapter 7 (Cross Border Trade in Services);
- (d) Article 7.5 (Local Presence) of Chapter 7 (Cross Border Trade in Services);
- (e) Article 12.7 (Performance Requirements) of Chapter 12 (Investment); or
- (f) Article 12.8 (Senior Management and Boards of Directors) of Chapter 12 (Investment). 2. Each Schedule entry sets out the following elements:
- (a) Sector refers to the sector for which the entry is made;
- (b) Sub-sector refers to the specific sub-sector for which the entry is made;
- (c) Industry classification refers, where applicable, to the activity covered by the non-conforming measure, according to the provisional CPC Codes as used in the United Nations Provisional Central Product Classification (Statistical Papers Series M No.77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991);
- (d) Type of Reservation specifies the obligation(s) (Market Access, National Treatment, Most-Favoured-Nation Treatment, Performance Requirements, Local Presence and Senior Management and Board of Directors) for which a reservation is taken;
- (e) Source of Measure [1] identifies the laws, regulations, rules, procedures, administrative actions or any other form for which the reservation is taken.

- (f) Description of Reservation , sets out the non-conforming measures to which the reservation applies.

ANNEX 7-A SCHEDULE OF TURKEY

3.

6.

8.

10.

13.

14.

16.

str. 148| Description of Reservation | Cross-Border Service Supply and Investment:

|
|------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------

str. 148-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|

str. 148| - With respect to the supply of primary (CPC 921), secondary (CPC 922) and other (CPC 929) education services, natural and juridical persons of Singapore, either directly or by establishing a partnership with Turkish citizens, may establish 'international educational institutions (milletlerararası özel öğretim kurumu)', including

str. 148institution, i.e. the Board of Trustees ('Mütevelli Heyeti'), must be Turkish nationals. - The president (rector) of the non-profit foundation higher education institution is appointed by the Board of Trustees, and Turkish nationality is required to be appointed to the post.

17.

18.

21.

22.

23.

24.

str. 154-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Sub-sector Rental of Commercial Vehicles With Operator

str. 154|
| Industry Classification CPC 7124

str. 154|
| Description of Reservation Turkish

str. 154|
| - Regulation on Road Transportation Cross-Border Service Supply and Investment: citizenship or being a legal entity established in accordance with the Turkish Commercial Code is necessary for obtaining authorization from the Ministry of Transport, Maritime Affairs and Communications. Cross-border supply of rental services of commercial vehicles |

25.

26.

28.

29.

ANNEX 7-B NON-CONFORMING MEASURES SCHEDULE OF SINGAPORE Explanatory Note

EXPLANATORY NOTES

str. 1611. The Schedule of Turkey to this Annex sets out, pursuant to Article 7.6 (Non-

Conforming Measures) of Chapter 7 (Cross Border Trade in Services) and

str. 162Article 12.9 (NonConforming Measures) of Chapter 12 (Investment), the reservations taken by Turkey for the specific sectors, subsectors, or activities for which Turkey may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:

- (a) Article 7.3 (National Treatment) of Chapter 7 (Cross Border Trade in Services) and Article 12.4 (National Treatment) of Chapter 12 (Investment);
- (b) Article 12.5 (Most-Favored-Nation Treatment) of Chapter 12 (Investment);
- (c) Article 7.4 (Market Access) of Chapter 7 (Cross Border Trade in Services);
- (d) Article 7.5 (Local Presence) of Chapter 7 (Cross Border Trade in Services);
- (e) Article 12.7 (Performance Requirements) of Chapter 12 (Investment); or
- (f) Article 12.8 (Senior Management and Boards of Directors) of Chapter 12 (Investment). 2. Each Schedule entry sets out the following elements:
- (a) Sector refers to the sector for which the entry is made;
- (b) Sub-sector refers to the specific sub-sector for which the entry is made;
- (c) Industry classification refers, where applicable, to the activity covered by the non-conforming measure, according to the provisional CPC Codes as used in the United Nations Provisional Central Product Classification (Statistical Papers Series M No.77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991);
- (d) Type of Reservation specifies the article(s) referred to in paragraph 1 that, pursuant to paragraph 2 of Article 7.6 (Non-Conforming Measures) of Chapter 7 (Cross Border Trade in Services) and paragraph 2 of Article 12.9 (NonConforming Measures) of Chapter 12 (Investment) do not apply to the sectors, subsectors, or activities scheduled in the entry;
- (e) Description of Reservation sets out the scope of the sectors, subsectors, or activities covered by the entry; and
- (d) Source of Measure identifies, for transparency purposes, existing measures that apply to the sectors, subsectors, or activities covered by the entry. The measures stipulated therein are not exhaustive. 3.

str. 162In accordance with paragraph 2 of Article 7.6 of Chapter 7 (Cross Border Trade in

Services) and paragraph 2 of Article 12.9 of Chapter 12 (Investment), the articles of this Agreement specified in the Type of Reservation element of an entry do not apply to the sectors, subsectors, and activities identified in the Description of Reservation element of that entry.

CHAPTER 8 TELECOMMUNICATIONS

Article 8.1 Definitions

Article 8.2 Scope and Coverage

str. 1661. This Chapter shall apply to measures affecting trade in telecommunications services. 2. This Chapter shall not apply to any measure affecting broadcasting. 3. Nothing in this Chapter shall be construed to require a Party, or require a Party to compel any enterprise, to establish, construct, acquire, lease, operate, or provide telecommunications networks or services not offered to the public generally.

Article 8.3 Access to and Use [1] of Public Telecommunications Services

str. 1661. Each Party shall ensure that service suppliers of the other Party have access to and use of any public telecommunications service offered in its territory or across its borders, on reasonable and non-discriminatory terms and conditions. 2. Each Party shall ensure that service suppliers of the other Party are permitted to:

- (a) purchase or lease, and attach terminal or other equipment that interfaces with, a public telecommunications network;

- (b) provide services to individual or multiple end-users over leased or owned circuits;

- (c) connect owned or leased circuits with public telecommunications networks or services, or with circuits leased or owned by another enterprise;

- (d) perform switching, signalling, processing, or conversion functions; and

- (e) use operating protocols of their choice. 3.

str. 167Each Party shall ensure that service suppliers of the other Party may use public telecommunications services for the movement of information in its territory or across its borders, including for intra-corporate communications, and for access to information contained in databases or otherwise stored in machine-readable form in the territory of either Party. 4. Notwithstanding paragraph 3, a Party may take such measures as are necessary to ensure the security and confidentiality of messages and protect the privacy of personal data of end-users of public telecommunications networks or services, provided that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination or disguised restriction on trade in services. 5. Each Party shall ensure that no condition is imposed on access to and use of public telecommunications networks or services, other than as necessary to:
- (a) safeguard the public service responsibilities of suppliers of public telecommunications networks or services, in particular their ability to make their networks or services available to the public generally; or
- (b) protect the technical integrity of public telecommunications networks or services. 6.

str. 168Provided that they satisfy the criteria set out in paragraph 5, conditions for access to and use of public telecommunications networks or services may include:
- (a) a requirement to use specified technical interfaces, including interface protocols, for interconnection with such networks or services;
- (b) requirements, where necessary, for the inter-operability of such networks or services;

- (c) type approval of terminal or other equipment which interfaces with the network and technical requirements relating to the attachment of such equipment to such networks; and
- (d) a licensing, permit, registration, or notification procedure which, if adopted or maintained, is transparent and provides for the processing of applications filed thereunder in accordance with the Party's domestic laws and regulations.

Article 8.4 Competitive Safeguards on Major Suppliers

str. 1681. Each Party shall introduce or maintain appropriate measures for the purpose of preventing suppliers of public telecommunications networks or services who, alone or together, are a major supplier from engaging in or continuing anti-competitive practices. Such anti-competitive practices shall include in particular:
2. (a) engaging in anti-competitive cross-subsidisation, price squeeze or predatory pricing;
3. (b) using information obtained from competitors with anti-competitive results; and
4. (c) not making available to other suppliers of public telecommunications networks or services on a timely basis technical information about essential facilities and commercially relevant information which are necessary for them to provide services.

Article 8.5 Interconnection

str. 1681. Each Party shall ensure that any service supplier authorised to provide public telecommunications networks or services has the right and obligation to negotiate interconnection with other suppliers of public telecommunications networks or services. Interconnection should be agreed on the basis of commercial negotiations between the parties concerned [2] . 2. The telecommunications regulatory body shall ensure that any supplier authorised to provide public telecommunications networks or services that acquire information from another supplier of public telecommunications networks or services during the process of negotiating interconnection arrangements use that information solely for the purpose for which it was supplied and respect at all times the confidentiality of information transmitted or stored.

Article 8.6 Interconnection with a Major Supplier

str. 1691. Each Party shall ensure that any major supplier in its territory provides interconnection for the facilities and equipment of suppliers of public telecommunications networks or services of the other Party at any technically feasible point in the major supplier's network. Such interconnection shall be provided:
2. (a) under non-discriminatory terms, conditions (including technical standards and specifications) and rates, and of a quality no less favourable than that provided for its own like services, for like services of non-affiliated service suppliers, or for like services of its subsidiaries or other affiliates;
3. (b) in a timely fashion, on terms and conditions (including technical standards and specifications) and at cost-oriented rates that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that the supplier need not pay for network components or facilities that it does not require for the service to be provided; and
4. (c) upon request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities. 2. Each Party shall ensure that the procedures applicable for interconnection with a major supplier in its territory are made publicly available. 3. Each Party shall provide a means for suppliers of public telecommunications networks or services of the other Party to obtain the rates, terms, and conditions necessary for interconnection offered by a major supplier.

str. 170Such means include, at a minimum, ensuring:

- (a) the public availability of interconnection agreements in effect between a major supplier in its territory and other suppliers of public telecommunications networks or services in its territory;
- (b) the public availability of rates, terms, and conditions for interconnection with a major supplier set by the telecommunications regulatory body; or
- (c) the public availability of a reference interconnection offer. 4. Further to paragraphs 2 and 3, each Party shall ensure that a major supplier in its territory provides suppliers of public telecommunications networks or services of the other Party the opportunity to interconnect their facilities and equipment with those of the major supplier through the following options:
- (a) a reference interconnection offer or another standard interconnection offer containing the rates, terms, and conditions that the major supplier offers generally to suppliers of public telecommunications networks or services; or
- (b) the terms and conditions of an interconnection agreement in effect. 5. In addition to the options provided in paragraph 4, each Party shall ensure that suppliers of public telecommunications networks or services of the other Party have the opportunity to interconnect their facilities and equipment with those of the major supplier through negotiation of a new interconnection agreement.

Article 8.7 Co-Location by Major Suppliers

str. 1701. Each Party shall ensure that a major supplier in its territory provides to suppliers of public telecommunications networks or services of the other Party in the Party's territory physical co-location of equipment necessary for interconnection or access to unbundled network elements on a timely basis and on terms and conditions, and at cost-oriented rates, that are reasonable, non-discriminatory, and based on a generally available offer. 2. Where physical co-location is not practical for technical reasons or because of space limitations, each Party shall ensure that a major supplier in its territory provides an alternative solution such as facilitating virtual co-location on a timely basis and on terms and conditions, and at cost-oriented rates that are reasonable, nondiscriminatory, and based on a generally available offer.

str. 1713. A Party may determine, in accordance with its laws and regulations, which premises owned or controlled by major suppliers in its territory are subject to paragraphs 1 and 2. When making this determination, the Party shall take into account factors such as the state of competition in the market in which co-location is required, whether such premises can feasibly be economically or technically substituted in order to provide a competing service, or other specified public interest factors.

Article 8.8 Access to Poles, Ducts, Conduits, and Rights-of-way Owned or Controlled by Major Suppliers

str. 1711. Each Party shall ensure that a major supplier in its territory provides access to poles, ducts, conduits, and rights-of-way or any other structures as determined by the Party, owned or controlled by the major supplier to suppliers of public telecommunications networks or services of the other Party in the Party's territory on a timely basis and on terms and conditions, and at rates, that are reasonable, non-discriminatory, and transparent and subject to technical feasibility. 2. A Party may determine, in accordance with its laws and regulations, the poles, ducts, conduits, rights-of-way or any other structures to which it requires major suppliers in its territory to provide access under paragraph 1. When making this determination, the Party shall take into account factors such as the competitive effect of lack of such access, whether such structures can feasibly be economically or technically substituted in order to provide a competing service or other specified public interest factors.

Article 8.9 Licensing Process

str. 1711. When a Party requires a supplier of public telecommunications networks or services to have a licence, the Party shall ensure the public availability of:
2.

str. 172(a) all the licensing criteria and procedures it applies;

- (b) the period it normally requires to reach a decision concerning an application for a licence; and

- (c) the terms and conditions of all licences in effect. 2. A Party shall ensure that, on request, an applicant receives the reasons for the:

- (a) denial of a licence;

- (b) imposition of supplier-specific conditions on a licence;

- (c) revocation of a licence; or

- (d) refusal to renew a licence.

Article 8.10 Allocation and Use of Scarce Resources

str. 1721. Any procedures for the allocation and use of scarce resources, including frequencies, numbers and rights of way, shall be carried out in an objective, timely, transparent and non-discriminatory manner. Number of rights of use of scarce resources shall only be limited in case it is necessary for the resources to be used by limited number of operators and for the purpose of providing efficient use of resources. For telecommunications services to be provided and/or infrastructure and networks to be installed and operated by limited number of operators, the rights of use of scarce resources shall be allocated by mechanisms such as the tendering process. 2. The current state of allocated frequency bands shall be made publicly available, but detailed identification of frequencies allocated for specific government uses is not required. 3. A Party's measures allocating and assigning spectrum and managing frequencies shall not be considered as inconsistent with Article 7.4 (Market Access) of Chapter 7 (Cross Border Trade in Services) or Article 12.7 (Performance Requirements) of Chapter 12 (Investment).

str. 173Accordingly, each Party retains the right to establish and apply its spectrum and frequency management policies that may have the effect of limiting the number of suppliers of a public telecommunications network or service, provided it does so in a manner consistent with other provisions of this Agreement. This includes the ability to allocate frequency bands, taking into account present and future needs, and spectrum availability.

Article 8.11 Universal Service

str. 1731. Each Party has the right to define the kind of universal service obligations it wishes to maintain. 2. Such obligations shall not be regarded as anti-competitive per se , provided they are administered in a transparent, objective and non-discriminatory way. The administration of such obligations shall also be neutral with respect to competition

and not be more burdensome than necessary for the kind of universal service defined by each Party. 3. Where applicable, any fund that has been set up by a Party for the purposes of universal services shall be used in accordance with the relevant legislation of the Party.

Article 8.12 Number Portability

str. 173Each Party shall ensure that suppliers of public telecommunications services in its territory provide number portability on reasonable terms and conditions and without impairment to quality and reliability of the service or convenience to the end-users.

Article 8.13 International Submarine Cable Systems

str. 173Each Party shall ensure that any major supplier who controls international submarine cable landing stations in the Party's territory provides access to such landing stations, consistent with the provisions of paragraph 1 of Article 8.6 (Interconnection with a Major Supplier), Article 8.7 (Co-Location by Major Suppliers), and Article 8.8 (Access to Poles, Ducts, Conduits, and Rights-of-way Owned or

Controlled by Major Suppliers) to suppliers of public telecommunications networks or services of the other Party.

Article 8.14 Independent Regulators

str. 1741. The telecommunications regulatory body shall be an independent body, legally distinct from and functionally independent of any person providing public telecommunications networks, equipment and/or services. 2. The telecommunications regulatory body shall be empowered to regulate the telecommunications services sector and shall have adequate financial and human resources to carry out its tasks. The tasks to be undertaken by a telecommunications regulatory body shall be made public in an easily accessible and clear form, in particular where those tasks are assigned to more than one body. 3. The telecommunications regulatory body shall exercise its powers transparently and in a timely manner. The decisions of, and the procedures used by, the telecommunications regulatory body shall be impartial with respect to all market participants.

Article 8.15 International Mobile Roaming

str. 1741. The Parties shall endeavour to cooperate on promoting transparent and reasonable rates for international mobile roaming services that can help promote the growth of trade between the Parties and enhance consumer welfare. 2. A Party may choose to take steps to enhance transparency and competition with respect to international mobile roaming rates and technological alternatives to roaming services, such as:
3. (a) ensuring that information regarding retail rates is easily accessible to consumers; and

(b) minimising impediments to the use of technological alternatives to roaming, whereby consumers when visiting the territory of a Party from the territory of the other Party can access telecommunications services using the device of their choice.

Article 8.16 Resolution of Telecommunications Disputes

str. 175Each Party shall ensure that:

Recourse

- (a) service suppliers authorised by the telecommunications regulatory body of a Party to provide public telecommunications networks or services in its territory may have recourse to the telecommunications regulatory body or other relevant body of the Party to resolve disputes regarding the Party's measures relating to matters set out in Articles 8.3 (Access to and Use of Public Telecommunications Services) to 8.15 (International Mobile Roaming);
- (b) if the telecommunications regulatory body or other relevant body of the Party declines to initiate any action on a request to resolve a dispute, it shall, upon request, provide a written explanation for its decision within a reasonable period of time;
- (c) suppliers of public telecommunications networks or services requesting interconnection with a major supplier in its territory will have recourse, either:
- (i) at any time; or
- (ii) after a reasonable period of time which has been made publicly known

to an independent domestic body, which may be a telecommunications regulatory body as referred to in Article 8.14 (Independent Regulators), to resolve disputes regarding appropriate terms, conditions and rates for interconnection within a reasonable period of time, to the extent that these have not been established previously.

Reconsideration

str. 175- (d) any enterprise whose legally protected interests are adversely affected by a determination or decision of the Party's telecommunications regulatory body may

appeal to or petition the telecommunications regulatory body or other relevant body to reconsider that determination or decision. No Party may permit the making of an application for reconsideration to constitute grounds for non-compliance with the determination or decision of the telecommunications regulatory body, unless the telecommunications regulatory body or other relevant body issues an order that the determination or decision not be enforced while the proceeding is pending. A Party may limit the circumstances under which an application for reconsideration is available, in accordance with its laws and regulations.

Judicial Review

str. 1762. No Party may permit the making of an application for judicial review to constitute grounds for non-compliance with the determination or decision of the telecommunications regulatory body, unless the relevant judicial body issues an order that the determination or decision not be enforced while the proceeding is pending.

Article 8.17 Transparency

str. 1761. When the telecommunications regulatory body of a Party intends to take measures related to the provisions of this Chapter, it shall give interested parties the opportunity to comment on the draft measure within a reasonable period of time in accordance with the domestic law of the Party. The telecommunications regulatory body shall make publicly available its consultation procedures for such draft measures. 2. A Party shall ensure that its measures relating to public telecommunications networks or services are made publicly available, including:
3. (a) tariffs and other terms and conditions of service;
4. (b) specifications of technical interfaces;
5. (c) conditions for attaching terminal or other equipment to the public telecommunications network;
6.

str. 177(d) notification, permit, registration, or licensing requirements, if any;

- (e) general procedures relating to resolution of telecommunications disputes provided for in Article 8.16 (Resolution of Telecommunications Disputes); and
- (f) any measures of the telecommunications regulatory body through which the responsibility for preparing, amending, and adopting standards-related measures affecting access and use are delegated to other bodies.

Article 8.18 Flexibility in the Choice of Technology

str. 177No Party may prevent suppliers of public telecommunications networks or services from choosing the technologies they wish to use to supply their services subject to requirements necessary to satisfy legitimate public policy interests, provided that any measure restricting such choice is not prepared, adopted, or applied in a manner that creates unnecessary obstacles to trade. For greater certainty, a Party adopting such measures shall do so consistent with Article 8.17 (Transparency).

Article 8.19 Relationship to Other Chapters

str. 177In the event of any inconsistency between this Chapter and another Chapter, this Chapter shall prevail to the extent of the inconsistency. - [1] For greater certainty, this Article does not prohibit a Party from requiring a service supplier to obtain a licence to supply any public telecommunications service within its territory. - [2] For further clarity, service suppliers authorised to provide public telecommunications networks or services shall freely determine the terms, conditions and rates that will be included in their interconnection agreements by negotiating among themselves. Each Party shall ensure that if such negotiations fail, any one of the parties may have recourse to the telecommunications regulatory body for resolution of disputes regarding appropriate terms, conditions and rates for interconnection. The telecommunications regulatory body shall conduct the dispute settlement procedure within the scope of relevant domestic legislation and resolve the dispute within a reasonable period of time.

CHAPTER 9 ELECTRONIC COMMERCE

Article 9.1 Definitions

Article 9.2 Scope and General Provisions

str. 1781. This Chapter shall apply to measures adopted or maintained by a Party affecting trade by electronic means. 2. The Parties recognise the economic growth and opportunities provided by electronic commerce, and the importance of promoting consumer confidence in electronic commerce and of avoiding barriers to its use and development.

str. 1793. For greater certainty, measures affecting the supply of a service delivered or performed electronically are subject to the obligations contained in the relevant provisions of Chapter 7 (Cross-Border Trade in Services), Chapter 10 (Financial Services), and Chapter 12 (Investment), including any exceptions and non-conforming measures set out in Article 7.6 (Non-Conforming Measures) of Chapter 7 (Cross-Border Trade in Services), Article 10.6 (Non-Conforming Measures) of Chapter 10 (Financial Services), or Article 12.9 (Non-Conforming Measures) of Chapter 12 (Investment) that are applicable to such obligations. 4. This Chapter shall not apply to government procurement.

Article 9.3 Customs Duties

str. 1791. No Party may 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, nothing in paragraph 1 shall 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.

Article 9.4 Non-Discriminatory Treatment of Digital Products

str. 180No Party may accord less favourable treatment to digital products created, produced, published, contracted for, commissioned or first made available on commercial terms in the territory of the other Party, or to digital products of which the author, performer, producer, developer, or owner is a person of the other Party than it accords to other like digital products. [1]

2. The Parties understand that this Article does not apply to subsidies or grants provided by a Party including government-supported loans, guarantees, and insurance. 3. This Article does not apply to any measure affecting broadcasting.

Article 9.5 Domestic Electronic Transactions Framework

str. 1801. The Parties shall, to the extent possible, maintain domestic legal frameworks governing electronic transactions consistent with the principles of the UNCITRAL Model Law on Electronic Commerce (1996) or the UN Convention on the Use of Electronic Communications in International Contracts (New York, 2005). 2. The Parties shall endeavour to avoid any unnecessary regulatory burden on electronic transactions.

Article 9.6 Electronic Authentication and Electronic Signatures

str. 1801. Except where otherwise provided for in 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. No Party may adopt or maintain measures for electronic authentication that would:
3.

str. 181(a) prohibit parties to an electronic transaction from mutually determining the appropriate authentication methods for that transaction; or

- (b) prevent parties from having the opportunity to establish before judicial or administrative authorities that their electronic 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 meet certain performance standards or be certified by an authority accredited in accordance with the Party's laws and regulations. 4. The Parties shall encourage the use of interoperable electronic authentication.

Article 9.7 Personal Data Protection [2]

str. 1811. The Parties recognise the economic and social benefits of protecting the personal data of users of electronic commerce and the contribution that this makes to enhancing consumer confidence in electronic commerce. 2. To this end, each Party shall adopt or maintain a domestic legal framework that provides for the protection of the personal data of users of electronic commerce. 3. The Parties shall publish information on the personal data protections it provides to users of electronic commerce, including:

- (a) how individuals can pursue remedies; and

- (b) how business can comply with any legal requirements.

Article 9.8 Paperless Trading

str. 182The Parties shall endeavour to:

- (a) make trade administration documents available to the public in electronic form; and
- (b) accept trade administration documents submitted electronically as the legal equivalent of the paper version of those documents.

Article 9.9

Cooperation

str. 183Recognising the global and inter-connected nature of electronic commerce, the Parties shall endeavour to:

- (a) work together to assist small and medium enterprises to overcome obstacles encountered in the use of electronic commerce;
- (b) recognise the professional certifications of each other's ICT professional bodies and explore other collaborative efforts in this area; and
- (c) exchange information and share experiences on regulations, policies, enforcement and compliance regarding electronic commerce, including:
- (i) personal information protection;
- (ii) security in electronic communications;

(iii) authentication; and - (iv) e-Government. - [1] For greater certainty, to the extent that a digital product of a non-Party is a 'like digital product', it will qualify as an 'other like digital product' for the purposes of this paragraph. - [2] Turkey shall not be obliged to apply paragraphs 2 and 3 of this Article before the date on which Turkey implements its domestic legal framework on protection of personal data.

str. 186- (b) Banking and other financial services (excluding insurance):
- (i) acceptance of deposits and other repayable funds from the public;
- (ii) lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transactions;
- (iii) financial leasing;
- (iv) all payment and money transmission services, including credit, charge and debit cards, travellers cheques and bankers drafts;
- (v) guarantees and commitments;
- (vi) trading for own account or for account of customers, whether on an exchange, in an over-the-counter market or otherwise, the following:
- (A) money market instruments (including cheques, bills and certificates of deposits);
- (B) foreign exchange;

(C) derivative products including, but not limited to, futures and options; - (D) exchange rate and interest rate instruments, including products such as swaps, forward rate agreements;
- (E) transferable securities; and
- (F) other negotiable instruments and financial assets, including bullion. - (vii) participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of services related to such issues;

(viii) money broking;

- (ix) asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial, depository and trust services;
- (x) settlement and clearing services for financial assets, including securities, derivative products and other negotiable instruments;
- (xi) provision and transfer of financial information, and financial data processing and related software; and
- (xii) advisory, intermediation and other auxiliary financial services on all the activities listed in subparagraphs (i) through (xi), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy.

str. 189(b) activities or services conducted for the account or with the guarantee or using the financial resources of the Party, including its public entities,

except that this Chapter shall apply if a party allows any of the activities or services referred to in subparagraphs (a) or (b) to be conducted by its financial institutions in competition with a public entity or a financial institution. 4. This Chapter does not apply to the government procurement of financial services. 5. This Chapter shall not apply to measures affecting natural persons seeking access to the employment market of a Party, nor shall it apply to measures regarding citizenship, residence or employment on a permanent basis. 6. Nothing in this Chapter shall prevent a Party from applying measures to regulate the entry of natural persons of the other Party into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across, its borders, provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to the other Party under the terms of this Chapter. Article 10.3

National Treatment

1. Each Party shall accord to investors of the other Party treatment no less favourable than that it accords to its own investors, in like circumstances, with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of financial institutions and investments in financial institutions in its territory. 2. Each Party shall accord to financial institutions of the other Party and to investments of investors of the other Party in financial institutions treatment no less favourable than that it accords to its own financial institutions, and to investments of its own investors in financial institutions, in like circumstances, with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of financial institutions and investments.

str. 1903. For purposes of the national treatment obligations in paragraph 1 of Article 10.5 (Cross-Border Trade in Financial Services), each Party shall accord to cross-border financial service suppliers of the other Party treatment no less favourable than that it accords, in like circumstances, to its own financial service suppliers with respect to the supply of the relevant service.

str. 191Article 10.4 Market Access for Financial Institutions

A Party shall not adopt or maintain, with respect to financial institutions of the other Party, either on the basis of a regional sub-division or on the basis of its entire territory, measures that:

- (a) impose limitations on:
- (i) the number of financial institutions whether in the form of numerical quotas, monopolies, exclusive service suppliers, or the requirements of an economic needs test;
- (ii) the total value of financial service transactions or assets in the form of numerical quotas or the requirement of an economic needs test;
- (iii) the total number of financial service operations or the total quantity of financial services output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test;
- (iv) the total number of natural persons that may be employed in a particular financial service sector or that a financial institution may employ and who are necessary for, and directly related to, the supply of a specific financial service in the form of a numerical quota or the requirement of an economic needs test; or
- (v) the participation of foreign capital in terms of maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment; or

- (b) restrict or require specific types of legal entity or joint venture through which a financial service supplier may supply a financial service. Article 10.5 Cross-Border Trade in Financial Services

1. Each Party shall permit, under terms and conditions that accord national treatment, cross-border financial service suppliers of the other Party to supply financial services, subject to non-conforming measures set out in its Schedule to Annex 10-A and Annex 10-B. 2. Each Party shall permit persons located in its territory, and its nationals wherever located, to purchase financial services from cross-border financial service suppliers of the other Party located in the territory of that other Party. 3. This Article does not require a Party to permit such suppliers to do or solicit business in its territory. Each Party may define 'doing business' and 'solicitation' for purposes of this obligation, as long as such definitions are not inconsistent with paragraph 1. 4. Without prejudice to other means of prudential regulation of cross-border trade in financial services, a Party may require the registration, authorisation or licensing of cross-border financial service suppliers of the other Party and of financial instruments. Article 10.6

Non-Conforming Measures

1. Article 10.3 (National Treatment), Article 10.4 (Market Access for Financial Institutions) and Article 10.5 (Cross-Border Trade in Financial Services) do not apply to:
2.

str. 191(a) any existing non-conforming measure that is maintained by a Party as set out by that Party in its Schedule to Annex 10-A;
3. (b) the continuation or prompt renewal of any non-conforming

str. 192measure referred to in subparagraph (a); or

- (c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure, as it existed at the date of entry into force of this Agreement, with Article 10.3 (National Treatment), Article 10.4 (Market Access for Financial Institutions) and Article 10.5 (Cross-Border Trade in Financial Services). 2. Article 10.3 (National Treatment), Article 10.4 (Market Access for Financial Institutions) and Article 10.5 (Cross-Border Trade in Financial Services) do not apply to any measure that a Party adopts or maintains with respect to sectors, sub-sectors or activities as set out by that Party in its Schedule to Annex 10-B. 3. A non-conforming measure set out in a Party's Schedule to Annex 7-A or Annex 7-B as a measure to which Article 7.3 (National Treatment), Article 7.4 (Market Access) of Chapter 7 (Cross-Border Trade in Services), or 12.4 (National Treatment) of Chapter 12 (Investment) does not apply shall be treated as a non-conforming measure described in paragraphs 1 and 2, to which Article 10.3 (National Treatment), Article 10.4 (Market Access for Financial Institutions) or Article 10.5 (Cross-Border Trade in Financial Services), as the case may be, does not apply, to the extent that the measure, sector, sub-sector or activity set out in the schedule of non-conforming measures is covered by this Chapter. Article 10.7

New Financial Services

1. Each Party shall permit a financial institution of the other Party to supply any new financial service that the first Party would permit its own financial institutions to supply, in like circumstances, under its domestic law, provided that the supply of the new financial service does not require a new law or modification of an existing law by the first Party. 2. Notwithstanding paragraph (b) of Article 10.4 (Market Access for Financial Institutions), a Party may determine the institutional and juridical form through which the new financial service may be supplied and may require authorisation for the supply of the service. Where a Party requires a financial institution to obtain authorisation to supply a new financial service, the Party shall decide within a reasonable time whether to issue the authorisation and the authorisation may only be refused for prudential reasons. Article 10.8 Regulatory Transparency

1. Each Party shall ensure that measures of general application relating to supply of financial services are promptly published or otherwise made available in a manner so as to enable interested persons to become acquainted with them. 2. To the extent practicable, and in accordance with its domestic law, each Party shall:
3. (a) publish in advance any measure of general application relating to supply of financial services that it proposes to adopt and the purpose of the measure, and
4. (b) provide interested persons with a reasonable opportunity to comment on such proposed measures. 3. To the extent practicable, each Party shall allow a reasonable time between the publication of final measures of general application relating to supply of financial services and their effective date. 4.

str. 194Each Party shall ensure that all measures of general application relating to supply of financial services are administered in a reasonable, objective and impartial manner. 5. Each Party shall maintain appropriate mechanisms for responding to enquires from interested persons regarding measures of general application relating to supply of financial services. 1. A Party may recognise prudential measures of the other Party or of a non-Party in the application of measures covered by this Chapter. Such recognition may be:
2. (a) accorded unilaterally;
3. (b) achieved through harmonisation or other means; or
4. (c) based upon an agreement or arrangement with the other Party or a non-Party. 2. A Party according recognition of prudential measures under paragraph 1 shall provide adequate opportunity to the other Party to demonstrate that circumstances exist in which there are or would be equivalent regulation, oversight, implementation of regulation, and, if appropriate, procedures concerning the sharing of information between the Parties. 3. Where a Party accords recognition of prudential measures under paragraph 1(c) with a non-Party and the circumstances set out in paragraph 2 exist, the Party shall provide adequate opportunity to the other Party to negotiate accession to the agreement or arrangement, or to negotiate a comparable agreement or arrangement. Article 10.10

Self-Regulatory Organisations

Where a Party requires a financial institution of the other Party to be a member of, participate in, or have access to, a self-regulatory organisation to provide a financial service in the territory of that Party, that Party shall ensure observance of the obligations set out in Article 10.3 (National Treatment) by such self-regulatory organisation.

str. 195Article 10.11

Payment and Clearing Systems

Under terms and conditions that accord national treatment, each Party shall, as permitted by each Party's access criteria, grant to financial institutions of the other Party, established in its territory and regulated or supervised as financial institutions under its domestic law, access to payment and clearing systems operated by public entities, and to official funding and refinancing facilities available in the normal course of ordinary business. This Article is not intended to confer access to a Party's lender of last resort facilities.

str. 195Article 10.12

Transfers of Information and Processing of Information

Neither Party shall take measures that prevent transfers of information or the processing of financial information, including transfers of data by electronic means, or that, subject to importation rules consistent with international agreements, prevent transfers of equipment, where such transfers of information, processing of financial information or transfers of equipment are necessary for the conduct of the ordinary business of a financial service supplier. Nothing in this paragraph restricts the right of a Party to protect personal data, personal privacy and the confidentiality of individual records and accounts so long as such right is not used to circumvent the provision of this Agreement. Article 10.13

Treatment of Certain Information

Nothing in this Agreement requires a Party to furnish or allow access to:

- (a) information related to the financial affairs and accounts of individual customers of financial institutions or cross-border financial service suppliers; or
- (b) any confidential or proprietary information, the disclosure of which would impede law enforcement or otherwise be contrary to public interests or prejudice the legitimate commercial interests of particular enterprises. Article 10.14 Exceptions

1. Nothing in this Chapter, or Chapter 8 (Telecommunications) including specifically Article 8.19 (Relationship to Other Chapters), Chapter 9 (Electronic Commerce) or Chapter 12 (Investment),

and in addition Article 7.2 (Scope and Coverage) of Chapter 7 (Cross-Border Trade in Services) with respect to the supply of financial services in the territory of a Party by an investor of the other Party or investments of investors of the other Party, as defined in Chapter 12 (Investment), applies to 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 7.9 (Transfers and Payments) of Chapter 7 (Cross-Border Trade in Services), Article 12.7 (Performance Requirements) or Article 12.12 (Transfers) of Chapter 12 (Investment).

str. 1962. Notwithstanding any other provisions of the Agreement, a Party shall not be prevented from taking measures for prudential reasons , including for the protection of investors, depositors, policy-holders or persons to whom a fiduciary duty is owed by a financial service supplier, or to ensure the integrity and stability of the financial system. Where such measures do not conform to the provisions of this Agreement, they shall not be used as a means of avoiding the Party's commitments or obligations under the Agreement. 3. Notwithstanding Article 7.9 (Transfers and Payments) of Chapter 7 (Cross-Border Trade in Services) and Article 12.12 (Transfers) of Chapter 12 (Investment), as incorporated into this Chapter, a Party may prevent or limit transfers by a financial institution or cross-border financial service supplier to, or for the benefit of, an affiliate of or person related to such institution or supplier, through the equitable, non-discriminatory and good faith application of measures relating to maintenance of

the safety, soundness, integrity or financial responsibility of financial institutions or cross-border financial service suppliers. This paragraph does not prejudice any other provision of this Agreement that permits a Party to restrict transfers. 4. For greater certainty, nothing in this Chapter shall be construed to prevent the adoption or enforcement by a Party of measures necessary to secure compliance with laws or regulations that are not inconsistent with this Chapter, including those relating to the prevention of deceptive and fraudulent practices or to deal with the effects of a default on financial services contracts, subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on investment in financial institutions or cross-border trade in financial services. Article 10.15

Consultation

1. A Party may request consultations with the other Party regarding any matter arising under this Agreement that affects financial services. The other Party shall give sympathetic consideration to the request. The Parties shall report the results of their consultations to the Joint Committee established pursuant to Article 18.1 (Joint Committee) of Chapter 18 (Institutional, General and Final Provisions). 2. Consultations under this Article shall include officials of the relevant authorities. 3. Nothing in this Article shall be construed to require regulatory authorities participating in consultations under paragraph 1 to disclose information or take any action that would interfere with specific regulatory, supervisory, administrative, or enforcement matters. 4. Nothing in this Article shall be construed to require a Party to derogate from its relevant law regarding sharing of information among financial regulators or the requirements of an agreement or arrangement between financial authorities of the Parties. Article 10.16 Dispute Settlement

1. Except otherwise provided for, Chapter 17 (Dispute Settlement) applies as modified by this Article to the settlement of disputes arising under this Chapter. 2. When a Party claims that a dispute arises under this Chapter, the arbitration panel shall compose:
3. (a) where the disputing Parties so agree, entirely of panelists meeting the criteria set out in paragraph 3; and
4. (b) in any other case, panelists meeting the criteria set out in either paragraph 3 or in paragraph 6 of Article 17.7 (Composition and Establishment of the Arbitration Panel) of Chapter 17 (Dispute Settlement).

str. 198However, the chair of the panel shall meet the criteria set out in paragraph 3 if Article 10.14 (Exceptions) is invoked by the Party complained against, unless the Parties agree otherwise. 3. Financial services panelists shall:
2. (a) have expertise or experience in financial services law or practice, which may include the regulation of financial institutions;

- (b) be chosen strictly on the basis of objectivity, reliability and sound judgment; and
- (c) meet the criteria set out in paragraph 6 of Article 17.7 (Composition and Establishment of the Arbitration Panel) of Chapter 17 (Dispute Settlement). 4. Notwithstanding Article 17.11 (Compensation and Suspension of Concessions or Other Obligations) of Chapter 17 (Dispute Settlement), where a panel finds a measure to be inconsistent with this Agreement and the measure under dispute affects:
- (a) only the financial services sector, the complaining Party may suspend benefits only in the financial services sector;
- (b) the financial services sector and any other sector, the complaining Party may suspend benefits in the financial services sector that have an effect equivalent to the effect of the measure in the Party's financial services sector; or
- (c) only a sector other than the financial service sector, the complaining Party may not suspend benefits in the financial services sector. Article 10.17

Modification or Addition of Reservations

1. A Party (referred to in the following paragraphs as the 'modifying Party') may, in accordance with paragraphs 2 and 3, modify or add to its non-conforming measures as set out in Annex 10-A and 10-B. 2. Such modifications or additions shall not:
3. (a) be introduced for the purpose of affording undue protection to financial institutions of the modifying Party; and
4. (b) discriminate between the other Party and any non-Party, except for measures that accord differential treatment to any non-Party under any bilateral or multilateral international agreement between either Party and such non-Party in force or signed prior to, on or after the date of entry into force of this Agreement.

str. 1993. The modifying Party may only make such modifications or additions if it:
6. (a) notifies the other Party in writing of its intent at least three months prior to the date of implementation of the measure;
7. (b) begins consultations with the other Party upon request by that other Party and gives due consideration to the views expressed by that Party in such consultations with an agreement on the appropriate compensatory adjustments; and
8. (c) makes compensatory adjustments to its Schedule to Annex 10-A or Annex 10B in accordance with any agreement reached between the Parties on compensatory adjustments, to the extent possible in the same sector or subsector of the financial institution that is affected by the modification so as to maintain a general level of mutually advantageous commitments that is not less favourable to investments and trade in financial services than that provided for in its Schedule prior to the modification. 4. If agreement is not reached between the Parties on any necessary compensatory adjustments, the matter may be referred to arbitration in accordance with the procedures set out in Chapter 17 (Dispute Settlement). 5. Paragraph 1 of this Article shall not be construed to prejudice the right of both Parties to maintain any existing measures or adopt new measures consistent with the reservations set out in Annex 10-A and Annex 10-B.

ANNEX 10-A NON-CONFORMING MEASURES FOR FINANCIAL SERVICES SCHEDULE OF SINGAPORE

Explanatory Note

str. 1991. The Schedule of Singapore to this Annex sets out, pursuant to Article 10.6 (NonConforming Measures) of Chapter 10 (Financial Services), the reservations taken by

Singapore with respect to measures that do not conform to some or all of the obligations imposed by:

- (a) Article 10.3 (National Treatment) of Chapter 10 (Financial Services);
- (b) Article 10.4 (Market Access for Financial Institutions) of Chapter 10 (Financial Services); or
- (c) Article 10.5 (Cross-Border Trade in Financial Services) of Chapter 10 (Financial Services). 2.

3.

6.

8.

10.

14.

15.

str. 216| Sector | Financial Services

16.

18.

20.

21.

22.

23.

25.

ANNEX 10-A NON-CONFORMING MEASURES FOR FINANCIAL SERVICES SCHEDULE OF TURKEY

EXPLANATORY NOTES

str. 2241. The Schedule of Turkey to this Annex sets out, pursuant to Article 10.6 (NonConforming Measures) of Chapter 10 (Financial Services), the reservations taken by Turkey with respect to existing measures that do not conform with some or all of the obligations imposed by:
2. (i) Article 10.3 (National Treatment) of Chapter 10 (Financial Services);
3. (ii) Article 10.4 (Market Access for Financial Institutions) of Chapter 10 (Financial Services); and

1. Sector

Financial Services

Sub-sector

Insurance and Insurance Related Services/ Insurance and Reinsurance

- (iii) Article 10.5 (Cross-Border Trade in Financial Services) of Chapter 10 (Financial Services).

3.

8.

str. 237| Description of Reservation | - Securities intermediary institutions cannot engage in the trading of cheques and bills; only banks can perform such transactions. - Only banks, foreign exchange dealers, securities intermediary institutions (limited to investment services and activities), and national postal administration (the General Directorate of Post and Telegraph Organization) can engage in foreign exchange trading. - Only authorised banks and securities intermediary institutions can engage in trading of derivative products (including, but not limited to, futures and options) in compliance with the CMB legislation.

14.

Explanatory Note

str. 2411. The Schedule of Singapore to this Annex sets out, pursuant to Article 10.6 (NonConforming Measures) of Chapter 10 (Financial Services), the reservations taken by Singapore for sectors, sub-sectors or activities for which it may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:
2. (a) Article 10.3 (National Treatment) of Chapter 10 (Financial Services);
3. (b) Article 10.4 (Market Access for Financial Institutions) of Chapter 10 (Financial Services); or
4. (c) Article 10.5 (Cross-Border Trade in Financial Services. 2. The sectors, subsectors or activities to which a reservation applies shall be stated in the Description of Reservation element. In the interpretation of a reservation, all elements of the reservation shall be considered in their totality. 3. Each Schedule entry sets out the following elements:
7. (a) Sector refers to the general sector for which the entry is made;
8. (b) Sub-Sector , for Singapore, refers to the specific sub-sector for which the entry is made;
9. (c) Industry Classification refers, for Singapore, where applicable, to the activity covered by the non-conforming measure, according to the provisional CPC codes as used in the Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991);
10. (d) Type of Reservation specifies the obligation(s) referred to in paragraph 1 that, pursuant to paragraph 2 of Article 10.6 (Non-Conforming Measures) of Chapter 10 (Financial Services), do not apply to the sectors, subsectors, or activities listed in the entry for which a reservation is taken;
11. (e) Description of Reservation sets out the scope of the sectors, subsectors, or activities to which the reservation applies; and
12. (f) Existing Measures identifies, where relevant and for transparency purposes, existing measures that apply to the sectors, subsectors, or activities covered by the entry. The measures stipulated therein are not exhaustive. 4. Whenever, in this Schedule, the supply of services is conditioned upon obtaining licensing or authorisation from relevant regulatory authorities, it shall be understood that the licensing or authorisation process is non-automatic, requiring a case-by-case evaluation, and the regulatory authorities may exercise discretion over their decisions.

str. 2425. References in the Schedule of Singapore to the Annex to any enterprise or entity apply as well to any successor enterprise or entity, which shall be entitled to benefit from any listing of a non-conforming measure with respect to that enterprise or entity.

1.

2.

5.

6.

7.

8.

str. 242| Sector | Financial Services

|
|------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

11.

12.

13.

14.

15.

18.

SCHEDULE OF TURKEY

Explanatory Notes

str. 2521. The Schedule of Turkey to this Annex sets out, pursuant to Article 10.6 (NonConforming Measures) of Chapter 10 (Financial Services), the reservations taken by Turkey for the specific sectors, sub-sectors, or activities for which Turkey may maintain existing, or adopt new or more restrictive measures that do not conform with the obligations imposed by:

- (a) Article 10.3 (National Treatment) of Chapter 10 (Financial Services),

- (b) Article 10.4 (Market Access for Financial Institutions) of Chapter 10 (Financial Services), or

- (c) Article 10.5 (Cross-Border Trade in Financial Services) of Chapter 10 (Financial Services). 2. The sectors, subsectors or activities to which a reservation applies shall be stated in the Description of Reservation element. In the interpretation of a reservation, all elements of the reservation shall be considered in their totality. 3. Each Schedule entry sets out the following elements:

- (a) Sector refers to the general sector for which the entry is made;

- (b) Sub-sector refers to the specific sub-sector for which the entry is made;

- (c)

2.

8.

9.

CHAPTER 11 TEMPORARY MOVEMENT OF NATURAL PERSONS

Article 11.1 Objectives and Scope

str. 2611. This Chapter reflects the common objective of the Parties to facilitate the entry and temporary stay of natural persons, and the need to establish transparent criteria and procedures for entry and temporary stay. 2. This Chapter sets out the rights and obligations of the Parties concerning the entry into and temporary stay in their respective territories of business visitors and intra-corporate transferees of the other Party.

str. 2623. This Chapter shall not apply to measures affecting natural persons seeking access to the employment market of a Party, nor shall it apply to measures regarding citizenship, residence or employment on a permanent basis. 4. Nothing in this Chapter shall prevent a Party from applying measures to regulate the entry of natural persons into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across its borders, provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to the other Party under the terms of this Chapter. [1]

Article 11.2

Definitions

Executives

str. 263Natural persons within an enterprise who direct the management of the enterprise, exercise wide latitude in decision-making, and receive general supervision or direction from the board of directors or stockholders of the enterprise, or their equivalent. Executives do not directly perform tasks related to the actual provision of the services or conduct of operations of the enterprise.

Managers

str. 263Natural persons working in a senior position within an enterprise, who primarily direct the management of the enterprise, receiving general supervision or direction from high-level executives, the board of directors or stockholders of the enterprise or their equivalent, including:

- (i) directing the enterprise or a department or sub-division thereof;
- (ii) supervising and controlling the work of other supervisory, professional or managerial employees; and
- (iii) having the authority personally to recruit and dismiss or recommend recruiting, dismissing or other personnel actions.

Specialists

str. 263Natural persons working within an enterprise, who possess uncommon knowledge or expertise essential to the enterprise's production, research equipment, techniques or management. In assessing such knowledge, account will be taken not only of knowledge specific to the enterprise, but also, where relevant, of whether the person has a high level of qualification referring to a type of work or trade requiring specific technical knowledge, including membership of an accredited profession.

Article 11.3

Business Visitors

str. 2631. Subject to its laws, regulations and requirements,

Grant of Entry and Temporary Stay

- (a) Singapore shall allow the temporary entry and stay of business visitors, for a period of up to 30 days per entry; and
- (b) Turkey shall allow the temporary entry and stay of business visitors, for a period of up to 90 days within a 180-day period.

Intra-Corporate Transferees

str. 264Subject to its respective laws, regulations, and requirements, each Party shall grant entry into and temporary stay in its territory intra-corporate transferees of the enterprise of the other Party, for the durations specified below:
2. (a) In the case of Singapore, for an initial period limited to two years that may be extended for up to three additional years, for a total term not exceeding five years. 3. (b) In the case of Turkey, for an initial period of one year, that may be extended for up to two years, for a total term not exceeding three years.

Article 11.4 Provision of Information

str. 265Each Party shall establish and maintain contact points to facilitate the access of the other Party's natural persons to the information referred to in paragraph 2 of this Article. Upon entry into force of the Agreement, each Party shall notify to the other Party the contact details of its contact points.

Article 11.5 Expeditious Application Procedures

str. 2651. The competent authorities of each Party shall process expeditiously applications for granting entry and temporary stay from natural persons of the other Party, including applications for renewals or extensions thereof. 2. Upon request by the applicant, the competent authorities of a Party shall provide, without undue delay, information concerning the status of his or her application. 3. The competent authorities of each Party shall within a reasonable period of time after an application requesting entry and temporary stay is considered complete under its domestic laws and regulations: notify the applicant, either directly or through his or her prospective employers, of the outcome of the application. The notification shall include, as appropriate, the approved period of stay and any other terms and conditions. 4. Parties shall provide for facilities for online application and processing for the permission for entry and temporary stay of natural persons under this Chapter. A Party may require that online applications for permission be made by prospective employers of the natural person concerned.

Article 11.6 Dispute Settlement

str. 265Nothing in this Chapter shall be subject to investor-state dispute settlement pursuant to Section 12-B (Investor-State Dispute Settlement) of Chapter 12 (Investment).

str. 267[3]

Forms that an investment may take include:

- (a) an enterprise;
- (b) shares, stock, and other forms of equity participation in an enterprise;

Article 12.1 Definitions - (c) bonds, debentures, loans and other debt instruments [4] , [5] of an enterprise;

SECTION 12-A INVESTMENT

Article 12.2

Scope and Coverage

str. 2681. This Chapter shall apply to measures adopted or maintained by a Party relating to:

- (a) investors of the other Party;

- (b) covered investments; and

- (c) with respect to Article 12.7 (Performance Requirements), all investments in the territory of the Party. 2. This Chapter shall not apply to:

- (a) services supplied in the exercise of governmental authority within the territory of the respective Party. For purposes of this Chapter, a service supplied in the exercise of governmental authority means any service which is supplied neither on a commercial basis, nor in competition with one or more service suppliers;

- (b) subsidies or grants provided by a Party, or to any conditions attached to the receipt or continued receipt of such subsidies or grants, whether or not such subsidies or grants are offered exclusively to investors of the Party or investments of investors of the Party, including government-supported loans, guarantees and insurance; and

- (c) measures adopted or maintained by a Party to the extent that they are covered by Chapter 10 (Financial Services). 3. In the event of any inconsistency between this Chapter and another Chapter, the other Chapter shall prevail over this Chapter to the extent of the inconsistency. 4. The requirement by a Party that a service provider of the other Party post a bond or other form of financial security as a condition of providing a service into its territory does not of itself make this Chapter applicable to the provision of that cross-border service. This Chapter applies to

that Party's treatment of the posted bond or financial security, to the extent that such bond or financial security is a covered investment. 5. For greater certainty, the provisions of this Chapter do not impose any obligation on either Party in relation to any act or fact that took place or any situation that ceased to exist before the date of entry into force of this Agreement.

Article 12.3 Minimum Standard of Treatment

str. 2691. Each Party shall accord to covered investments treatment in accordance with customary international law minimum standard of treatment of aliens [9] , including 'fair and equitable treatment' and 'full protection and security'. 2. For greater certainty, paragraph 1 prescribes the customary international law minimum standard of treatment of aliens as the minimum standard of treatment to be afforded to covered investments. The concepts of 'fair and equitable treatment' and 'full protection and security' do not require treatment in addition to or beyond that

which is required by that standard, and do not create additional substantive rights. The obligation to provide:

- (a) 'fair and equitable treatment' includes the obligation not to deny justice in criminal, civil or administrative adjudicatory proceedings in accordance with the principle of due process embodied in the principal legal systems of the world; and
- (b) 'full protection and security' requires each Party to provide the level of police protection required under customary international law. 3. A determination that there has been a breach of another provision of this Agreement, or of a separate international agreement, does not establish that there has been a breach of this Article.

Article 12.4 National Treatment

str. 2691. Each Party shall accord to investors of the other Party treatment no less favourable than that it accords, in like circumstances, to its own investors with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments in its territory. 2. Each Party shall accord to covered investments treatment no less favourable than that it accords, in like circumstances, to investments in its territory of its own investors with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments.

Article 12.5

Most-Favoured-Nation Treatment

str. 2701. Each Party shall accord to investors of the other Party treatment no less favourable than that it accords, in like circumstances, to investors of any non-Party with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments in its territory. 2. Each Party shall accord to covered investments treatment no less favourable than that it accords, in like circumstances, to investments in its territory of investors of any non-Party with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments. 3. For greater certainty, paragraphs 1 and 2 shall not be construed as granting to investors options or procedures for the settlement of disputes other than those set out in Section 12-B (Investor-State Dispute Settlement). 4. Notwithstanding paragraphs 1 and 2, in the case of supply of services in the territory of a Party by covered investments, each Party shall:
5. (a) accord to investors of the other Party treatment no less favourable than that it accords, in like circumstances, to investors of any non-Party with respect only to the management, conduct, operation, and sale or other disposition of investments in its territory; and
6. (b) accord to covered investments treatment no less favourable than that it accords, in like circumstances, to investments in its territory of investors of any non-Party with respect only to the management, conduct, operation, and sale or other disposition of investments.

Article 12.6 Compensation for Losses

str. 2701. Investors of one Party whose covered investments in the territory of the other Party suffer losses owing to war or other armed conflict, revolution, a state of national emergency, insurrection,

riot, or any other similar event in the territory of the latter Party, shall be accorded by the latter Party treatment, as regards restitution, indemnification, compensation or other settlement, no less favourable than that which the latter Party accords to investments of its own investors or investments of investors of any non-Party, whichever is more favourable, to the covered investment of the investor of the former Party. All payments that may result shall be deemed freely transferable.

str. 2712. Notwithstanding paragraph 1, if an investor of a Party, in the situations referred to in paragraph 1, suffers a loss in the territory of the other Party resulting from:
2. (a) requisitioning of its covered investment or part thereof by the latter's forces or authorities; or
3. (b) destruction of its covered investment or part thereof by the latter's forces or authorities, which was not required by the necessity of the situation,

the latter Party shall provide the investor restitution, compensation, or both, as appropriate, for such loss.

Article 12.7 Performance Requirements [10]

str. 2711. Neither Party may, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment of an investor of a Party or of a non-Party in its territory, impose or enforce any requirement or enforce any commitment or undertaking [11] :
2. (a) to export a given level or percentage of goods or services;
3. (b) to achieve a given level or percentage of domestic content;
4. (c) to purchase, use, or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory;
5. (d) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment;
6.

str. 272(e) to restrict sales of goods or services in its territory that such investment produces or supplies by relating such sales in any way to the volume or value of its exports or foreign exchange earnings; - (f) to transfer a particular technology, a production process, or other proprietary knowledge to a person in its territory; or
- (g) to supply exclusively from the territory of the Party the goods that such investment produces or the services that such investment supplies to a specific regional market or to the world market. 2. Neither Party may condition the receipt or continued receipt of an advantage, in connection with the establishment, acquisition, expansion, management, conduct, operation, or sale or other disposition of an investment in its territory of an investor of a Party or of a non-Party, on compliance with any requirement:
- (a) to achieve a given level or percentage of domestic content;
- (b) to purchase, use, or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory;
- (c) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such investment; or
- (d) to restrict sales of goods or services in its territory that such investment produces or supplies by relating such sales in any way to the volume or value of its exports or foreign exchange earnings. 3. (a) For greater certainty, nothing in paragraph 1 shall be construed to prevent a Party from, in connection with the establishment, acquisition, expansion, management, conduct, operation or sale or other disposition of an investment of an investor of a Party or of a non-Party in its territory, imposing or enforcing a requirement or enforcing a commitment or undertaking to employ or train workers in its territory, provided that such employment or training does not require the transfer of a particular technology, production process, or other proprietary knowledge to a person in its territory. - (b) For greater certainty, nothing in paragraph 2 shall be construed to prevent a Party from conditioning the receipt or continued receipt of an advantage, in connection with an investment in its territory of an investor of a Party or of a non-Party, on compliance with a requirement to locate production, supply a service, employ or train workers, construct or expand particular facilities, or carry out research and development, in its territory.

str. 273- (c) The provisions of subparagraph 1(f) do not apply:
- requiring the disclosure of proprietary information that fall within the scope of, and are consistent with, Article 39 of the TRIPS Agreement; or - (ii) the requirement is imposed or the commitment or undertaking is enforced by a court, administrative tribunal, or competition authority to remedy a practice determined after judicial or administrative process to be anti-competitive under the Party's competition laws [13] . - (d) Subparagraphs 1(a), 1(b), 1(c), 1(d) , 2(a) and 2(b), do not apply to qualification requirements for goods or services with respect to export promotion and foreign aid programs. - (e) Subparagraphs 2(a) and 2(b) do not apply to requirements imposed by an importing Party relating to the content of goods necessary to qualify for preferential tariffs or preferential quotas. 4. For greater certainty, paragraphs 1 and 2 do not apply to any commitment, undertaking, or requirement other than those set out in those paragraphs. 5. This Article does not preclude enforcement of any commitment, undertaking, or requirement between private parties, where a Party did not impose or require the commitment, undertaking, or requirement. - (i) when a Party authorises use of an intellectual property right in accordance with Article 31 [12] of the TRIPS Agreement, or to measures

Article 12.8

Senior Management and Boards of Directors

str. 2731. Neither Party may require that an enterprise of that Party that is a covered investment appoint to senior management positions natural persons of any particular nationality. 2. A Party may require that a majority of the board of directors, or any committee thereof, of an enterprise of that Party that is a covered investment, be of a particular nationality, or resident in the territory of the Party, provided that the requirement does not materially impair the ability of the investor of the other Party to exercise control over its investment.

Article 12.9

Non-Conforming Measures

str. 2731. Articles 12.4 (National Treatment

str. 274) , 12.5 (Most-Favoured-Nation Treatment) , 12.7 (Performance Requirements) and 12.8 (Senior Management and Board of Directors) do not apply to:
2. (a) any existing non-conforming measure that is maintained by a Party as set out in its Schedule to Annex 7-A. 3. (b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a); or
4. (c) an amendment to any non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not decrease the conformity of the measure, as it existed at the date of the entry into force of this Agreement, with Articles 12.4 (National Treatment), 12.5 (Most-Favoured-Nation Treatment), 12.7 (Performance Requirements) and 12.8 (Senior Management and Board of Directors). 2. Articles 12.4 (National Treatment), 12.5 (Most-Favoured-Nation Treatment) , 12.7 (Performance Requirements) and 12.8 (Senior Management and Board of Directors) do not apply to any measure that a Party adopts or maintains with respect to sectors, subsectors, or activities, as set out in its Schedule to Annex 7-B. 3. Neither Party may, under any measure adopted after the date of entry into force of this Agreement and covered by its Schedule to Annex 7-B, require an investor of the other Party, by reason of its nationality, to sell or otherwise dispose of an investment existing at the time the measure becomes effective. 4. Articles 12.4 (National Treatment) and 12.5 (Most-Favoured-Nation Treatment) do not apply to any measure that is an exception to, or derogation from, a Party's obligations under Chapter 15 (Intellectual Property) and the TRIPS Agreement, as specifically provided for in that Agreement. 5. Articles 12.4 (National Treatment) , 12.5 (Most-Favoured-Nation Treatment), 12.7 (Performance Requirements) and 12.8 (Senior Management and Board of Directors) do not apply to government procurement.

Article 12.10

Special Formalities and Treatment of Information

str. 2751. Nothing in Article 12.4 (National Treatment) shall be construed to prevent a Party from adopting or maintaining a measure that prescribes special formalities in connection with covered investments, such as residency requirements for registration or a requirement that covered investments be legally constituted under its laws or regulations, provided that such formalities do not materially impair the protections afforded by the Party to investors of the other Party and covered investments pursuant to this Chapter. 2. Notwithstanding Article 12.4 (National Treatment) and Article 12.5 (Most-FavouredNation Treatment), a Party may require an investor of the other Party or its covered investment to provide information concerning that investment solely for informational or statistical purposes. The Party shall protect such business information that is confidential from any disclosure that would prejudice the competitive position of the investor or the covered investment. Nothing in this paragraph shall be construed to prevent a Party from otherwise obtaining or disclosing information in connection with the equitable and good faith application of its law.

[14]

Article 12.11 Expropriation

str. 2751. Neither Party shall nationalise, expropriate or subject to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as 'expropriation') a covered investment unless such a measure is taken on a nondiscriminatory basis, for a public purpose, in accordance with due process of law and Article 12.3 (Minimum Standard of Treatment), and upon payment of compensation in accordance with this Article. 2. The expropriation shall be accompanied by the payment of prompt, adequate and effective compensation. Compensation shall be equivalent to the fair market value of the expropriated investment immediately before the expropriation or impending expropriation became public knowledge. Such compensation shall be effectively realisable, freely transferable in accordance with Article 12.12 (Transfers) and made without delay. The compensation shall include interest at an appropriate and reasonable rate for that currency, accrued from the date of expropriation until the date of payment. 3.

str. 276Notwithstanding paragraphs 1 and 2, any measure of expropriation relating to land, which shall be as defined in the existing domestic legislation of the expropriating Party on the date of entry into force of this Agreement, shall be for a purpose and upon payment of compensation in accordance with the aforesaid legislation. 4. This Article does not apply to the issuance of compulsory licences granted in relation to intellectual property rights in accordance with the TRIPS Agreement, or to the revocation, limitation, or creation of intellectual property rights, to the extent that such issuance, revocation, limitation, or creation is consistent with Chapter 15 (Intellectual Property) and the TRIPS Agreement [15] .

Article 12.12 Transfers

str. 2761. Each Party shall permit all transfers relating to a covered investment to be made freely and without delay into and out of its territory. Such transfers include:
2. (a) the initial capital and additional amounts to maintain or increase a covered investment;
3. (b) profits, dividends, capital gains, and proceeds from the sale of all or any part of the covered investment or from the partial or complete liquidation of the covered investment;
4. (c) interest, royalty payments, management fees, and technical assistance and other fees;
5. (d) payments made under a contract entered into by the investor, or its covered investment, including payments made pursuant to a loan agreement;
6. (e) payments made pursuant to Article 12.6 (Compensation for Losses) and Article 12.11(Expropriation); and
7. (f) payments arising under Section 12-B (Investor-State Dispute Settlement). 2. Each Party shall permit such transfers to be made in a freely convertible currency at the market rate of exchange prevailing at the time of transfer. 3. Each Party shall permit returns in kind relating to a covered investment to be made as authorised or specified in an investment authorisation or other written agreement between the Party and a covered investment or an investor of the other Party. 4. Notwithstanding paragraphs 1, 2, and 3, a Party may delay or prevent a transfer through the equitable, non-discriminatory, and good faith application of its laws relating to:
11.

str. 277(a) bankruptcy, insolvency, or the protection of the rights of creditors;
12. (b) issuing, trading, or dealing in securities, futures, options, or derivatives;
13. (c) financial reporting or record keeping of transfers when necessary to assist law enforcement or financial regulatory authorities;
14. (d) criminal or penal offences;
15. (e) ensuring compliance with orders or judgments in judicial or administrative proceedings; or

- (f) social security [16] , public retirement or compulsory savings schemes. 5. Nothing in this Chapter shall affect the rights and obligations of the members of the International Monetary Fund under the Articles of Agreement of the International Monetary Fund , including the use of exchange actions which are consistent with such Articles of Agreement , provided that a Party shall not impose restrictions on any capital transactions inconsistently with its obligations under this Chapter regarding such transactions, except under Article 18.6 (Restrictions to Safeguard the Balanceof-Payments) of Chapter 18 (Institutional, General and Final Provisions) or at the request of the International Monetary Fund .

Article 12.13

Subrogation

str. 2771. If a Party (or any agency, institution, statutory body or corporation designated by it) makes a payment to any of its investors under a guarantee, a contract of insurance or other form of indemnity it has granted in respect of a covered investment, against non-commercial risks, the other Party shall recognise the subrogation or transfer of any right or title in respect of such investment. The Party or its designated Agency is entitled by virtue of subrogation to exercise the rights and enforce the claims of that investor. The subrogated or transferred right or claim shall not be greater than the original right or claim of the investor. 2. Where a Party (or any agency, institution, statutory body or corporation designated by it) has made a payment to an investor of that Party and has taken over rights and claims of the investor, that investor shall not, unless authorised to act on behalf of the Party or the designated agency of the Party making the payment, pursue those rights and claims against the other Party.

SECTION 12-B INVESTOR-STATE DISPUTE SETTLEMENT

Article 12.14 Scope

str. 278This Section shall apply to disputes between a Party and an investor of the other Party 17 concerning an alleged breach of Articles 12.3 (Minimum Standard of Treatment), 12.4 (National Treatment), 12.5 (Most-Favoured-Nation Treatment), 12.6

(Compensation for Losses), paragraph 1 of 12.7 (Performance Requirements), 12.8 (Senior Management and Boards of Directors), paragraph 3 of 12.9 (Non-Conforming Measures), 12.10 (Special Formalities and Treatment of Information), 12.11 (Expropriation), 12.12 (Transfers), and 12.13 (Subrogation), which causes loss or damage to the investor or its covered investment. 2. This Section shall not apply to any dispute concerning any measure adopted or maintained or any treatment accorded to investors or investments by a Party in respect of tobacco or tobacco-related products 18 , that is aimed at protecting or promoting human health.

Article 12.15 Institution of Arbitral Proceedings

str. 279- (a) under the ICSID Convention and the ICSID Arbitration Rules, provided that both Parties are parties to the ICSID Convention;
- (b) under the ICSID Additional Facility Rules, provided that one of the Parties, but not both, is a party to the ICSID Convention;
- (c) under the UNCITRAL Arbitration Rules; or
- (d) to any other arbitral institutions or under any other arbitration rules, if the disputing parties so agree. 4. Each Party hereby consents to the submission of a dispute to arbitration under subparagraphs 3(a), 3(b), 3(c) and 3(d) in accordance with the provisions of this Section, conditional upon:
- (a) the submission of the dispute to such arbitration taking place within three years of the time at which the claimant became aware, or should reasonably have become aware, of a breach of an obligation under this Agreement causing loss or damage to the claimant or its covered investment;
- (b) the claimant not being an enterprise of the respondent until the claimant refers the dispute for arbitration pursuant to paragraph 3;
- (c) the claimant providing written consent to arbitration in accordance with the provisions set out in this Section; and
- (d) the claimant providing written notice, which shall be delivered at least 90 days before the claim is submitted, to the respondent of its intent to submit the dispute to such arbitration and which:
- (i) states the name and address of the claimant and, where a dispute is submitted on behalf of an enterprise, the name, address, and place of constitution of the enterprise;
- (ii) nominates one of the fora referred to in paragraph 3 as the forum for dispute settlement;
- (iii) is accompanied,
- (b) controlled by natural persons or enterprises of the other Party if such natural persons or enterprises have the power to name a majority of its directors or otherwise to legally direct its actions. - (A) for claims submitted to arbitration under subparagraph 2(a), by the claimant's written waiver; and
- (B) for claims submitted to arbitration under subparagraph 2(b), by the claimant's and the enterprise's written waivers

of any right to initiate or continue any proceedings (excluding proceedings for interim measures of protection referred to in paragraph 1 of Article 12.19 (Interim Measures of Protection and Diplomatic Protection)) before any of the other dispute settlement fora referred to in paragraph 3 in relation to the matter under dispute; and

- (iv) briefly summarises the alleged breach of the respondent under this Agreement (including the provisions alleged to have been breached), the legal and factual basis for the dispute, and the loss or damage allegedly caused to the claimant or its covered investment by reason of that breach. - (e) In deciding whether an investment dispute is within the jurisdiction of ICSID and competence of the tribunal established under subparagraphs 3(a) and 3(b), that tribunal shall comply with the notification 20 submitted by the Republic of Turkey on March 3, 1989 to ICSID in accordance with Article 25 (4) of ICSID Convention, concerning classes of disputes considered suitable or unsuitable for submission to the jurisdiction of ICSID, as an integral part of this Agreement. 5. The consent under paragraph 4 and the submission of a claim to arbitration under this Section shall satisfy the requirements of:
- (a) Chapter II of the ICSID Convention (Jurisdiction of the Centre) and the ICSID Additional Facility Rules for written consent of the parties to the dispute; and
- (b) Article II of the New York Convention for an 'agreement in writing'. 6. A claim that is submitted for arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article I of the New York Convention.

Article 12.16 Constitution of Arbitral Tribunal

str. 280- 20 In this regard, the phrase 'necessary permission' in the said notification refers only to the initial permission or approval required for an investment to be made in Turkey in conformity with the relevant legislation of the Republic of Turkey on foreign capital, and does not include any other permission or approval that may be required under the law of the Republic of Turkey. 1. Unless the disputing parties otherwise agree, the arbitral tribunal shall be composed of three arbitrators. Each disputing party shall appoint one arbitrator and the disputing parties shall agree upon a third arbitrator, who shall be the chairman of the arbitral tribunal. If an arbitral tribunal has not been established within 90 days from the date on which the claim was submitted to arbitration,

either because a disputing party failed to appoint an arbitrator or because the disputing parties failed to agree upon the chairman, the Secretary-General of ICSID, upon request of either disputing party, shall appoint, at his own discretion, the arbitrator or arbitrators not yet appointed.

str. 2812. For the purposes of paragraph 1, in the event that the Secretary-General of ICSID is a national or permanent resident of either Party, the Deputy Secretary-General of ICSID or the officer next in seniority who is not a national or permanent resident of either Party shall be requested to make the necessary appointment or appointments.

Article 12.17 Place of Arbitration

str. 281Unless the disputing parties otherwise agree, the tribunal shall determine the place of arbitration in accordance with the applicable arbitration rules, provided that the place shall be in the territory of a State that is a party to the New York Convention.

Article 12.18 Conduct of the Arbitration

str. 2811. A tribunal established under this Section shall decide the issues in dispute in accordance with this Agreement and the applicable rules and principles of international law. [17]
2. Without prejudice to a tribunal's authority to address other objections as a preliminary question, such as an objection that a dispute is not within the competence of the tribunal, including an objection to the tribunal's jurisdiction, a tribunal shall address and decide as a preliminary question any objection by the respondent that, as a matter of law, a claim submitted is not a claim for which an award in favour of the claimant may be made under Article 12.20 (Award). 3. (a) Such objection shall be submitted to the tribunal as soon as possible after the tribunal is constituted, and in no event later than the date the tribunal fixes for the respondent to submit its counter-memorial (or, in the case of an amendment to the notice of arbitration, the date the tribunal fixes for the respondent to submit its response to the amendment). 4. (b) On receipt of an objection under this paragraph, the tribunal shall suspend any proceedings on the merits, establish a schedule for considering the objection consistent with any schedule it has established for considering any other preliminary question, and issue a decision or award on the objection, stating the grounds therefor. 5. (c) In deciding an objection under this paragraph, the tribunal shall assume to be true claimant's factual allegations in support of any claim in the notice of arbitration
6. (or any amendment thereof) and, in disputes brought under the UNCITRAL Arbitration Rules, the statement of claim referred to in the relevant article of the UNCITRAL Arbitration Rules. The tribunal may also consider any relevant facts not in dispute.

str. 2827. (d) The respondent does not waive any objection as to competence or any argument on the merits merely because the respondent did or did not raise an objection under this paragraph or make use of the expedited procedure set out in paragraph 3. 3. In the event that the respondent so requests within 45 days after the tribunal is constituted, the tribunal shall decide on an expedited basis an objection under paragraph 2 or any objection that the dispute is not within the tribunal's competence, including an objection that the dispute is not within the tribunal's jurisdiction. The tribunal shall suspend any proceedings on the merits and issue a decision or award on the objection(s), stating the grounds therefor, no later than 150 days after the date of the request. However, if a disputing party requests a hearing, the tribunal may take an additional 30 days to issue the decision or award. Regardless of whether a hearing is requested, a tribunal may, on a showing of extraordinary cause, delay issuing its decision or award by an additional brief period, which may not exceed 30 days. 4. When it decides a respondent's objection under paragraph 2 or 3, the tribunal may, if warranted, award to the prevailing disputing party reasonable costs and attorney's fees incurred in submitting or opposing the objection. In determining whether such an award is warranted, the tribunal shall consider whether either the claimant's claim or the respondent's objection was frivolous, and shall provide the disputing parties a reasonable opportunity to comment.

Article 12.19 Interim Measures of Protection and Diplomatic Protection

str. 2821. Subparagraph 4(d)(iii) of Article 12.15 (Institution of Arbitral Proceedings) shall not prevent the claimant from seeking interim measures of protection, not involving the payment of damages or resolution of the substance of the matter in dispute before the courts or administrative tribunals of the respondent, prior to the institution of proceedings before any of the dispute settlement fora referred to in paragraph 3 of Article 12.15 (Institution of Arbitral Proceedings), for the preservation of its rights and interests. 2.

str. 283Neither Party shall give diplomatic protection, or bring an international claim, in respect of a dispute which one of its investors and the other Party shall have consented to submit or have submitted to arbitration under this Section, unless such other Party has failed to abide by and comply with the award rendered in such dispute. Diplomatic protection, for the purposes of this paragraph, shall not include informal diplomatic exchanges for the sole purpose of facilitating a settlement of the dispute.

Article 12.20 Award

str. 2831. Where a tribunal makes a final award against a respondent, the tribunal may award, separately or in combination, only:
2. (a) monetary damages and any applicable interest; and
3. (b) restitution of property, in which case the award shall provide that the respondent may pay monetary damages and any applicable interest in lieu of restitution. A tribunal may also award costs and attorney's fees in accordance with this Section and the applicable arbitration rules. 2. Any arbitral award shall be final and binding upon the disputing parties. Each Party shall ensure the recognition and enforcement of the award in accordance with its relevant laws and regulations. 3. Where a claim is submitted on behalf of an enterprise of the respondent, the arbitral award shall be made to the enterprise.

Article 12.21 Consolidation

str. 2831. Where two or more claims have been submitted separately to arbitration under this Section, and the claims have a question of law or fact in common and arise out of the same events or circumstances, any disputing party may seek a consolidation order, in accordance with the agreement of all the disputing parties sought to be covered by the order or the terms of this Article. 2. A disputing party that seeks a consolidation order under this Article shall deliver, in writing, a request to the Secretary-General of ICSID and to all the disputing parties sought to be covered by the order, specifying the name and address of all the disputing parties sought to be covered by the order; the nature of the order sought; and the grounds on which the order is sought. 3. Unless the Secretary-General of ICSID finds within 30 days after receiving a request in conformity with paragraph 2 that the request is manifestly unfounded, a tribunal shall be established under this Article. 4. Unless all the disputing parties sought to be covered by the consolidation order otherwise agree, the tribunal established under this Article shall comprise three arbitrators:

str. 284- (a) one arbitrator appointed by agreement of the disputing investors;
- (b) one arbitrator appointed by the respondent; and
- (c) the chairman of the arbitral tribunal appointed by the Secretary-General of ICSID provided that the chairman shall not be a national of either Party. 5. If, within the 60 days after the Secretary-General receives a request made under paragraph 2, the respondent fails or the disputing investors fail to appoint an arbitrator in accordance with paragraph 4, the Secretary-General, on request of any disputing party sought to be covered by the order, shall appoint the arbitrator or arbitrators not yet appointed. 6. Where a tribunal established under this Article is satisfied that two or more claims that have been submitted to arbitration in accordance to Article 12.15 (Institution of Arbitral Proceedings), have a question of law or fact in common, and arise out of the same events or circumstances, the tribunal may, in the interest of fair and efficient resolution of the claims, and after hearing the disputing parties, by order:
- (a) assume jurisdiction over, and hear and determine together, all or part of the claims;
- (b) assume jurisdiction over, and hear and determine one or more claims, whose determination it considers would assist in the resolution of the other claims; or
- (c) instruct a tribunal previously established under Article 12.16 (Constitution of the Arbitral Tribunal) to assume jurisdiction over and to hear and determine together, all or part of the claims, provided that:
- (i) that tribunal, at the request of any disputing investor not previously a disputing party before that tribunal, shall be reconstituted with its original members, except that the arbitrator for the disputing investors shall be appointed pursuant to paragraphs 4(a) and 5; and
- (ii) that tribunal shall decide whether any previous hearing must be repeated. 7. Where a tribunal has been established under this Article, a disputing investor that has submitted a claim to arbitration pursuant to Article 12.15 (Institution of Arbitral Proceedings) and that has not been named in a request made under paragraph 2, may make a written request to the tribunal that it be included in any order issued under paragraph 6, specifying:
- (a) the name and address of the disputing investor;
-

str. 285- (b) the nature of the order sought; and
- (c) the grounds on which the order is sought. The claimant shall provide the Secretary-General with a copy of his request. 8. A tribunal established pursuant to this Article shall conduct the proceedings in accordance with the UNCITRAL Arbitration Rules, except as modified by this Section. 9. A tribunal established under Article 12.16 (Constitution of the Arbitral Tribunal) shall not have jurisdiction to decide a claim or a part of a claim over which a tribunal established or instructed under this Article has assumed jurisdiction. 10. On application of a disputing party, a tribunal established pursuant to this Article may, pending its decision under paragraph 6, order that the proceedings of a tribunal established under Article 12.16 (Constitution of the Arbitral Tribunal) be stayed, unless the latter tribunal has already adjourned its proceedings.

SECTION 12-C FINAL PROVISIONS

Article 12.22 Denial of Benefits

str. 2851. A Party may deny the benefits of this Chapter to an investor of the other Party and to its investments if the investor is an enterprise owned or controlled by persons of a non-Party or the denying Party, and such enterprise has no substantive business operations in the territory of the other Party. 2. The denying Party shall, to the extent practicable, notify the other Party before denying the benefits. If the denying Party provides such notice, it shall consult with the other Party at the request of the other Party.

Article 12.23

Publication of International Agreements

str. 2851. Each Party shall ensure that international agreements pertaining to or affecting investors or investment activities to which a Party is a signatory shall be promptly published or otherwise made available in such a manner as to enable interested persons or parties to become acquainted with them. 2. To the extent possible, each Party shall make the international agreements of the kind referred to in paragraph 1 available on the Internet. Each Party shall, upon request by the other Party, respond to specific questions from and provide information to the other Party with respect to the international agreements referred to in paragraph 1.

Article 12.24

General Exceptions [18]

str. 286Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination against the other Party or its investors where like conditions prevail, or a disguised restriction on investments of investors of the other Party in the territory of a Party, nothing in this Agreement shall be construed to prevent the adoption or enforcement by a Party of measures:

- (a) necessary to protect public morals or to maintain public order [19] ;
- (b) necessary to protect human, animal or plant life or health [20] ;
- (c) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement including those relating to:
- (i) the prevention of deceptive and fraudulent practices or to deal with the effects of a default on a contract;
- (ii) the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts;
- (iii) safety; or
- (d) relating to the conservation of exhaustible natural resources.

Article 12.25 Savings Clause

str. 2861. For 10 years from the date of termination of this Agreement, the following provisions (including the relevant Annexes and Appendices) shall continue to apply to covered investments in existence at the date of termination, and without prejudice to the application thereafter of the rules of general international law:
2. (a) the provisions of this Chapter; and
3. (b) such other provisions in the Agreement as may be necessary for or consequential to the application or interpretation of this Chapter. 2. For the avoidance of doubt, paragraph 1 shall not apply to the establishment, acquisition or expansion of investments after the date of termination.

Article 12.26

Term of Investment Promotion and Protection Agreement

ANNEX 12-A EXPROPRIATION

CHAPTER 13 GOVERNMENT PROCUREMENT

Article 13.1 Definitions

Article 13.2 Scope and Coverage

str. 2921. This Chapter shall apply to any measure regarding covered procurement, whether or not it is conducted exclusively or partially by electronic means. 2. For the purposes of this Chapter, covered procurement means procurement for governmental purposes:
3. (a) of goods, services, or any combination thereof:
4. (i) as specified in each Party's Annexes; and

- (ii) not procured with a view to commercial sale or resale, or for use in the production or supply of goods or services for commercial sale or resale;
- (b) by any contractual means, including: purchase; lease; and rental or hire purchase, with or without an option to buy; and Public Private Partnership contracts as specified in Annex 13-I (Public Private Partnerships);
- (c) for which the value, as estimated in accordance with paragraphs 6 to 8, equals or exceeds the relevant threshold specified in a Party's Annexes at the time of publication of a notice in accordance with Article 13.7 (Notices);
- (d) by a procuring entity; and
- (e) that is otherwise not excluded from coverage in paragraph 3 or in a Party's Annexes. 3.

str. 294Except where provided otherwise in a Party's Annexes, this Chapter shall not apply to:
- (a) the acquisition or rental of land, existing buildings or other immovable property or the rights thereon;
- (b) non-contractual agreements or any form of assistance that a Party provides, including cooperative agreements, grants, loans, equity infusions, guarantees and fiscal incentives;
- (c) the procurement or acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions or services related to the sale, redemption and distribution of public debt, including loans and government bonds, notes and other securities;
- (d) public employment contracts;

- (e) procurement conducted:
- (i) for the specific purpose of providing international assistance, including development aid;
- (ii) under the particular procedure or condition of an international agreement relating to the stationing of troops or relating to the joint implementation by the signatory countries of a project; or
- (iii) under the particular procedure or condition of an international organisation, or funded by international grants, loans or other assistance where the applicable procedure or condition would be inconsistent with this Chapter. 4.

str. 295Each Party shall specify the following information in its Annexes to this Chapter:
- (a) in Annex 13-A (Central Entities), the central government entities whose procurement is covered by this Chapter;
- (b) in Annex 13-B (Sub-central Entities), the sub-central government entities whose procurement is covered by this Chapter;
- (c) in Annex 13-C (Other Entities), all other entities whose procurement is covered by this Chapter;
- (d) in Annex 13-D (Goods), the goods covered by this Chapter;
- (e) in Annex 13-E (Services), the services, other than construction services, covered by this Chapter;

Valuation

str. 295(f) in Annex 13-F (Construction Services), the construction services covered by this Chapter; - (g) in Annex 13-G (General Notes and Derogations), any General Notes;

- (h) in Annex 13-H (Means of Publication), means of publications; and

- (i) in Annex 13-I (Public Private Partnerships), Public Private Partnership contracts. 5. Where a procuring entity, in the context of covered procurement, requires persons not covered under a Party's Annexes to procure in accordance with particular requirements, Article 13.4 (General Principles) shall apply mutatis mutandis to such requirements. 6. In estimating the value of a procurement for the purpose of ascertaining whether it is a covered procurement, a procuring entity shall:

- (a) neither divide a procurement into separate procurements nor select or use a particular valuation method for estimating the value of a procurement with the intention of totally or partially excluding it from the application of this Chapter; and

- (b) include the estimated maximum total value of the procurement over its entire duration, whether awarded to one or more suppliers, taking into account all forms of remuneration, including:

- (i) premiums, fees, commissions and interest; and

- (ii) where the procurement provides for the possibility of options, the total value of such options. 7. Where an individual requirement for a procurement results in the award of more than one contract, or in the award of contracts in separate parts (hereinafter referred to as 'recurring contracts'), the calculation of the estimated maximum total value shall be based on:

str. 2962. (a) the value of recurring contracts of the same type of good or service awarded during the preceding 12 months or the procuring entity's preceding fiscal year, adjusted, where possible, to take into account anticipated changes in the quantity or value of the good or service being procured over the following 12 months; or
3. (b) the estimated value of recurring contracts of the same type of good or service to be awarded during the 12 months following the initial contract award or the procuring entity's fiscal year. 8. In the case of procurement by lease, rental or hire purchase of goods or services, or procurement for which a total price is not specified, the basis for valuation shall be:
5. (a) in the case of a fixed-term contract:
6. (i) where the term of the contract is 12 months or less, the total estimated maximum value for its duration; or
7. (ii) where the term of the contract exceeds 12 months, the total estimated maximum value, including any estimated residual value;
8. (b) where the contract is for an indefinite period, the estimated monthly installment multiplied by 48; and
9. (c) where it is not certain whether the contract is to be a fixed-term contract, subparagraph (b) shall be used.

Article 13.3 Security and General Exceptions

str. 2961. Nothing in this Chapter shall be construed to prevent any Party from taking any action or not disclosing any information that it considers necessary for the protection of its essential security interests relating to the procurement of arms, ammunition or war materials, or to procurement indispensable for national security or for national defence purposes.

str. 2972. Subject to the requirement that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between Parties where the same conditions prevail or a disguised restriction on international trade, nothing in this Chapter shall be construed to prevent any Party from imposing or enforcing measures:
3. (a) necessary to protect public morals, order or safety;
4. (b) necessary to protect human, animal or plant life or health;
5. (c) necessary to protect intellectual property; or
6. (d) relating to goods or services of persons with disabilities, philanthropic institutions or prison labour.

Article 13.4 General Principles

National Treatment and Non-Discrimination

str. 2971. With respect to any measure regarding covered procurement, each Party, including its procuring entities, shall accord immediately and unconditionally to the goods and services of the other Party and to the suppliers of the other Party, treatment no less favourable than the treatment the Party, including its procuring entities, accords to domestic goods, services and suppliers. 2. With respect to any measure regarding covered procurement, a Party, including its procuring entities, shall not:
3.

str. 298(a) treat a locally established supplier of the other Party less favourably than another locally established supplier on the basis of degree of foreign affiliation or ownership; or 4. (b) discriminate against a locally established supplier on the basis that the goods or services offered by that supplier for a particular procurement are goods or services of the other Party.

Use of Electronic Means

str. 2983. When conducting covered procurement by electronic means, a procuring entity shall: (a) ensure that the procurement is conducted using information technology systems and software, including those related to authentication and encryption of information, that are generally available and interoperable with other generally available information technology systems and software; and
2. (b) maintain mechanisms that ensure the integrity of requests for participation and tenders, including establishment of the time of receipt and the prevention of inappropriate access.

Conduct of Procurement

str. 2984. A procuring entity shall conduct covered procurement in a transparent and impartial manner that:

- (a) is consistent with this Chapter, using methods such as open tendering, selective tendering and limited tendering;

- (b) avoids conflicts of interest; and

- (c) prevents corrupt practices.

Rules of Origin

str. 2985. For the sole purpose of determining customs duties applicable to goods imported for purposes of government procurement, the Parties shall apply the same rules of origin that are used to determine customs duties applicable to imports of goods for other purposes.

Measures Not Specific to Procurement

str. 299Paragraphs 1 and 2 shall not apply to: customs duties and charges of any kind imposed on, or in connection with, importation; the method of levying such duties and charges; other import regulations or formalities and measures affecting trade in services other than measures governing covered procurement.

Article 13.5 Industry Development

str. 2991. Subject to paragraphs 2, 3, and 4, considering the development needs and circumstances of the Parties, and notwithstanding paragraphs 1 and 2 of Article 13.4 (General Principles), Turkey may:

- (a) provide a price preference to the suppliers of domestic goods and domestic suppliers of services; and

- (b) impose or enforce offsets. 2. With effect from 10 years after the entry into force of this Agreement, Turkey shall apply paragraphs 1 and 2 of Article 13.4 (General Principles) in relation to:

- (a) suppliers of Singapore-originating goods, as defined by Protocol 1 (Concerning the Definition of the Concept of 'Originating Products' and Methods of Administrative Co-operation); and

- (b) service suppliers of Singapore which have substantive business operations in the territory of Singapore, as defined by Chapter 7 (Cross-Border Trade in Services). 3. Turkey shall not increase the maximum margin of price preference in force at the date of entry into force of this Agreement. 4. In the event that Turkey implicitly or explicitly, extends more favourable treatment to any third party or parties, with regard to price preference or offsets in any international agreement, or ceases to provide for price preference or offsets within its domestic legislation after the entry into force of this Agreement, Turkey shall automatically extend the same benefit to Singapore.

Article 13.6 Information on the Procurement System

str. 3001. Each Party shall:
2. (a) promptly publish any law, regulation, judicial decision, administrative ruling of general application, standard contract clause mandated by law or regulation and incorporated by reference in notices or tender documentation and procedure regarding covered procurement, and any modifications thereof, in an officially designated electronic or paper medium that is widely disseminated and remains readily accessible to the public; and
3. (b) provide an explanation thereof to the other Party, on request. 2. Each Party shall list in Annex 13-H (Means of Publication):
5. (a) the electronic or paper media in which the Party publishes the information described in paragraph 1;
6. (b) the electronic or paper media in which the Party publishes the notices required by Article 13.7 (Notices), paragraph 8 of Article 13.9 (Qualification of Suppliers), and paragraph 2 of Article 13.16 (Transparency of Procurement Information). 3. Each Party shall promptly notify the other Party any modification to the Party's information listed in Annex 13-H (Means of Publication).

Article 13.7 Notices

Notice of Intended Procurement

str. 3011. For each covered procurement, a procuring entity shall publish a notice of intended procurement in the appropriate paper or electronic medium listed in Annex 13-H (Means of Publication), except in the circumstances described in Article 13.13 (Limited Tendering). Such medium shall be widely disseminated and such notice shall remain readily accessible to the public, at least until the expiration of the time-period indicated in the notice. Parties, including their procurement entities covered under Annex 13-B (Sub-central Entities) or 13-C (Other Entities), are encouraged to publish their notices by electronic means and make them accessible free of charge through a single point of access. 2. Except as otherwise provided in this Chapter, each notice of intended procurement shall include:
2. (a) the name and address of the procuring entity and other information necessary to contact the procuring entity and obtain all relevant documents relating to the procurement, and their cost and terms of payment, if any;
3. (b) a description of the procurement, including the nature and the quantity of the goods or services to be procured or, where the quantity is not known, the estimated quantity;
4. (c) for recurring contracts, an estimate, if possible, of the timing of subsequent notices of intended procurement;
5. (d) a description of options, if any;
6.

str. 302(e) the time-frame for delivery of goods or services or the duration of the contract; 7. (f) the procurement method that will be used and whether it will involve negotiation or electronic auction;
8. (g) where applicable, the address and any final date for the submission of requests for participation in the procurement;
9. (h) the address and the final date for the submission of tenders;
10. (i) the language or languages in which tenders or requests for participation may be submitted, if they may be submitted in a language other than an official language of the Party of the procuring entity;
11. (j) a list and brief description of any conditions for participation of suppliers, including any requirements for specific documents or certifications to be provided by suppliers in connection therewith, unless such requirements are included in tender documentation that is made available to all interested suppliers at the same time as the notice of intended procurement; and
12. (k) where, pursuant to Article 13.9 (Qualification of Suppliers), a procuring entity intends to select a limited number of qualified suppliers to be invited to tender, the criteria that will be used to select them and, where applicable, any limitation on the number of suppliers that will be permitted to tender.

Summary Notice

str. 3023. For each case of intended procurement, a procuring entity shall publish a summary notice that is readily accessible, at the same time as the publication of the notice of intended procurement in English. The summary notice shall contain at least the following information:
2.

str. 303(a) the subject-matter of the procurement;

- (b) the final date for the submission of tenders or, where applicable, any final date for the submission of requests for participation in the procurement or for inclusion on a multi-use list; and
- (c) the address from which documents relating to the procurement may be requested.

Notice of Planned Procurement

str. 3034. Procuring entities are encouraged to publish in the appropriate paper or electronic medium listed in Annex 13-H (Means of Publication) as early as possible in each fiscal year a notice regarding their future procurement plans (hereinafter referred to as 'notice of planned procurement'). The notice of planned procurement should include the subject-matter of the procurement and the planned date or indicative period of the publication of the notice of intended procurement. 5. A procuring entity covered under Annex 13-B (Sub-Central Entities) or Annex 13-C (Other Entities) may use a notice of planned procurement as a notice of intended procurement provided that the notice of planned procurement includes as much of the information referred to in paragraph 2 as is available to the entity and a statement that interested suppliers should express their interest in the procurement to the procuring entity.

Article 13.8 Conditions for Participation

str. 3031. A procuring entity shall limit any conditions for participation in a procurement to those that are essential to ensure that a supplier has the legal and financial capacities and the commercial and technical abilities to undertake the relevant procurement. 2. In establishing the conditions for participation, a procuring entity:
3. (a) shall not impose the condition that, in order for a supplier to participate in a procurement, the supplier has previously been awarded one or more contracts by a procuring entity of that Party; and
4. (b) may require relevant prior experience where essential to meet the requirements of the procurement.

str. 3043. In assessing whether a supplier satisfies the conditions for participation, a procuring entity:
6. (a) shall evaluate the financial capacity and the commercial and technical abilities of a supplier on the basis of that supplier's business activities both inside and outside the territory of the Party of the procuring entity; and
7. (b) shall base its evaluation on the conditions that the procuring entity has specified in advance in notices or tender documentation. 4. Where there is supporting evidence, a Party, including its procuring entities, may exclude a supplier on grounds such as:
9. (a) bankruptcy;
10. (b) false declarations;
11. (c) significant or persistent deficiencies in performance of any substantive requirement or obligation under a prior contract or contracts;
12. (d) final judgments in respect of serious crimes or other serious offences;
13. (e) professional misconduct or acts or omissions that adversely reflect on the commercial integrity of the supplier; or
14. (f) failure to pay taxes.

Article 13.9 Qualification of Suppliers

Registration Systems and Qualification Procedures

str. 3051. A Party, including its procuring entities, may maintain a supplier registration system under which interested suppliers are required to register and provide certain information. 2. Each Party shall ensure that:
3. (a) its procuring entities make efforts to minimise differences in their qualification procedures; and
4. (b) where its procuring entities maintain registration systems, the entities make efforts to minimise differences in their registration systems. 3. A Party, including its procuring entities, shall not adopt or apply any registration system or qualification procedure with the purpose or the effect of creating unnecessary obstacles to the participation of suppliers of the other Party in its procurement.

Selective Tendering

str. 3054. Where a procuring entity intends to use selective tendering, the entity shall:
2. (a) include in the notice of intended procurement at least the information specified in subparagraphs 2(a), (b), (f), (g), (j) and (k) of Article 13.7 (Notices) and invite suppliers to submit a request for participation; and
3. (b) provide, by the commencement of the time-period for tendering, at least the information in subparagraphs 2(c), (d), (e), (h) and (i) to the qualified suppliers that it notifies as specified in subparagraph 3(b) of Article 13.11 (Time Periods). 5. A procuring entity shall allow all qualified suppliers to participate in a particular procurement, unless the procuring entity states in the notice of intended procurement any limitation on the number of suppliers that will be permitted to tender and the criteria for selecting the limited number of suppliers.

str. 3066. Where the tender documentation is not made publicly available from the date of publication of the notice referred to in paragraph 4, a procuring entity shall ensure that those documents are made available at the same time to all the qualified suppliers selected in accordance with paragraph 5.

Multi-Use Lists

str. 3067. A procuring entity, where the domestic legislation permits, may maintain a multi-use list of suppliers, provided that a notice inviting interested suppliers to apply for inclusion on the list is:

- (a) published annually; and

- (b) where published by electronic means, made available continuously,

in the appropriate medium. 8.

str. 307The notice provided for in paragraph 7 shall include:

- (a) a description of the goods or services, or categories thereof, for which the list may be used;

- (b) the conditions for participation to be satisfied by suppliers for inclusion on the list and the methods that the procuring entity will use to verify that a supplier satisfies the conditions;

- (c) the name and address of the procuring entity and other information necessary to contact the entity and obtain all relevant documents relating to the list; - (d) the period of validity of the list and the means for its renewal or termination, or where the period of validity is not provided, an indication of the method by which notice will be given of the termination of use of the list; and
- (e) an indication that the list may be used for procurement covered by this Chapter. 9. Notwithstanding paragraph 7, where a multi-use list will be valid for three years or less, a procuring entity may publish the notice referred to in paragraph 7 only once, at the beginning of the period of validity of the list, provided that the notice:
- (a) states the period of validity and that further notices will not be published; and
- (b) is published by electronic means and is made available continuously during the period of its validity. 10. A procuring entity shall allow suppliers to apply at any time for inclusion on a multiuse list and shall include on the list all qualified suppliers within a reasonably short time. 11. Where a supplier that is not included on a multi-use list submits a request for participation in a procurement based on a multi-use list and all required documents, within the time period provided for in paragraph 2 of Article 13.11 (Time Periods), a procuring entity shall examine the request. The procuring entity shall not exclude the supplier from consideration in respect of the procurement on the grounds that the entity has insufficient time to examine the request, unless, in exceptional cases, due to the complexity of the procurement, the entity is not able to complete the examination of the request within the time period allowed for the submission of tenders. Entities covered under Annex 13-B (Sub-Central Entities) and Annex 13-C (Other Entities)

12. A procuring entity covered under Annex 13-B (Sub-Central Entities) or Annex 13-C (Other Entities) may use a notice inviting suppliers to apply for inclusion on a multiuse list as a notice of intended procurement, provided that:

str. 3082. (a) the notice is published in accordance with paragraph 7 and includes the information required under paragraph 8, as much of the information required under paragraph 2 of Article 13.7 (Notices) as is available and a statement that it constitutes a notice of intended procurement or that only the suppliers on the multi-use list will receive further notices of procurement covered by the multiuse list; and
3. (b) the entity promptly provides to suppliers that have expressed an interest in a given procurement to the entity, sufficient information to permit them to assess their interest in the procurement, including all remaining information required in paragraph 2 of Article 13.7 (Notices), to the extent such information is available. 13. A procuring entity covered under Annex 13-B (Sub-Central Entities) or Annex 13-C (Other Entities) may allow a supplier that has applied for inclusion on a multi-use list in accordance with paragraph 10 to tender in a given procurement, where there is sufficient time for the procuring entity to examine whether the supplier satisfies the conditions for participation.

Information on Procuring Entity Decisions

str. 30814. A procuring entity shall promptly inform any supplier that submits a request for participation in a procurement or application for inclusion on a multi-use list of the procuring entity's decision with respect to the request or application. 15. Where a procuring entity rejects a supplier's request for participation in a procurement or application for inclusion on a multi-use list, ceases to recognise a supplier as qualified, or removes a supplier from a multi-use list, the entity shall promptly inform the supplier and, on request of the supplier, promptly provide the supplier with a written explanation of the reasons for its decision.

Article 13.10 Technical Specifications and Tender Documentation

Technical Specifications

str. 3081. A procuring entity shall not prepare, adopt or apply any technical specification or prescribe any conformity assessment procedure with the purpose or the effect of creating unnecessary obstacles to trade between the Parties. 2. In prescribing the technical specifications for the goods or services being procured, a procuring entity shall, where appropriate:
3. (a) set out the technical specification in terms of performance and functional requirements, rather than design or descriptive characteristics; and
4. (b) base the technical specification on international standards, where such exist; otherwise, on national technical regulations, recognised national standards or building codes. 3. Where design or descriptive characteristics are used in the technical specifications, a procuring entity should indicate, where appropriate, that it will consider tenders of equivalent goods or services that demonstrably fulfill the requirements of the procurement by including words such as 'or equivalent' in the tender documentation. 4. A procuring entity shall not prescribe technical specifications that require or refer to a particular trademark or trade name, patent, copyright, design, type, specific origin, producer or supplier, unless there is no other sufficiently precise or intelligible way of describing the procurement requirements and provided that, in such cases, the entity includes words such as 'or equivalent' in the tender documentation. 5. A procuring entity shall not seek or accept, in a manner that would have the effect of precluding competition, advice that may be used in the preparation or adoption of any technical specification for a specific procurement from a person that may have a commercial interest in the procurement. 6. For greater certainty, a Party, including its procuring entities, may, in accordance with this Article, prepare, adopt or apply technical specifications to promote the conservation of natural resources or protect the environment.

Tender Documentation

str. 3107. A procuring entity shall make available to suppliers tender documentation that includes all information necessary to permit suppliers to prepare and submit responsive tenders. Unless already provided in the notice of intended procurement, such documentation shall include a complete description of:
2. (a) the procurement, including the nature and the quantity of the goods or services to be procured or, where the quantity is not known, the estimated quantity and any requirements to be fulfilled, including any technical specifications, conformity assessment certification, plans, drawings or instructional materials;
3. (b) any conditions for participation of suppliers, including a list of information and documents that suppliers are required to submit in connection with the conditions for participation;
4. (c) all evaluation criteria the entity will apply in the awarding of the contract, and, except where price is the sole criterion, the relative importance of such criteria;
5. (d) where the procuring entity will conduct the procurement by electronic means, any authentication and encryption requirements or other requirements related to the submission of information by electronic means;
6. (e) where the procuring entity will hold an electronic auction, the rules, including identification of the elements of the tender related to the evaluation criteria, on which the auction will be conducted;
7. (f) where there will be a public opening of tenders, the date, time and place for the opening and, where appropriate, the persons authorised to be present;
8.

str. 311(g) any other terms or conditions, including terms of payment and any limitation on the means by which tenders may be submitted, such as whether on paper or by electronic means; and 9. (h) any dates for the delivery of goods or the supply of services. 8. In establishing any date for the delivery of goods or the supply of services being procured, a procuring entity shall take into account such factors as the complexity of the procurement, the extent of subcontracting anticipated and the realistic time required for production, de-stocking and transport of goods from the point of supply or for supply of services. 9. The evaluation criteria set out in the notice of intended procurement or tender documentation may include, among others, price and other cost factors, quality, technical merit, environmental characteristics and terms of delivery. 10. A procuring entity shall:
13. (a) promptly make available tender documentation to ensure that interested suppliers have sufficient time to submit responsive tenders;
14. (b) promptly provide, on request, the tender documentation to any interested supplier; and
15. (c) without undue delay, reply to any reasonable request for relevant information by any interested or participating supplier, provided that such information does not give that supplier an advantage over other suppliers.

Modifications

str. 31111. Where, prior to the award of a contract, a procuring entity modifies the criteria or requirements set out in the notice of intended procurement or tender documentation provided to participating suppliers, or amends or reissues a notice or tender documentation, it shall transmit in writing all such modifications or amended or reissued notice or tender documentation:

- (a) to all suppliers that are participating at the time of the modification, amendment or re-issuance, where such suppliers are known to the entity, and in all other cases, in the same manner as the original information was made available; and
- (b) in adequate time to allow such suppliers to modify and re-submit amended tenders, as appropriate.

Article 13.11 Time Periods

General

str. 3121. A procuring entity shall, consistent with its own reasonable needs, provide sufficient time for suppliers to prepare and submit requests for participation and responsive tenders, taking into account such factors as:

- (a) the nature and complexity of the procurement;

- (b) the extent of subcontracting anticipated; and

- (c) the time necessary for transmitting tenders by non-electronic means from foreign as well as domestic points where electronic means are not used. Such time-periods, including any extension of the time-periods, shall be the same for all interested or participating suppliers.

Deadlines

str. 3122. A procuring entity that uses selective tendering shall establish that the final date for the submission of requests for participation shall not, in principle, be less than 25 days from the date of publication of the notice of intended procurement. Where a state of urgency duly substantiated by the procuring entity renders this time-period impracticable, the time-period may be reduced to not less than 10 days. 3. Except as provided for in paragraphs 4, 5, 7 and 8, a procuring entity shall establish that the final date for the submission of tenders shall not be less than 40 days from the date on which:
2. (a) in the case of open tendering, the notice of intended procurement is published; or
3. (b) in the case of selective tendering, the entity notifies suppliers that they will be invited to submit tenders, whether or not it uses a multi-use list. 4. A procuring entity may reduce the time-period for tendering established in accordance with paragraph 3 to not less than 10 days where:
5. (a) the procuring entity has published a notice of planned procurement as described in paragraph 4 of Article 13.7 (Notices) at least 40 days and not more than 12 months in advance of the publication of the notice of intended procurement, and the notice of planned procurement contains:
6. (i) a description of the procurement;
7. (ii) the approximate final dates for the submission of tenders or requests for participation;

(iii) a statement that interested suppliers should express their interest in the procurement to the procuring entity;

- (iv) the address from which documents relating to the procurement may be obtained; and
- (v) as much of the information that is required for the notice of intended procurement under paragraph 2 of Article 13.7 (Notices), as is available;

- (b) the procuring entity, for recurring contracts, indicates in an initial notice of intended procurement that subsequent notices will provide time-periods for tendering based on this paragraph; or
- (c) a state of urgency duly substantiated by the procuring entity renders the timeperiod for tendering established in accordance with paragraph 3 impracticable. 5.

str. 314A procuring entity may reduce the time-period for tendering established in accordance with paragraph 3 by five days for each one of the following circumstances:
- (a) the notice of intended procurement is published by electronic means;
- (b) all the tender documentation is made available by electronic means from the date of the publication of the notice of intended procurement; and
- (c) the entity accepts tenders by electronic means. 6. The use of paragraph 5, in conjunction with paragraph 4, shall in no case result in the reduction of the time-period for tendering established in accordance with paragraph 3 to less than 10 days from the date on which the notice of intended procurement is published. 7. Notwithstanding any other provision in this Article, where a procuring entity purchases commercial goods or services, or any combination thereof, it may reduce the time-period for tendering established in accordance with paragraph 3 to not less than 13 days, provided that it publishes by electronic means, at the same time, both the notice of intended procurement and the tender documentation. In addition, where the entity accepts tenders for commercial goods or services by electronic means, it may reduce the time-period established in accordance with paragraph 3 to not less than 10 days. 8. Where a procuring entity that is covered under Annex 13-B (Sub-Central Entities) or 13-C (Other Entities) has selected all or a limited number of qualified suppliers, as permitted by domestic legislation, the time-period for tendering may be fixed by mutual agreement

between the procuring entity and the selected suppliers. In the absence of agreement, the period shall not be less than 10 days.

Article 13.12 Negotiations

str. 3151. A Party may provide for its procuring entities to conduct negotiations:

- (a) where the entity has indicated its intent to conduct negotiations in the notice of intended procurement required under paragraph 2 of Article 13.7 (Notices); or

- (b) where it appears from the evaluation that no tender is obviously the most advantageous in terms of the specific evaluation criteria set out in the notice of intended procurement or tender documentation. 2. A procuring entity shall:

- (a) ensure that any elimination of suppliers participating in negotiations is carried out in accordance with the evaluation criteria set out in the notice of intended procurement or tender documentation; and

- (b) where negotiations are concluded, provide a common deadline for the remaining participating suppliers to submit any new or revised tenders.

Article 13.13 Limited Tendering

str. 3151. Provided that it does not use this provision for the purpose of avoiding competition among suppliers or in a manner that discriminates against suppliers of the other Party or protects domestic suppliers, a procuring entity may use limited tendering and may choose not to apply Article 13.7 (Notices) to Article 13.9 (Qualification of Suppliers), paragraphs 7 to 11 of Article 13.10 (Technical Specifications and Tender Documentation), Article 13.11 (Time Periods),

str. 316Article 13.12 (Negotiations), Article
2.

str. 31713.14 (Electronic Auctions) and Article 13.15 (Treatment of Tenders and Awarding of Contracts) only under any of the following circumstances:

- (a) where:

- (i) no tenders were submitted or no suppliers requested participation;

- (ii) no tenders that conform to the essential requirements of the tender documentation were submitted;

- (iii) no suppliers satisfied the conditions for participation; or

- (iv) the tenders submitted have been collusive,

provided that the requirements of the tender documentation are not substantially modified;

- (b) where the goods or services can be supplied only by a particular supplier and no reasonable alternative or substitute goods or services exist for any of the following reasons:

- (i) the requirement is for a work of art;

- (ii) the protection of patents, copyrights or other exclusive rights; or

- (iii) due to an absence of competition for technical reasons;

- (c) for additional deliveries by the original supplier of goods or services that were not included in the initial procurement where a change of supplier for such additional goods or services:

(i) cannot be made for economic or technical reasons such as requirements of inter-changeability or interoperability with existing equipment, software, services or installations procured under the initial procurement; and (ii) would cause significant inconvenience or substantial duplication of costs for the procuring entity;

(d) insofar as is strictly necessary where, for reasons of extreme urgency brought about by events unforeseeable by the procuring entity, the goods or services could not be obtained in time using open tendering or selective tendering;

(e) for goods purchased on a commodity market;

(f) where a procuring entity procures a prototype or a first good or service that is developed at its request in the course of, and for, a particular contract for research, experiment, study or original development.

str. 317Original development of a first good or service may include limited production or supply in order to incorporate the results of field testing and to demonstrate that the good or service is suitable for production or supply in quantity to acceptable quality standards, but does not include quantity production or supply to establish commercial viability or to recover research and development costs;

(g) for purchases made under exceptionally advantageous conditions that only arise in the very short term in the case of unusual disposals such as those arising from liquidation, receivership or bankruptcy, but not for routine purchases from regular suppliers; or

(h) where a contract is awarded to a winner of a design contest provided that:

(i) the contest has been organised in a manner that is consistent with the principles of this Chapter, in particular relating to the publication of a notice of intended procurement; and

(ii) the participants are judged by an independent jury with a view to a design contract being awarded to a winner.

str. 3182. A procuring entity shall prepare a report in writing on each contract awarded under paragraph 1. The report shall include the name of the procuring entity, the value and kind of goods or services procured and a statement indicating the circumstances and conditions described in paragraph 1 that justified the use of limited tendering.

Article 13.14 Electronic Auctions

str. 318Where a procuring entity intends to conduct a covered procurement using an electronic auction, the entity shall provide each participant, before commencing the electronic auction, with:

- (a) the automatic evaluation method, including the mathematical formula, that is based on the evaluation criteria set out in the tender documentation and that will be used in the automatic ranking or re-ranking during the auction;
- (b) the results of any initial evaluation of the elements of its tender where the contract is to be awarded on the basis of the most advantageous tender; and
- (c) any other relevant information relating to the conduct of the auction.

Article 13.15 Treatment of Tenders and Awarding of Contracts

Treatment of Tenders

str. 3181. A procuring entity shall receive, open and treat all tenders in accordance with procedures that guarantee the fairness and impartiality of the procurement process, and the confidentiality of tenders. 2. A procuring entity shall not penalise any supplier whose tender is received after the time specified for receiving tenders if the delay is due solely to mishandling on the part of the procuring entity.

str. 3193. Where allowed by a Party, its procuring entity may provide a supplier with an opportunity to correct unintentional errors of form between the opening of tenders and the awarding of the contract on the condition that the procuring entity provide the same opportunity to all participating suppliers.

Awarding of Contracts

str. 3194. To be considered for an award, a tender shall be submitted in writing and shall, at the time of opening, comply with the essential requirements set out in the notices and tender documentation and be from a supplier that satisfies the conditions for participation. 5. Unless a procuring entity determines that it is not in the public interest to award a contract, the entity shall award the contract to the supplier that the entity has determined to be capable of fulfilling the terms of the contract and that, based solely on the evaluation criteria specified in the notices and tender documentation, has submitted:
3. (a) the most advantageous tender in terms of price and non-price criteria; or
4. (b) where price is the sole criterion, the lowest price. 6. Where a procuring entity receives a tender with a price that is abnormally lower than the prices in other tenders submitted or the estimated procurement value, it may verify with the supplier that it satisfies the conditions for participation and is capable of fulfilling the terms of the contract. 7. A procuring entity shall not use options, cancel a procurement or modify awarded contracts in a manner that circumvents the obligations under this Chapter.

Article 13.16 Transparency of Procurement Information

Information Provided to Suppliers

str. 3201. A procuring entity shall promptly inform participating suppliers of the entity's contract award decisions and, on the request of a supplier, shall do so in writing. Subject to paragraphs 2 and 3 of Article 13.17 (Disclosure of Information), a procuring entity shall, on request, provide an unsuccessful supplier with an explanation of the reasons why the entity did not select its tender and the relative [1]

advantages of the successful supplier's tender.

Publication of Award Information

str. 3202. Not later than 72 days after the award of each contract covered by this Chapter, a procuring entity shall publish a notice in the appropriate paper or electronic medium listed in Annex 13-H (Means of Publication). Where the entity publishes the notice only in an electronic medium, the information shall remain readily accessible for a reasonable period of time. The notice shall include at least the following information:
2. (f) the type of procurement method used, and in cases where limited tendering was used in accordance with Article 13.13 (Limited Tendering), a description of the circumstances justifying the use of limited tendering.

str. 321- (a) a description of the goods or services procured;

- (b) the name and address of the procuring entity;

- (c) the name and address of the successful supplier;

- (d) the value of the successful tender or the highest and lowest offers taken into account in the award of the contract;

- (e) the date of award; and

Maintenance of Documentation, Reports and Electronic Traceability

str. 3213. Each procuring entity shall, for a period of at least three years from the date it awards a contract, maintain:
2. (a) the documentation and reports of tendering procedures and contract awards relating to covered procurement, including the reports required under Article
3. 13.13 (Limited Tendering); and
4. (b) data that ensure the appropriate traceability of the conduct of covered procurement by electronic means.

Collection and Reporting of Statistics

str. 3214. Each Party agrees to communicate to the other Party the available and comparable statistics relevant to the procurement covered by this Chapter. Article 13.17

Provision of Information to Parties

str. 3211. On request of a Party, the other Party shall provide promptly any information necessary to determine whether a procurement was conducted fairly, impartially and in accordance with this Chapter, including information on the characteristics and relative advantages of the successful tender. In cases where release of the information would prejudice competition in future tenders, the Party that receives the information shall not disclose it to any supplier, except after consulting with, and obtaining the agreement of, the Party that provided the information.

Non-Disclosure of Information

str. 3222. Notwithstanding any other provision of this Chapter, a Party, including its procuring entities, shall not provide to any particular supplier information that might prejudice fair competition between suppliers. 3. Nothing in this Chapter shall be construed to require a Party, including its procuring entities, authorities and review bodies, to disclose confidential information where disclosure:
3. (a) would impede law enforcement;
4. (b) might prejudice fair competition between suppliers;
5. (c) would prejudice the legitimate commercial interests of particular persons, including the protection of intellectual property; or
6. (d) would otherwise be contrary to the public interest.

Article 13.18 Domestic Review Procedures

str. 3221. In the event of a complaint by a supplier of a Party that there has been a breach of this Chapter in the context of procurement by the other Party, that Party may encourage the supplier to first seek resolution of its complaint in consultation with the procuring entity of the other Party. 2. Each Party shall provide suppliers of the other Party with non-discriminatory, timely, transparent and effective procedures to challenge alleged breaches of this Chapter arising in the context of procurements in which they have, or have had, an interest. 3. Each Party shall provide its challenge procedures in writing and make them generally available. 4. Challenges shall be heard by a court or by an impartial and independent review body with no interest in the outcome of the procurement and the members of which are secure from external influence during the term of appointment. 5.

str. 323Each supplier shall be allowed a sufficient period of time to prepare and submit a challenge, which in no case shall be less than 10 days from the time when the basis of the challenge became known or reasonably should have become known to the supplier. 6. Each Party shall adopt or maintain procedures that provide for rapid interim measures to preserve the supplier's opportunity to participate in the procurement. Such interim measures may result in suspension of the procurement process. The procedures may provide that overriding adverse consequences for the interests concerned, including the public interest, may be taken into account when deciding whether such measures should be applied. Just cause for not acting shall be provided in writing. 7. A Party's total liability for any breach of this Chapter or compensation for loss or damages suffered shall be limited to the costs for tender preparation reasonably incurred by the supplier for the purpose of the procurement.

Article 13.19 Modifications and Rectifications to Coverage

Notification of Proposed Modification

str. 3231. A Party shall notify the other Party of any proposed rectification, transfer of an entity from one Annex to another, withdrawal of an entity or other modification of its Annexes (any of which is hereinafter referred to as 'modification') in writing. 2. For any proposed withdrawal of an entity from any Party's Annexes on the grounds that government control or influence over the entity's covered procurement has been effectively eliminated, the Party proposing the modification (hereinafter referred to as 'modifying Party') shall include in the notification evidence that such government control or influence has been effectively eliminated. Government control or influence over the covered procurement of entities listed in its Annexes is deemed to be effectively eliminated if the

procuring entity has been privatised or where the majority of shares of the entity is not held by government or other public bodies.

str. 3243. Where government control or influence over the covered procurement of an entity of a Party has been effectively eliminated, the other Party shall not be entitled to compensatory adjustments. 4. For any other proposed modification, the modifying Party shall include in the notification information as to the likely consequences of the change for the coverage provided in this Chapter. Where the modifying Party proposes to make minor amendments or technical rectifications of a purely formal nature not affecting covered procurement, it shall notify these modifications at least every two years.

Resolution of Objection

str. 3245. In case of objection by the other Party (hereinafter referred to as 'objecting Party') to the notification by the modifying Party, the Parties shall seek to resolve the objection through bilateral consultations. In such consultations, the Parties shall consider:
2. (a) evidence pertaining to the effective elimination of government control or influence over an entity's covered procurement in the case of a notification under paragraph 2;
3. (b) evidence that the proposed modification does not affect coverage in the case of a notification under paragraph 4; and
4. (c) any claims relating to the need for or level of compensatory adjustments, arising from modifications notified according to paragraph 1. The adjustments may consist of either compensatory expansion of coverage by the modifying Party or a withdrawal of equivalent coverage by the objecting Party, with a view to maintaining a balance of rights and obligations and a comparable level of mutually agreed coverage provided in this Chapter. 6. Where the objecting Party, after bilateral consultations under paragraph 5, considers that one or more of the following situations exist:

- (a) in the case of subparagraph 5(a), government control or influence over an entity's covered procurement has not been effectively eliminated;
- (b) in the case of subparagraph 5(b), a modification does not meet the criteria in paragraph 4 and which affects coverage, and should be subject to compensatory adjustments; or
- (c) in the case of subparagraph 5(c), compensatory adjustments proposed during the consultation between the Parties are not adequate to maintain a comparable level of mutually agreed coverage,

the Parties may have recourse to the dispute settlement mechanism under Chapter 17 (Dispute Settlement).

Implementation

str. 3257. A proposed modification shall become effective only where:
2. (a) the other Party has not submitted to the modifying Party a written objection to the proposed modification within 45 days from the date of the notification of the proposed modifications;
3. (b) the objecting Party has notified the modifying Party of the withdrawal of its objection;
4. (c) the Parties have reached an agreement after due consultations under paragraph

5; or

- (d) the objection has been resolved through the dispute settlement mechanism under paragraph 6.

str. 326Goods (specified in Annex 13-D)

Threshold:

SDR 130,000

Services (specified in Annex 13-E)

Threshold:

SDR 130,000

Construction (specified in Annex 13-F)

Threshold:

SDR 5,000,000

Subsidiaries and affiliates of the following contracting entities are excluded unless included in this Annex.

str. 326Turkish Grand National Assembly 11

Presidency of the Republic of Turkey

Prime Ministry

Constitutional Court 4

Supreme Court

Presidency of the Council of State

High Council of Judges and Public Prosecutors

Turkish Court of Accounts

Ministry of Justice

Ministry of Foreign Affairs 8

Ministry of Finance 5

Ministry of National Education 3 7

Ministry of Health

Ministry of Transport, Maritime Affairs and Communications 3

Ministry of Labour and Social Security

Ministry of Energy and Natural Resources

Ministry of Culture and Tourism

Ministry of Family and Social Policies

Ministry for European Union Affairs 10

Ministry of Science, Industry and Technology

Ministry of Environment and Urbanization

Ministry of Economy

Ministry of Youth and Sports 2

Ministry of Food, Agriculture and Livestock

Ministry of Customs and Trade 6

Ministry of Development 9

Ministry of Forestry and Water Works

Presidency of Religious Affairs

Undersecretariat of Treasury

State Personnel Department

Turkish Statistical Institute

Revenue Administration

Directorate General of Land Registry and Cadastre Directorate General of Meteorological Service Directorate General of Press and Information Turkish Public Health Association Turkish Public Hospitals Authority

Notes to Annex 13-A:

str. 3271. This Agreement shall not apply to any procurement made by a covered entity on behalf of a non-covered entity. 2. This Agreement does not cover procurement of goods and services * by Ministry of Youth and Sport relating to international youth events. 3. This Agreement does not cover procurement of goods, services and construction services to be performed until the end of 2015 by the Ministry of National Education and Ministry of Transportation, Maritime Affairs and Communication within the scope of Increasing Educational Opportunities and Improving Technology Action Project (FAT İ H). 4. This Agreement does not cover procurement of goods and services * related to establishment anniversary events made by the Constitutional Court. 5. This Agreement does not cover procurement of services * from valuation companies within the scope of sales, renting of or granting limited property right on immovables of the State made by Ministry of Finance. 6. This Agreement does not cover procurement of goods and services * made by the Ministry of Customs and Trade in order to preserve, store, load, unload, transport, dispose and conduct similar activities related to any kind of goods, pack animals and vehicles, excluding smuggled fuel, which are seized and detained. 7. This Agreement does not apply to transactions relating to services, research, project, undertaking, finance and construction process related to construction services between the Ministry of National Education and another public authority or institution such as the Housing Development Administration of Turkey. 8. This Agreement does not cover procurements by Ministry of Foreign Affairs to be done for (i) urgent needs of new foreign diplomatic missions at the stage of their establishment; (ii) unforeseeable international meetings for which there is no sufficient time for preparation; (iii) promotional activities carried out abroad; and (iv) procurement related to Cyprus. 9. This Agreement does not cover procurement by Ministry of Development for multilateral international meetings within the framework of Standing Committee for Economic and Commercial Cooperation of the Organization of Islamic Cooperation. 10. This Agreement does not cover procurement by Ministry for European Union Affairs for unforeseeable activities for which there is no sufficient time for preparation within the framework of 'European Union Communication Strategy'.

str. 328Exemptions which are not adopted by the Turkish Grand National Assembly yet but will possibly be adopted in near future:

11. This Agreement does not cover procurement of services * which requires expertise in order to designate 'Coat of Arms' of the Republic of Turkey made by Turkish Grand National Assembly.

* Other than construction services

str. 329This Agreement will generally apply to purchases by the Singapore Ministry of Defence of the following FSC categories (others being excluded) subject to the Government of Singapore's determinations under the provision of paragraph 1 of Article 13.3 (Security and General Exceptions).

Notes to Annex 13-A:

str. 3301. The Agreement shall not apply to any procurement in respect of:

(a) construction contracts for chanceries abroad and headquarters buildings made by the Ministry of Foreign Affairs; and

(b) contracts made by the Internal Security Department, Criminal Investigation Department, Security Branch and Central Narcotics Bureau of the Ministry of Home Affairs as well as procurement that have security considerations made by the Ministry. 2. The Agreement shall not apply to any procurement made by a covered entity on behalf of a non-covered entity.

str. 331Goods (specified in Annex 13-D)

Threshold:

SDR 200,000

Services (specified in Annex 13-E)

Threshold:

SDR 200,000

Construction (specified in Annex 13-F)

Threshold:

SDR 5,000,000

Subsidiaries and affiliates of the following contracting entities are excluded unless included in this Annex

str. 331Adana Metropolitan Municipality Ankara Metropolitan Municipality 2 Antalya Metropolitan Municipality Aydın Metropolitan Municipality Balıkesir Metropolitan Municipality Bursa Metropolitan Municipality Denizli Metropolitan Municipality Diyarbakır Metropolitan Municipality Erzurum Metropolitan Municipality Eski ş ehir Metropolitan Municipality Gaziantep Metropolitan Municipality Hatay Metropolitan Municipality İ stanbul Metropolitan Municipality İ zmir Metropolitan Municipality Kahramanmara ş Metropolitan Municipality Kayseri Metropolitan Municipality Kocaeli Metropolitan Municipality Konya Metropolitan Municipality Malatya Metropolitan Municipality Manisa Metropolitan Municipality Mardin Metropolitan Municipality Mersin Metropolitan Municipality Mu ğ la Metropolitan Municipality Ordu Metropolitan Municipality Sakarya Metropolitan Municipality Samsun Metropolitan Municipality Ş anlıurfa Metropolitan Municipality Tekirda ğ Metropolitan Municipality Trabzon Metropolitan Municipality Van Metropolitan

Notes to Annex 13-B:

str. 3321. This Agreement shall not apply to any procurement made by a covered entity on behalf of a non-covered entity. 2. This Agreement does not cover procurement of consultancy and inspection services within the scope of 'North Ankara Entrance Urban Transformation Project' made by Ankara Metropolitan Municipality. PART II - SINGAPORE'S COMMITMENTS

Non-applicable for Singapore (Singapore does not have any Sub-central Governments).

str. 333Goods (specified in Annex 13-D)

Threshold:

SDR 400,000

Services

(specified in Annex 13-E)

Threshold:

SDR 400,000

Construction

(specified in Annex 13-F)

Threshold: SDR 5,000,000

Subsidiaries and affiliates of the following contracting entities are excluded unless included in this Annex

str. 333Council of Higher Education Presidency of Measurement, Selection and Placement Center 3 İ stanbul University İ stanbul Technical University Ankara University Karadeniz Technical University Ege University Atatürk University Middle East Technical University Hacettepe University Bo ğ aziçi University Dicle University Çukurova University Anadolu University Cumhuriyet University İ nönü University Fırat University Ondokuz Mayıs University Selçuk University Uluda ğ University

Erciyes University

Akdeniz University Dokuz Eylül University Gazi University Marmara University Mimar Sinan Fine Arts University Trakya University Yıldız Technical University Yüzüncü Yıl University Gaziantep University Abant İ zzet Baysal University Adnan Menderes University Afyon Kocatepe University Balıkesir University Celal Bayar University Çanakkale Onsekiz Mart University Dumlupınar University Gaziosmanpa ş a University Gebze Technical University Harran University İ zmir Institute of Technology Kafkas University Kahramanmara ş Sütçü İ mam University Kırıkkale University Kocaeli University Mersin University Mu ğ la Sıtkı Koçman University Mustafa Kemal University Ni ğ de University Pamukkale University Sakarya University Süleyman Demirel University Bülent Ecevit University Eski ş ehir Osmangazi University Galatasaray University Ahi Evran University Kastamonu University Düzce University Mehmet Akif Ersoy University U ş ak University Recep Tayyip Erdo ğ an University Namık Kemal University Erzincan University Aksaray University Giresun University Hitit University Bozok University

str. 333Adıyaman University Ordu University Amasya University Karamano ğ lu Mehmetbey University A ğ rı Da ğ ı University Sinop University Siirt University Nev ş ehir Hacı Bekta ş Veli University Karabük University Kilis 7 Aralık University Çankırı Karatekin University Artvin Çoruh University Bilecik Ş eyh Edebali University Bitlis Eren University Kırklareli University Osmaniye Korkut Ata University Bingöl University Mu ş Alparslan University Mardin Artuklu University Batman University Ardahan University Bartın University Bayburt University Gümü ş hane University Hakkari University I ğ dır University Ş ırnak University Tunceli University Yalova University Turkish-German University Yıldırım Beyazıt University Bursa Technical University İ stanbul Civilization University İ zmir Kâtip Çelebi University Necmettin Erbakan University Abdullah Gül University Erzurum Technical University Adana University of Science and Technology Social Sciences University of Ankara Atatürk Supreme Council for Culture, Language and History Atatürk Research Centre Atatürk Cultural Centre Turkish Language Institute Turkish Historical Society 8 Public Administration Institute for Turkey and the Middle-East The Scientific and Technical Research Council of Turkey Turkish Academy of Sciences

Turkish Justice Academy

str. 335Directorate General of Credit and Dormitories Agency

Directorate General of Highways Directorate

General of Youth and Sports 2

Directorate General of State Theatres

Directorate General of State Opera and Ballet

Directorate General of Forestry

Directorate General of Foundations 6

Directorate General of Health for Borders and Coastal Areas of Turkey

Directorate General of Mineral Research and Exploration

Directorate General of Civil Aviation

Turkish Accreditation Agency

Turkish Standards Institution

Turkish Patent Institute

National Boron Research Institute

Turkish Atomic Energy Authority

Presidency of Development and Support of Small and Medium Size Enterprises Administration

The Ombudsman Institution

Vocational Proficiency Institution

Presidency of Manuscript Works Agency

Directorate General of State Hydraulic Works

Turkish Water Institute

Turkish Drug and Medical Device Institution

Turkish Health Institutions Presidency

Radio and Television Supreme Council

Capital Markets Board

Banking Regulation and Supervision Agency 7

Energy Market Regulation Board

Public Procurement Authority

Turkish Competition Authority

Tobacco, Tobacco Products and Alcoholic Beverages Market Regulation Authority

Public Oversight, Accounting and Auditing Standards Authority

Social Security Institution 5

Directorate General of Turkish Labour Authority

Notes to Annex 13-C:

str. 3351. This Agreement shall not apply to any procurement made by a covered entity on behalf of a non-covered entity. 2. This Agreement does not cover procurement of goods and services * by Directorate General of Youth and Sports relating to national and international sports events.

str. 3363. This Agreement does not cover procurement of goods and services * relating to the examination, measurement, evaluation and placement services * by the Presidency of Measurement, Selection and Placement Center. 4. This Agreement does not cover procurement made by 'Research Organizations' established under the higher education institutions. 5. This Agreement does not cover procurement made by Social Security Institution for data preparation and control transaction services related to determining the housing acquisition support amounts and right holders and procurement of works related to service buildings from public institutions, entities and affiliates. 6. This agreement does not cover procurement made by Directorate General of Foundations for consultancy and legal opinion services. 7. This Agreement does not cover procurement of services * made by Banking Regulation and Supervision Agency for temporary tasks requiring expertise. Exemption which is not adopted by the Turkish Grand National Assembly yet but will possibly be adopted in near future:

8. This Agreement does not cover procurement made by Turkish Historical Society for the studies on recent era history.

str. 337 * Other than construction services

str. 337Goods

(specified in Annex 13-D)

Threshold:

SDR 400,000

Services

(specified in Annex 13-E)

Threshold:

SDR 400,000

Construction

(specified in Annex 13-F)

Threshold:

SDR 5,000,000

List of Entities:

str. 337Accounting and Corporate Regulating Authority Agency for Science, Technology and Research Agri-Food & Veterinary Authority Board of Architects Building and Construction Authority Casino Regulatory Authority Central Provident Fund Board Civil Aviation Authority of Singapore Civil Service College Competition Commission of Singapore Council for Estate Agents

Council for Private Education Economic Development Board Energy Market Authority Health Promotion Board Health Sciences Authority Hotels Licensing Board Housing and Development Board Info-communications Development Authority of Singapore Inland Revenue Authority of Singapore Institute of Southeast Asian Studies Institute of Technical Education International Enterprise Singapore Intellectual Property Office of Singapore Land Transport Authority of Singapore Jurong Town Corporation Maritime and Port Authority of Singapore Media Development Authority Monetary Authority of Singapore Nanyang Technological University Nanyang Polytechnic National Arts Council National Environment Agency National Heritage Board National Library Board National Parks Board National University of Singapore Ngee Ann Polytechnic Preservation of Monuments Board Professional Engineers Board Public Transport Council Republic Polytechnic Science Centre Board Sentosa Development Corporation Singapore Corporation of Rehabilitative Enterprises Singapore Examinations and Assessment Board 2 Singapore Land Authority Singapore Nursing Board Singapore Polytechnic Singapore Tourism Board Singapore Workforce Development Agency Sport Singapore Standards, Productivity and Innovation Board Temasek Polytechnic Traditional Chinese Medicine Practitioners Board Urban Redevelopment Authority

Notes to Annex 13-C:

str. 3381. This Agreement shall not apply to any procurement made by a covered entity on behalf of a non-covered entity. 2. This Agreement shall not apply to any procurement in respect of contracts made by the Singapore Examinations and Assessment Board relating to national examinations.

str. 338This Agreement covers the procurement of all goods procured by the entities listed in Annexes 13-A to 13-C, unless otherwise specified in this Agreement.

str. 338This Chapter will apply to the procurement of all goods procured by the entities listed in Annexes 13-A to 13-C, unless otherwise specified in the Agreement.

ANNEX 13-E SERVICES

Notes to Annex 13-E:

str. 3391. This Agreement does not cover services which entities have to procure from another entity pursuant to an exclusive right established by a published law, regulation or administrative provision. 2. Turkey's commitments regarding services shall be subject to any conditions, reservations or qualifications inscribed in the Schedule of Turkey pursuant to Chapter 7 (Cross-Border Trade in Services) and Chapter 12 (Investment) of this Agreement.

str. 340The following services as contained in document MTN.GNS/W/120 are offered (others being excluded):

CPC Description 61 Sale, Maintenance and Repair Services of Motor Vehicles and Motorcycles 633 Repair Services of Personal and Household Goods 641-643 Hotels and Restaurants (incl.

str. 341catering) 712 Other Land Transport Services 74710 Travel Agencies and Tour Operators 7472 Tourist Guide Services 7512 Courier Services 7523 Electronic Mail 7523 Voice Mail 7523 On-Line Information and Database Retrieval 7523 Electronic Data Interchange 81 Financial Services 3 4 82 Real Estate Services 5 84 Computer and Related Services 862 Accounting, Auditing and Book-keeping Services 8671 Architectural Services 864 Market Research and Public Opinion Polling Services 865 Management Consulting Services 866 Services Related to Management Consulting 8672 Engineering Services 8673 Integrated Engineering Services 86742 Landscape Architectural Services 8675 Engineering Related Scientific and Technical Consulting Services 8676 Technical Testing and Analysis Services 871 Advertising Services 87201 Executive Search Services 87202 Placement Services of Office Support Personnel and Other Workers 87203 Supply Services of Office Support Personnel 874 Building-Cleaning Services 87905 Translation and Interpretation Services 88442 Publishing and Printing Services on a Fee or Contract Basis 6 924 Adult Education Services 932 Veterinary Services 94 Sewage and Refuse Disposal, Sanitation and other Environmental Protection Services 96112 Motion Picture or Video Tape Production Services 96113 Motion Picture or Video Tape Distribution Services 96121 Motion Picture Projection Services 96122 Video Tape Projection Services 9619 Other Entertainment Services 96311 Library Services 964 Sporting and other Recreational Services 7 - Biotechnology Services - Exhibition Services 8

- Commercial Market Research

str. 341- Interior Design Services, Excluding Architecture

- Professional, Advisory and Consulting Services Relating to Agriculture,

Forestry, Fishing and Mining, Including Oilfield Services

- Telecommunications Services 9 Basic Telecommunication Services 10 , including resale (facilities-based and services-based):

- (a) Public Switched Services 11 (local and international)
- (b) Leased Circuit Services (local and international) Mobile

Services 12 , including resale (facilities-based and servicesbased):

(a) Public Mobile Data Service (PMDS) (b) Public Trunked Radio Service (PTRS) (c) Public Radio Paging Service (PRPS)

str. 341(d) Public Cellular Mobile Telephone Service (PCMTS)

Notes to Annex 13-E:

str. 3411. The offer regarding services is subject to the limitations and conditions specified in Annex 7-A and the Appendices thereto (Singapore's Schedule of Non-Conforming Measures). 2. This Agreement shall not apply to any procurement made by a covered entity on behalf of a non-covered entity. 3. Except asset management and other financial services procured by the Ministry of Finance and the Monetary Authority of Singapore for the purpose of managing official foreign reserves and other foreign assets of the Government of Singapore. 4. Except asset management and other financial services procured by the Central Provident Fund Board. 5. Includes only real estate consultancy services, auction and valuation services. 6. Except for the printing of Government legislation and gazette as well as question papers and other documents, specimens, materials or items relating to national examinations. 7.

str. 342Except gambling and betting services. 8. Excluding Exhibition Services for museums and other facilities related to the functions of the National Heritage Board. 9. Telecommunication services exclude broadcasting services, which are services consisting of the uninterrupted chains of transmission by wired or wireless means required for the reception and/or display of aural and/or visual programme signals by all or part of the public. 10. Basic Telecommunication Services may be provided using satellite technology. 11. Includes voice, data and facsimile services. 12. Mobile Services may be provided using satellite technology.

ANNEX 13-F CONSTRUCTION SERVICES

communication and power lines

str. 343(cables)

5135 51350 For local pipelines and cables; 4520 ancillary works

5136 51360 For constructions for mining and 4520

manufacturing

str. 3435137 For constructions for sport and recreation

51371 For stadia and sports grounds 4520

51372 For other sport and recreation 4520 installations (e.g. swimming pools, tennis courts, golf courses)

5139 51390 For engineering works n.e.c.

str. 3444520

514 5140 51400 Assembly and erection of prefabricated 4520

constructions

str. 344515 Special trade construction work

5151 51510 Foundation work, including pile driving 4520

5152 51520 Water well drilling 4520

5153 51530 Roofing and water proofing 4520

5154 51540 Concrete work 4520 5155 51550 Steel bending and erection (including 4520 welding)

5156 51560 Masonry work 4520

5159 51590 Other special trade construction work 4520

516 Installation work 5161 51610 Heating, ventilation and air 4530 conditioning work

5162 51620 Water plumbing and drain laying work 4530

5163 51630 Gas fitting construction work 4530

5164 Electrical work

51641 Electrical wiring and fitting work 4530

51642 Fire alarm construction work 4530

51643

Burglar alarm system construction work 4530

51644 Residential antenna construction work 4530

51649 Other electrical construction work 4530

5165 51650 Insulation work (electrical wiring, 4530 water, heat, sound)

5166 51660 Fencing and railing construction work 4530

5169 Other installation work

51691 Lift and escalator construction work 4530

51699 Other installation work n.e.c.

str. 3454530

517 Building completion and finishing work

5171 51710 Glazing work and window glass 4540 installation work

5172 51720 Plastering work 4540

5173 51730 Painting work 4540 5174 51740 Floor and wall tiling work 4540

5175 51750 Other floor laying, wall covering and 4540 wall papering work 5176 51760 Wood and metal joinery and carpentry 4540 work

5177 51770 Interior fitting decoration work 4540

5178 51780 Ornamentation fitting work 4540

5179 51790 Other building completion and finishing 4540 work

518 5180 51800 Renting services related to equipment 4550 for construction or demolition of buildings or civil engineering works, with operator

str. 345The following construction services in the sense of Division 51 of the Central Product Classification as contained in document MTN.GNS/W/120 are offered (others being excluded):

List of construction services offered:

CPC Description

512 General construction work for buildings 513 General construction work for civil engineering 514, 516 Installation and assembly work 517 Building completion and finishing work 511, 515, 518 Others

Notes to Annex 13-F:

str. 3451. The offer regarding construction services is subject to the limitations and conditions specified in Annex 7-A and the Appendices thereto (Singapore's Schedule of NonConforming Measures). 2. This Agreement shall not apply to any procurement made by a covered entity on behalf of a non-covered entity.

str. 3461. This Agreement does not cover:
2. (a) procurement of agricultural products made in furtherance of agricultural support programmes and human feeding programmes (e.g. food aid including urgent relief aid),
3. (b) procurement for the acquisition, development, production or co-production of programme material by broadcasters and contracts for broadcasting time,
4. (c) procurement of agriculture or livestock products, by procuring entities, directly from the producers or their partners, in order to process, utilize, improve or sell pursuant to the establishment purpose or regulations of such authorities and procurement of services* to be made from development cooperatives of forest villages and from villagers pursuant to Forest Law No. 6831,
5. (d) procurement of goods, services or construction services made by the branches of procuring entities in foreign countries; procurement of goods or services necessary for transport vehicles, which are required to be obtained from the existing place during their presence in foreign countries,
6. (e) procurement of goods and services * made by procuring entities; on the condition that these goods and services * are produced by themselves,
7. (i) from punishment execution institutions and the jail workhouse institutions affiliated to the Ministry of Justice;
8. (ii) from rest homes and orphanages affiliated to the Social Services and Child Care Institution;
9. (iii) from schools and centres involving production affiliated to the Ministry of Education,
10. (iv) from institutes and breeding stations affiliated to the Ministry of Agriculture and Village Affairs; and
11. (v) from the Printing House of the Prime Ministry
12.

str. 347(f) procurement of goods and services which are described in the Main Status of the General Directorate of State Supply Office,

- (g) procurement of freight, passenger and port services from the Republic of Turkey General Directorate of State Railways,

(h) procurement of fuel and transportation from the General Directorate of Liquidation Works Revolving Fund Administrations

(i) procurement of goods, services * , and consultancy services from the Scientific and Technological Research Council of Turkey within the scope of research and development activities,

(j) procurement of meat and meat products from the General Directorate of Meat and Milk Agency,

(k) procurement of monoblock wheels and wheel sets used in vehicles that tow or are towed on rail from the General Directorate of the Machinery and Chemical Industry Agency,

(l) procurement of goods and services * necessary for research and development projects executed and supported by national research and development institutions and procurement of any kind of research and development services excluding those where procuring entities meet the whole financing and exploit the outputs only in executing their own activities

(m) procurement of services by procuring entities with a view to provide diagnosis and cure for the persons entitled pursuant to their special legislation and procurement of drugs and medical supplies with prescription during outpatient treatment by persons whose treatments are undertaken by their authorities, procurement of goods and services intended for diagnosis and treatment between procuring entities providing health services from each other. (n) procurement for building survey, restoration, restitution and conservation projects of movable and immovable cultural heritage falling within the scope of the Protection of Cultural and Natural Heritage Law No.

str. 3482863, road rehabilitation and landscaping projects and their implementations; and also procurement of goods and services related to assessment, protection, transportation and excavation works of those projects,

(o) procurement for drafting emergency response plans; procurement of services * and goods which are urgently needed, after an incident, in order to decontaminate the sea environment and to execute those plans within the scope of Law on Interference in Emergency of Sea Pollution by Reason of Petroleum and Detrimental and on Compensation of Damages,

- (p) procurement of goods and services * with regard to repair and restoration and landscaping of cultural assets of foundations,

(q) procurement of goods and services * through agreements and contracts allowing guarantees in advance in order to ensure provision of urgent needs that are likely to come up in cases such as defence, security and humanitarian aid issues which may arise from either international obligations or for national purposes, in a fast and effective manner, (r) procurement of goods and services * involving industrial participation/off-set implementation for the purposes of enabling innovation, indigenisation and technology transfer,

(s) procurement of goods, services and construction services to be made in 2014 and 2015 within the scope of Group of 20 (G-20) Presidency the Republic of Turkey. (t) procurement of goods, services and construction services to be made by procuring entities for their activities in technology development zones [2]

(u) procurement related to 'Issuance of Lease Certificates', maintenance, repair, operation, construction and similar construction services and transactions of public assets subject to 'Issuance of Lease Certificates' and transaction within the scope of State Domestic Debt, State Foreign Debt and cash management. (v) procurement goods, services and construction services in renovation areas within the scope of Law No. 5366 on renovation and restoration of historical and cultural buildings or places. (w) procurement financed by private accounts defined in the Law No. 5902 on the Organization and Duties of Disaster and Emergency Management Presidency. (x) procurement of consultancy services, software, research, map in all scales, etude, project, cadastre, expropriation, micro-zoning, risk management and prudence plan, plan making in all scales and development plan implementation construction services and transformation implementations within framework of protocols between procuring entities through joint service provision within the scope of the Law No. 6306 on the Transformation of Areas Under Disaster Risk. (y) procurement of goods and services * procurements performed by Ministry of Customs and Trade, Ministry of Finance, Energy Market Regulatory Authority within the scope of the Article 17 of the Law No. 5607 or regarding the fight against fuel smuggling. (z) procurement of construction services from Housing Development

Administration of Turkey made by procuring entities. (aa) procurement of services * from Türksat Corporation made by procuring entities. 2. In the event that Turkey extends more favourable treatment to any third party or parties with regards to the Notes and Derogations in Turkey's Annexes, in any international agreement, or ceases to provide for these Notes and Derogations within its domestic regime after the entry into force of this Agreement, Turkey shall extend the same treatment to Singapore.

str. 349

* Other than construction services

PART II - SINGAPORE'S COMMITMENTS

None.

str. 3491. For paragraph 2(a) of Article 13.6 (Information on the Procurement System):

The Republic of Turkey Official Gazette http://www.resmigazete.gov.tr

2. For paragraph 2(b) of Article 13.6 (Information on the Procurement System):

Electronic Public Procurement Platform https://ekap.kik.gov.tr

str. 3491. For paragraph 2(a) of Article 13.6 (Information on the Procurement System):

The Republic of Singapore Government Gazette

2.

str. 350For paragraph 2(b) of Article 13.6 (Information on the Procurement System):

The Government Electronic Business portal (GeBIZ)

http://www.gebiz.gov.sg/

ANNEX 13-I PUBLIC PRIVATE PARTNERSHIPS 1. The Parties share an understanding that a public-private-partnership (hereinafter referred to as 'PPP') refers to a contractual arrangement between a procuring entity and a supplier to deliver a set of services, in which the supplier is granted a major role, in particular in that the risks generally borne by the public sector (such as operative or financial risk) are partially or fully transferred to the supplier.

Possible Types of PPP Arrangements

str. 3502. For the purpose of Chapter 13 (Government Procurement) and this Annex, PPP in particular include but are not limited to the following types of arrangements:
2. (a) Build-operate-transfer: any contractual arrangement the purpose of which is to provide for the construction or rehabilitation of physical infrastructures, buildings, facilities or other government-owned works and under which, as consideration for a supplier's execution of a contractual arrangement, a procuring entity grants to the supplier, for a specified period of time, temporary ownership or a right to control and operate, and demand payment for, the use of such works for the duration of the contract;
3. (b) Build-rent-own-transfer/ build-lease-operate contracts: where a private operator may rent or lease the asset after the transfer to the procuring entity;
4. (c) Design-Finance-Build-Operate contracts: where a private operator designs, builds, develops, operates and manages an asset, without a requirement to transfer the asset at the end of contract; or
5. (d) Lease-Develop-Operate contracts: where a private operator leases an existing asset, possibly expands or restores it, and operates it. Treatment of PPP under the Turkey's and Singapore's Respective Legal Frameworks

3. For the purposes of Chapter 13 (Government Procurement) and this Annex:
2. (a) for Turkey, PPP contracts and concessions [3] are governed by the provisions of Turkey's relevant legislation; and
3. (b) for Singapore, PPP are governed by the provisions of the Government Procurement Act and its subsidiary legislation, provided they meet the criteria set out therein. Coverage of PPP and Rules Applicable to PPP

4.

str. 351Save as provided in this Annex, PPP are covered under Chapter 13 (Government 2. Procurement) subject to Article 13.2 (Scope and Coverage). 5. For Turkey,
4. (a) Paragraphs 3 and 4(a) of Article 13.4 and Articles 13.6 through 13.18 of Chapter 13 (Government Procurement) shall not apply to PPP. 5. (b) Chapter 13 (Government Procurement) shall not apply to PPP concerning:
6. (i) border security, customs services and customs facilities; and
7. (ii) cultural and touristic investments and services in Sivriada and Yassıada. 6. Notwithstanding paragraph 5 above, In the event that Turkey extends more favourable treatment regarding PPP to any third party or parties, Turkey shall extend the same treatment to Singapore. 7. The applicable commitments under Chapter 13 (Government Procurement) only apply to the PPP contract concluded between a covered procuring entity and a supplier to which the PPP contract is awarded. Chapter 13 (Government Procurement) does not govern:
10. (a) the internal arrangement of the supplier where the supplier is a group of persons providing or seeking to provide services; or
11. (b) the acquisition of goods, construction services or other services or any combination of the aforesaid by the supplier to which the PPP contract is awarded. Chapter 14 - Competition and Related Matters

CHAPTER 14 COMPETITION AND RELATED MATTERS

Article 14.1 Principles

str. 3511. The Parties recognise the importance of free and undistorted competition in their trade relations.

str. 352They acknowledge that anti-competitive business conduct or anticompetitive transactions have the potential to distort the proper functioning of their markets and undermine the benefits of trade liberalisation. 2. To promote free and undistorted competition in all sectors of their economy, each Party shall maintain in their respective territories comprehensive legislation which effectively address:
2. (a) horizontal agreements between undertakings, decisions by associations of undertakings and concerted practices which have as their object or effect the prevention, restriction or distortion of competition in their own territory as a whole or in a substantial part thereof;
3. (b) abuses by one or more undertakings of a dominant position in their own territory as a whole or in a substantial part thereof; and
4. (c) concentrations between undertakings which result in a substantial lessening of competition or which significantly impede effective competition, in particular as a result of the creation or strengthening of a dominant position in their own territory as a whole or in a substantial part thereof;

which affect trade between them.

Article 14.2 Implementation

str. 3521. Each Party shall maintain its autonomy in developing and enforcing its law. The Parties undertake, however, to maintain authorities responsible and appropriately equipped for the effective enforcement of the legislation referred to in paragraph 2 of Article 14.1 (Principles). 2. The Parties will apply their respective legislation referred to in paragraph 2 of Article 14.1 (Principles) in a transparent and non-discriminatory manner, respecting the principles of procedural fairness and rights of defence of the parties concerned, including the right of the parties concerned to be heard prior to deciding on a case.

Article 14.3 Cooperation and Coordination in Law Enforcement

str. 353The Parties recognise the importance of cooperation and coordination to further enhance effective law enforcement. Their respective authorities shall endeavour to coordinate and cooperate in the enforcement of their respective laws to fulfil the objective of this Agreement of free and undistorted competition in their trade relations.

Article 14.4 Confidentiality

str. 3531. Each Party shall endeavour to provide information, in accordance with its laws and regulations, to facilitate effective enforcement of their respective competition laws. 2. When a Party communicates information in confidence under this Agreement, the receiving Party shall, in accordance with its laws and regulations, maintain the confidentiality of the communicated information.

Article 14.5 Consultation

str. 3531. To foster mutual understanding between the Parties, or to address specific matters that arise under this Chapter, each Party shall, upon the request of the other Party, enter into consultations on issues raised by the other Party. The Party requesting consultations shall indicate, if relevant, how the matter affects trade between the Parties. 2. The Parties shall promptly discuss, upon the request of either Party, any questions arising from the interpretation or application of this Chapter. 3. To facilitate discussion of the matter that is the subject of the consultations, each Party shall endeavour to provide relevant non-confidential information to the other Party.

Article 14.6 Dispute Settlement

str. 353Neither Party shall have recourse to Chapter 17

str. 354(Dispute Settlement) for any matter arising from or relating to this Chapter.

CHAPTER 15 INTELLECTUAL PROPERTY

SECTION 15-A PRINCIPLES

Article 15.1 Scope and Definitions

Article 15.2 Exhaustion

str. 354Each Party shall be free to establish its own regime for the exhaustion of intellectual property rights subject to the relevant provisions of the TRIPS Agreement. SECTION 15-B STANDARDS CONCERNING INTELLECTUAL PROPERTY RIGHTS

SUBSECTION 15-B-1 COPYRIGHT AND RELATED RIGHTS

str. 354Article 15.3

Protection Granted

str. 355The Parties shall comply with the rights and obligations set out in the Berne Convention for the Protection of Literary and Artistic Works (of 9 September 1886, as last revised at Paris on 24 July 1971), the WIPO Copyright Treaty (adopted in Geneva on 20 December 1996), the WIPO Performances and Phonograms Treaty (adopted in Geneva on 20 December 1996), and the TRIPS Agreement. The Parties may provide for protection of performers, producers of phonograms and broadcasting organisations in accordance with the relevant provisions of the International Convention for the Protection of Performers, Producers of Phonograms and

Broadcasting Organisations (done at Rome on 26 October 1961). [1]

Article 15.4 Term of Protection

str. 3551. Each Party shall provide, where the term of protection of a work is to be calculated on the basis of the life of the author, that the term shall be not less than the life of the author and 70 years after the author's death. 2. In the case of a work of joint authorship, the term referred to in paragraph 1 shall be calculated from the death of the last surviving author. 3. The term of protection of cinematographic works shall be not less than 70 years after the work has been made available to the public with the consent of the author or, failing such an event within 50 years from the making of such a work, at least 70 years after the making. 4. The term of protection to be granted to producers of phonograms under this Agreement shall last, at least, until the end of a period of 50 years computed from the end of the year in which the phonogram was published, or failing such publication within 50 years from fixation of the phonogram, 50 years from the end of the year in which the fixation was made. 5. The term of protection for rights in broadcasts shall be not less than 50 years after the first transmission or making of the broadcast. 6. The terms laid down in this Article shall be calculated from the first of January of the year following the event which gives rise to them.

Article 15.5 Presumptions Relating to Copyright and Related Rights

str. 355In civil proceedings involving copyright or related rights, each Party shall provide for a presumption that, at least with respect to a literary or artistic work, performance or phonogram, in the absence of proof to the contrary, the natural or legal person whose name appears on such work, performance or phonogram in the usual manner, is the right holder and is consequently entitled to institute infringement proceedings.

Article 15.6 Cooperation on Collective Management of Rights

str. 356The Parties shall endeavour to promote dialogue and cooperation among their respective collective management societies with the purpose of ensuring easier access and delivery of content between the territories of the Parties, and the transfer of royalties arising from the use of works or other copyright-protected subject matter.

Article 15.7 Protection of Technological Measures

str. 3561. Each Party shall provide adequate legal protection and effective legal remedies against the circumvention of any effective technological measures 2 that are used by authors, performers or producers of phonograms in connection with the exercise of their rights in, and that restrict acts in respect of, their works, performances, and phonograms, which are not authorised by the authors, the performers or the producers of phonograms concerned or permitted by domestic law. 3
2. In providing adequate legal protection and effective legal remedies pursuant to paragraph 1, a Party may adopt or maintain appropriate limitations or exceptions to measures implementing paragraph 1. The obligations under paragraph 1 are without prejudice to the rights, limitations, exceptions, or defences to copyright or related rights infringement under each Party's domestic law.

Article 15.8 Protection of Rights Management Information

SUBSECTION 15-B-2 TRADEMARKS

Article 15.9 International Agreements

str. 357Each Party shall make all reasonable efforts to comply with the Trademark Law Treaty (done at Geneva on 27 October 1994) and the Singapore Treaty on the Law of Trademarks (adopted in Singapore on 27 March 2006). 5

Article 15.10 Registration Procedure

str. 358Each Party shall provide for a system for the registration of trademarks in which the relevant trademark administration shall give reasons for a refusal to register a trademark in writing. The applicant shall have the opportunity to appeal against such refusal before a judicial authority. Each Party shall introduce the possibility for third parties to oppose trademark applications. Each Party shall provide a publicly available electronic database of trademark applications and trademark registrations.

Article 15.11 Well-Known Trademarks

str. 358The Parties shall protect well-known trademarks in accordance with the TRIPS Agreement. In determining whether a trademark is well-known, the Parties agree to take into consideration the Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks

- (c) any number or codes that represent the information described in subparagraphs (a) and (b), when any of these items of information is attached to a copy of a work, performance, or phonogram, or appears in connection with the communication or
- making available of a work, performance or phonogram to the public. - 5 Singapore is a party to the Singapore Treaty on the Law of Trademarks . Turkey shall make all reasonable efforts to facilitate accession to the said Treaty. (adopted by the Assembly of the Paris Union for the Protection of Industrial Property and the General Assembly of the WIPO at the Thirty-Fourth Series of Meetings of the Assemblies of the Member States of WIPO on 20 to 29 September 1999).

Article 15.12 Exceptions to the Rights Conferred by a Trademark

str. 358Each Party:

- (a) shall provide for the fair use of descriptive terms [2] as a limited exception to the rights conferred by trademarks; and

- (b) may provide for other limited exceptions,

provided that these exceptions take account of the legitimate interests of the owners of the trademarks and of third parties. SUBSECTION 15-B-3 GEOGRAPHICAL INDICATIONS [3]

Article 15.13 Scope

str. 3591. This Subsection applies to the recognition and protection of geographical indications for goods originating in the territories of the Parties. 2. Geographical indications of a Party to be protected by the other Party shall only be subject to this Subsection if they are recognised and declared as geographical indications in their country of origin.

Article 15.14 System of Protection of Geographical Indications

str. 359With the recognition of the importance of the protection of geographical indications, each Party shall provide a system for the protection of geographical indications in accordance with Section 3 (Geographical Indications), Part II of the TRIPS Agreement and protect the geographical indications of the other Party in accordance with its legislation [4] . SUBSECTION 15-B-4 DESIGNS

Article 15.15 Requirements for Protection of Registered Designs

str. 3591. The Parties shall provide for the protection of independently created designs that are new or original. 9 This protection shall be provided by registration and shall confer exclusive rights upon their holders in accordance with the provisions of this Subsection. 10
2. Design protection shall not extend to designs dictated essentially by technical or functional considerations. 3. A design right shall not subsist in a design which is contrary to public order or to accepted principles of morality.

Article 15.16 Rights Conferred by Registration

str. 360The owner of a protected design shall have the right to prevent third parties, not having the owner's consent, from at least making, offering for sale, selling or importing articles bearing or embodying a design which is a copy, or substantially a copy, of the protected design, when such acts are undertaken for commercial purposes.

Article 15.17 Term of Protection

str. 360The duration of protection available shall be consistent with Article 26.3 of the TRIPS Agreement.

Article 15.18 Exceptions

str. 360The Parties may provide limited exceptions to the protection of designs, provided that such exceptions do not unreasonably conflict with the normal exploitation of protected designs and do not unreasonably prejudice the legitimate interests of the owner of the protected design, taking account of the legitimate interests of third parties. - 9 The Parties agree that when the domestic law of a Party so provides, individual character of designs can also be required. This refers to designs that significantly differ from known designs or combinations of known designs' features. - 10 It is understood that designs are not excluded from protection simply on the basis that they constitute a part of an article or product, provided that they are visible, fulfil the criteria of this paragraph, and:
- (a) fulfil any other criteria for design protection; and
- (b) are not otherwise excluded from design protection,

under the Parties' respective domestic law. - 11 Nothing in this Article precludes either Party from providing other specified exclusions from design protection under its domestic law. The Parties understand that such exclusions shall not be extensive.

SUBSECTION 15-B-5 PATENTS

Article 15.19 International Agreements

str. 360The Parties recall the obligations under the Patent Cooperation Treaty (done at Washington on 19 June 1970, amended on 28 September 1979 and modified on 3 February 1984). The Parties shall, where appropriate, make all reasonable efforts to comply with Article 1 to

Article 16 of the Patent Law Treaty (adopted in Geneva on 1 June 2000) in a manner consistent with their domestic law and procedures.

Article 15.20 Patents and Public Health

str. 3611. The Parties recognise the importance of the Declaration on the TRIPS Agreement and Public Health (adopted in Doha on 14 November 2001 by the Ministerial Conference of the WTO). In interpreting and implementing the rights and obligations under this Subsection and Subsection 15-B-6 (Protection of Test Data), the Parties shall ensure consistency with this Declaration. 2. The Parties shall respect the Decision of the WTO General Council of 30 August 2003 on Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health , as well as the Decision of the WTO General Council of 6 December 2005 on Amendment of the TRIPS Agreement , adopting the Protocol Amending the TRIPS Agreement . SUBSECTION 15-B-6 PROTECTION OF TEST DATA

Article 15.21 Protection of Test Data Submitted to Obtain an Administrative Marketing Approval to put an Agricultural Chemical Product on the Market

str. 3611. When a Party requires the submission of test data or studies concerning the safety and efficacy of an agricultural chemical product prior to granting an approval for the marketing of such product in that Party, the Party shall not, for a period of at least seven years from the date of approval, permit third parties to market the same or a similar product, on the basis of the marketing approval granted to the party which had provided the test data or studies, unless the party which had provided the test data or studies has given its consent. 2. Where a Party provides for measures or procedures to avoid duplicative testing on vertebrate animals with respect to agricultural chemical products, that Party may provide for the conditions and circumstances under which third parties may market the same or similar product, on the basis of the marketing approval granted to the party which had provided the test data or studies. 3.

str. 362Where a Party requires the submission of test data or studies concerning the safety or efficacy of an agricultural chemical product prior to granting an approval for the marketing of such product, the Party shall endeavour to make best efforts to process the application expeditiously with a view to avoiding unreasonable delays.

SUBSECTION 15-B-7 PLANT VARIETIES

Article 15.22

International Agreements

str. 362The Parties reaffirm their obligations under the International Convention for the Protection of New Varieties of Plants (adopted in Paris on 2 December 1961, as last revised in Geneva on 19 March 1991), including their ability to implement the optional exception to the breeder's right, as referred to in paragraph 2 of Article 15 of the Convention. SECTION 15-C ENFORCEMENT

Article 15.23 Enforcement of Intellectual Property Rights

str. 362The Parties shall provide suitable and effective protection of intellectual and industrial property rights in line with the TRIPS Agreement and other international agreements to which both Parties are party. The Parties shall ensure enforcement procedures as specified in Part III of the TRIPS Agreement so as to permit effective action against any act of infringement of intellectual property rights. SECTION 15-D COOPERATION

Article 15.24 Cooperation

str. 3621. The Parties agree to cooperate with a view to supporting the implementation of the commitments and obligations undertaken in this Chapter. Areas of cooperation include, but are not limited to, the following activities:
2. (a) the granting of patents on the basis of applications filed by applicants of a Party in the other Party;
3. (b) exchange of information on legal frameworks concerning intellectual property rights, including implementation of intellectual property legislation and systems, aimed at promoting the efficient registration of intellectual property rights;
4.

CHAPTER 16 TRANSPARENCY

Article 16.1 Definitions

Article 16.2 Publication

str. 364Each Party shall ensure that its laws, regulations and administrative rulings of general application respecting any matter covered by this Agreement are promptly published or otherwise made available in such a manner as to enable the other Party and interested persons to become acquainted with them.

Article 16.3 Notification and Provision of Information

str. 3651. To the maximum extent possible, each Party shall notify the other Party of any measure that, the Party considers, may materially affect the operation of this Agreement or otherwise substantially affect the other Party's interests under this Agreement. 2. Upon request of a Party, the other Party shall promptly provide information and respond to questions pertaining to any measure whether or not the requesting Party has been previously notified of that measure. 3. Any notification, or information provided under this Article shall be without prejudice as to whether the measure is consistent with this Agreement. 4. Any notification, request, or information under this Article shall be provided to the other Party through the relevant contact points. 5. When the information pursuant to paragraph 1 has been made available by notification to the WTO in accordance with its relevant rules and procedures or when the mentioned information has been made available on the official, publicly accessible and fee free websites of the Parties, the information exchange shall be considered to have taken place.

Article 16.4 Administrative Proceedings

str. 366With a view to administering in a consistent, impartial and reasonable manner all measures referred to in Article 16.2 (Publication), each Party in applying such measures to particular persons, goods or services of the other Party in specific cases, shall:

- (a) endeavour to provide interested persons of the other Party, who are directly affected by a proceeding, with reasonable notice, in accordance with the procedures

under its domestic laws and regulations, when a proceeding is initiated, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated and a general description of any issues in controversy; and - (b) afford such interested persons a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, insofar as time, the nature of the proceeding and the public interest permit in accordance with the procedures under its law.

Article 16.5 Review of Administrative Actions

str. 3661. Each Party shall, subject to its domestic law, establish or maintain judicial, quasijudicial or administrative tribunals or procedures for the purposes of the prompt review and, where warranted, correction of administrative actions [1] relating to matters covered by this Agreement. Such tribunals shall be impartial and independent of the office or authority entrusted with administrative enforcement and shall not have any substantial interest in the outcome of the matter. 2. Each Party shall ensure that, in any such tribunals or procedures, the parties to the proceeding are provided with the right to:

- (a) a reasonable opportunity to support or defend their respective positions; and

- (b) a decision based on the evidence and submissions of record or, where required by its law, the record compiled by the administrative authority. 3. Each Party shall ensure, subject to appeal or further review as provided for in its domestic law, that such decision shall be implemented by, and shall govern the practice of, the office or authority with respect to the administrative action at issue.

Article 16.6 Specific Rules

str. 367Specific rules in other Chapters of this Agreement regarding the subject matter of this Chapter shall prevail to the extent that they differ from the provisions of this Chapter.

CHAPTER 17 DISPUTE SETTLEMENT

Article 17.1 Objective

str. 367The objective of this Chapter is to avoid and settle any dispute between the Parties concerning the interpretation and application of this Agreement with a view to arrive at, where possible, a mutually acceptable solution.

Article 17.2 Scope

str. 367Except as otherwise provided in this Agreement, this Chapter shall apply with respect to avoidance or settlement of all disputes between the Parties regarding the interpretation or application of the provisions of this Agreement or wherever a Party considers that:

- (a) a measure of the other Party is inconsistent with the obligations under the provisions of this Agreement; or
- (b) the other Party has failed to carry out its obligations under the provisions of this Agreement.

Article 17.3 Choice of Forum

str. 3671. Where a dispute regarding any matter referred to in Article 17.2 (Scope) arises under this Agreement and under the WTO Agreement, or any other agreement to which both Parties are party, the complaining Party may select the forum in which to settle the dispute. 2. The complaining Party shall notify the other Party in writing of its intention to bring a dispute to a particular forum before doing so. 3.

str. 368Once the complaining Party has selected a particular forum, the forum selected shall 4. be used to the exclusion of other possible fora . 4. For the purposes of this Article, the complaining Party shall be deemed to have selected a forum when it has requested the establishment of, or referred a matter to, a dispute settlement panel.

Article 17.4 Consultations

str. 3681. The Parties shall at all times endeavour to agree on the interpretation and application of the provisions of this Agreement and to resolve any dispute thereof by entering into consultations in good faith with the aim of reaching a mutually agreed solution. 2. A Party shall seek consultations, by means of a written request to the other Party, and shall give the reasons for the request, identification of the measures at issue, the applicable provisions of the Agreement referred to in Article 17.2 (Scope), and the reasons for the applicability of such provisions. 3. Consultations shall be held within 30 days of the date of receipt of the request and take place, unless the Parties agree otherwise, on the territory of the Party complained against. The consultations shall be deemed concluded within 60 days of the date of receipt of the request, unless the Parties agree otherwise. Consultations shall be confidential, and without prejudice to the rights of either Party in any further proceedings. 4. Consultations on matters of urgency, including those regarding perishable goods shall be held within 15 days of the date of receipt of the request, and shall be deemed concluded within 30 days of the date of receipt of the request, unless the Parties agree otherwise. 5. If the Party to which the request is made does not respond to the request for consultations within 10 days of the date of its receipt, or if consultations are not held within the timeframes laid down in paragraph 3 or in paragraph 4 respectively, or if consultations have been concluded and no mutually agreed solution has been reached, the complaining Party may request the establishment of an arbitration panel in accordance with Article 17.5 (Initiation of Arbitration Procedure).

Article 17.5 Initiation of Arbitration Procedure

str. 3681. Where the Parties have failed to resolve the dispute by recourse to consultations as provided for in Article 17.4 (Consultations), the complaining Party may request the establishment of an arbitration panel in accordance with this Article. 2. The request for the establishment of an arbitration panel shall be made in writing to the Party complained against. The complaining Party shall identify in its request the specific measure at issue, and explain how such measure constitutes a breach of the applicable provisions of the Agreement referred to in Article 17.2 (Scope) in a manner sufficient to
3. present the legal basis for the complaint clearly.

Article 17.6 Terms of Reference

str. 369Unless the Parties otherwise agree within 20 days from the date of receipt of the request for the establishment of the arbitration panel, the terms of reference of the arbitration panel shall be:

'To examine, in the light of the relevant provisions of this Agreement, the matter referred to in the request for the establishment of an arbitration panel pursuant to Article 17.5 (Initiation of Arbitration Procedure) and to make findings, determinations and any recommendations for resolution of the dispute, and issue a written report, as provided in Article 17.9 (Arbitration Panel Report)'.

Article 17.7 Composition and Establishment of the Arbitration Panel

str. 3691. An arbitration panel shall be composed of three members. Each Party shall appoint a member within 30 days of the receipt of the request referred to in paragraph 1 of Article 17.5 (Initiation of Arbitration Procedure) and the two members shall, within 30 days of the appointment of the second of them, designate by agreement the third member. 2. The Parties shall, within seven days of the designation of the third member, approve or disapprove the appointment of that member, who shall, if approved, act as the chairperson of the arbitration panel. 3. If the third member has not been designated within 30 days of the appointment of the second member, or one of the Parties disapproves the appointment of the third member, the Director-General of the WTO shall, at the request of either Party, appoint the chairperson within a further period of 30 days. 4. If one of the Parties does not appoint a member within 30 days of the receipt of the request referred to in paragraph 1 of Article 17.5 (Initiation of Arbitration Procedure), the other Party may inform the Director-General of the WTO who shall appoint the chairperson of the arbitration panel within a further 30 days and the chairperson shall, upon appointment, request the Party which has not appointed a member to do so within 14 days. If after such period, that Party has still not appointed a member, the chairperson shall inform the Director-General of the WTO who shall make this appointment within a further 30 days. 5. For the purposes of paragraphs 3 and 4, in the event that the Director-General of the WTO is a national of either Party, the Deputy Director-General of the WTO or the officer next in seniority who is not a national of either Party shall be requested to make the necessary selections. 6.

str. 370Any person appointed as a member of the arbitration panel shall have expertise or experience in law, international trade, other matters covered by this Agreement or the resolution of disputes arising under international trade agreements. Each member shall be independent, serve in their individual capacities and not be affiliated with, nor take instructions from any Party or organisation related to the dispute and shall comply with Annex 17-A (Code of Conduct for Arbitrators). If a Party considers that a member of the arbitration panel is in violation of these requirements, the Parties shall consult and if they agree, the member shall be removed and a new member shall be appointed in accordance with this Article. Additionally, the chairperson shall not be a national of either Party and have his or her usual place of residence in the territory of, nor be employed by, either Party nor have dealt with the dispute in any capacity. 7. If a member of the arbitration panel appointed under this Article becomes unable to participate in the proceeding or resigns, or is to be replaced according to paragraph 6, a successor shall be selected in the same manner as prescribed for the appointment of the original member. The successor shall have all the powers and duties of the original member. In such a case, the work of the arbitration panel shall be suspended for a period beginning on the date the original member becomes unable to participate in the proceeding, resigns, or is to be replaced according to paragraph 6. The work of the arbitration panel shall resume on the date the new member is appointed. 8. The date of establishment of the arbitration panel shall be the date on which the last of the three members is selected.

Article 17.8 Proceedings of the Arbitration Panel

str. 3701. The arbitration panel shall meet in closed session, unless the Parties decide otherwise. 2. The Parties shall be given the opportunity to provide at least one written submission and to attend any of the presentations, statements or rebuttals in the proceedings. All information or written submissions submitted by a Party to the arbitration panel, including any comments on the interim report and responses to questions put by the arbitration panel, shall be made available to the other Party. 3. A Party asserting that a measure of the other Party is inconsistent with this Agreement shall have the burden of establishing such inconsistency. A Party asserting that a
4. measure is subject to an exception under this Agreement shall have the burden of establishing that the exception applies.

str. 3714. The arbitration panel should consult with the Parties as appropriate and provide adequate opportunities for the development of a mutually satisfactory resolution or mutually agreed solution. 5. The arbitration panel shall make every effort to take any decision by consensus. Where a decision cannot be arrived at by consensus, the matter at issue shall be decided by majority vote. 6. At the request of a Party, or upon its own initiative, the arbitration panel may obtain information from any source, including the Parties involved in the dispute, it deems appropriate for the arbitration panel proceedings. The arbitration panel also has the right to seek the relevant opinion of experts as it deems appropriate. The arbitration panel shall consult the Parties before choosing such experts. Any information obtained in this manner must be disclosed to the Parties and submitted for their comments. 7. The deliberations of the arbitration panel and the documents submitted to it shall be kept confidential. 8. Notwithstanding paragraph 7, either Party may make public statements as to its views regarding the dispute, but shall treat as confidential information and written submissions submitted by the other Party to the arbitration panel which the other Party has designated as confidential. Where a Party has provided information or written submissions designated to be confidential, that Party shall, within 30 days of a request of the other Party, provide a non-confidential summary of the information or written submissions which may be disclosed publicly.

Article 17.9 Arbitration Panel Report

str. 3711. The arbitration panel shall issue an interim report to the Parties setting out:
2. (a) a summary of the submissions and arguments of the Parties;
3. (b) the findings of fact, together with reasons;
4.

str. 372(c) its determination as to the interpretation or application of the provisions of this Agreement or whether a measure at issue is inconsistent with the provisions of this Agreement or whether a Party has failed to carry out its obligations under the provisions of this Agreement, or any other determination requested in the terms of reference; and - (d) if there is a determination of inconsistency, its recommendation that the Party complained against bring the measure into conformity with the obligations under this Agreement and, if the Parties agree, on the means to resolve the dispute,

not later than 90 days from the date of establishment of the arbitration panel. Where it considers that this deadline cannot be met, the chairperson of the arbitration panel must notify the Parties in writing, stating the reasons for the delay and the date on which the arbitration panel plans to issue its interim report. Under no circumstances should the arbitration panel issue its interim report later than 120 days after the date of its establishment. 2. Any Party may submit a written request for the arbitration panel to review precise aspects of the interim report within 30 days of its notification. 3. After considering any written comments by the Parties on the interim report, the arbitration panel may modify its report and make any further examination it considers appropriate. The final report shall set out the matters listed in paragraph 1, include a sufficient discussion of the arguments made at the interim review stage, and answer clearly to the written comments of the two Parties. 4. The arbitration panel shall issue its final report to the Parties within 150 days from the date of the establishment of the arbitration panel. Where it considers that this deadline cannot be met, the chairperson of the arbitration panel shall notify the Parties in writing, stating the reasons for the delay and the date on which the arbitration panel plans to issue its final report. Under no circumstances should the arbitration panel issue its final report later than 180 days after the date of its establishment. 5. In cases of urgency, including those involving perishable goods:
5. (a) the arbitration panel shall make every effort to issue its interim and final reports to the Parties within half of the respective time periods under paragraphs 1 and 4. Under no circumstances should the arbitration panel issue its final report later than 90 days after the date of its establishment;
6. (b) any Party may submit a written request for the arbitration panel to review precise aspects of the interim report within half of the time period under paragraph 2. 6. Any findings, determinations and recommendations in the final report of the arbitration panel shall be final and binding on the Parties, and shall not create any rights or obligations to any person.

str. 372For greater certainty, nothing in the final report may add to or diminish the rights and obligations of the Parties under this Agreement.

Article 17.10 Implementation of the Arbitration Panel Report 1. The Party complained against shall take any measure necessary to comply in good faith with the arbitration panel determinations and any recommendations in the final report, and the Parties shall endeavour to agree on the time period for the Party complained against to comply with such determinations and recommendations.

str. 3732. No later than 30 days after the receipt of final report, the Party complained against shall notify the complaining Party of the time it will require for compliance (hereinafter referred to as 'reasonable period of time'), if immediate compliance is not practicable. 3. If there is disagreement between the Parties on the reasonable period of time to comply with the arbitration panel determinations and any recommendations, the complaining Party shall, within 50 days of the date of issuance of the final report, request in writing to the original arbitration panel to determine the length of the reasonable period of time. Such request shall be notified simultaneously to the other Party. The original arbitration panel shall issue its determination to the Parties within 20 days from the date of the submission of the request. 4. In the event that any member of the original arbitration panel is no longer available, the procedures set out in Article 17.7 (Composition and Establishment of the Arbitration Panel) shall apply. The time limit for issuing the determination on the

length of the reasonable period of time shall be 35 days [1] from the date of the submission of the request referred to in paragraph 3. 5. The Party complained against shall inform the complaining Party in writing of its progress to comply with the arbitration panel determinations and any recommendations at least one month before the expiry of the reasonable period of time. 6. The reasonable period of time may be extended by mutual agreement of the Parties. 7. The Party complained against shall notify the complaining Party before the end of the reasonable period of time of any measure that it has taken to comply with the arbitration panel determinations and any recommendations. 8. In the event that there is disagreement between the Parties concerning the existence or the consistency of any measure notified under paragraph 7 with the provisions referred to in Article 17.2 (Scope), the complaining Party may request in writing the original arbitration panel to determine on the matter. Such request shall identify the specific measure at issue and the provisions referred to in Article 17.2 (Scope) with which it considers that measure to be inconsistent, in a manner sufficient to present the legal basis for the complaint clearly, and it shall explain how such measure is inconsistent with the provisions referred to in Article 17.2 (Scope). The original arbitration panel shall notify its determination within 45 days of the date of the submission of the request. 9.

str. 374In the event that any member of the original arbitration panel is no longer available, the procedures set out in Article 17.7 (Composition and Establishment of the Arbitration Panel) and Annex 17-B (Rules of Procedure for Arbitration Panel) shall apply. The time limit for issuing the determination shall be 60 days [2] from the date of the submission of the request referred to in paragraph 8.

Article 17.11 Compensation and Suspension of Concessions or Other Obligations

str. 3741. If the Party complained against fails to notify any measure taken to comply with the arbitration panel determinations and any recommendations before the expiry of the reasonable period of time, or if the arbitration panel determines that no measure taken to comply exists or that the measure notified under paragraph 7 of Article 17.10 (Implementation of Arbitration Panel Report) is inconsistent with that Party's obligations under the provisions referred to in Article 17.2 (Scope), the Party complained against shall, enter into negotiations with the complaining Party with a view to developing mutually acceptable agreement on compensation. 2. If no agreement on compensation is reached within 30 days after the end of the reasonable period of time or, where applicable, the issuance of the arbitration panel determination under paragraph 8 of Article 17.10 (Implementation of the Arbitration Panel Report) that no measure taken to comply exists or that a measure taken to comply is inconsistent with the provisions referred to in Article 17.2 (Scope), the complaining Party shall be entitled, upon notification to the other Party, to suspend concessions or obligations arising from any provision referred to in Article 17.2 (Scope) at a level equivalent to the nullification or impairment caused by the violation. The notification shall specify the level of concessions or other obligations that the complaining Party intends to suspend and indicate the reasons on which the suspension is based. The complaining Party may implement the suspension at any moment after the expiry of 20 days after the date of receipt of the notification by the Party complained against, unless the Party complained against has requested arbitration under paragraph 5. 3. The compensation referred to in paragraph 1 and the suspension referred to in paragraph 2 shall be temporary measures. Neither compensation nor suspension is preferred to full elimination of the non-conformity as determined in the final report of the arbitration panel. The suspension shall only be applied until such time as the nonconformity is fully eliminated or a mutually satisfactory solution is reached. 4. In considering what concessions or other obligations to suspend pursuant to paragraph 2:
5.

str. 375(a) the complaining Party should first seek to suspend concessions or other obligations with respect to the same sector(s) as that in which the final report of the arbitration panel referred to in Article 17.9 (Arbitration Panel Report) has found an inconsistency with the obligations under this Agreement; 6. (b) if the complaining Party considers that it is not practicable or effective to suspend concessions or other obligations with respect to the same sector(s), it may suspend concessions or other obligations with respect to other sector(s); and
7. (c) the complaining Party will take into consideration those concessions or other obligations the suspension of which would least disturb the functioning of the this Agreement. 5. If the Party complained against considers that the level of suspension is not equivalent to the nullification or impairment caused by the violation, it may request in writing the original arbitration panel to determine the matter. Such request shall be notified to the complaining Party before the expiry of the 20-day period referred to in paragraph 2. The original arbitration panel, having sought, if appropriate, the opinion of experts, shall notify its determination on the level of the suspension of concessions or other obligations to the Parties within 30 days of the date of the submission of the request. Concessions or other obligations shall not be suspended until the original arbitration panel has notified its determination, and any suspension shall be consistent with the arbitration panel determination. 6. In the event that any member of the original arbitration panel is no longer available, the procedures laid down in Article 17.7 (Composition and Establishment of the Arbitration Panel) shall apply. The period for issuing the determination shall be 45 days [3] from the date of the submission of the request referred to in paragraph 5. 7. The suspension of concessions or other obligations shall be temporary and shall not be applied after:
11. (a) the Parties have reached a mutually agreed solution pursuant to Article 17.14 (Mutually Agreed Solution); or
12. (b) the Parties have reached an agreement on whether the measure notified under paragraph 1 of Article 17.12 (Review of Any Measure Taken to Comply After the Suspension of Concessions or Other Obligations) brings the Party complained against into conformity with the provisions referred to in Article 17.2 (Scope); or
13.

str. 375(c) any measure found to be inconsistent with the provisions referred to in Article 17.2 (Scope) has been withdrawn or amended so as to bring it into conformity with those provisions, as determined under paragraph 2 of Article 17.12 (Review of Any Measure to Comply After the Suspension of Concessions or Other

str. 376Obligations).

1. The Party complained against shall notify the complaining Party of any measure it has taken to comply with the determination of the arbitration panel and of its request for the termination of the suspension of concessions or other obligations applied by the complaining Party. 2. If the Parties do not reach an agreement on whether the notified measure brings the Party complained against into conformity with the provisions referred to in Article 17.2 (Scope) within 30 days of the date of receipt of the notification, the complaining Party shall request in writing the original arbitration panel to determine the matter. Such request shall be notified simultaneously to the other Party. The arbitration panel determination shall be notified to the Parties within 45 days of the date of the submission of the request. If the complaining Party does not request the arbitration panel to determine the matter, or the arbitration panel determines that any measure taken to comply is in conformity with the provisions referred to in Article 17.2 (Scope), the suspension of concessions or other obligations shall be terminated. 3. In the event that any member of the original arbitration panel is no longer available, the procedures set out in Article 17.7 (Composition and Establishment of the Arbitration Panel) shall apply. The time limit for issuing the determination shall be 60 [4] days from the date of the submission of the request referred to in paragraph 2.

Article 17.13 Suspension and Termination of Arbitration Procedures

str. 3761. The arbitration panel shall, at the written request of both Parties, suspend its work at any time for a period agreed by the Parties not exceeding 12 months and shall resume its work at the end of this agreed period at the written request of the complaining Party, or before the end of this agreed period at the written request of both Parties. If the complaining Party does not request the resumption of the arbitration panel's work before the expiry of the agreed suspension period, the dispute settlement procedures initiated pursuant to this Chapter shall be deemed terminated. Subject to Article 17.3 (Choice of Forum), the suspension and termination of the arbitration panel's work are without prejudice to the rights of either Party in another proceeding. 2. The Parties may, at any time, agree in writing to terminate the dispute settlement procedures initiated pursuant to this Chapter.

Article 17.14 Mutually Agreed Solution

str. 377The Parties may reach a mutually agreed solution to a dispute under this Chapter at any time. They shall notify the arbitration panel, if any, of such a solution. If the solution requires approval pursuant to the relevant domestic procedures of either Party, the notification shall refer to this requirement, and the dispute settlement procedures initiated pursuant to this Chapter shall be suspended. If such approval is not required, or upon notification of the completion of any such domestic procedures, the procedure shall be terminated.

Article 17.15 Rules of Procedure

str. 3771. Dispute settlement procedures under this Chapter shall be governed by Annex 17-B (Rules of Procedure for Arbitration). 2. Any time period or other rules and procedures for arbitration panels provided for in this Chapter may be modified by mutual agreement of the Parties.

Article 17.16 Rules of Interpretation

str. 377The arbitration panel shall interpret the provisions referred to in Article 17.2 (Scope) in accordance with customary rules of interpretation of public international law, including those codified in the 1969 Vienna Convention on the Law of Treaties .

Article 17.17 Expenses

str. 377Each Party shall bear the cost of its appointed arbitrator and its own expenses and legal costs. The cost of the chairperson of an arbitration panel and other expenses associated with the conduct of the proceedings shall be borne by the Parties in equal shares. [1] For greater certainty, the period of 35 days does not include the days suspended pursuant to paragraph 7 of Article 17.7 (Composition and Establishment of the Arbitration Panel).

str. 378- [2] For greater certainty, the period of 60 days does not include the days suspended pursuant to paragraph 7 of Article 17.7 (Composition and Establishment of the Arbitration Panel). - [3] For greater certainty, the period of 45 days does not include the days suspended pursuant to paragraph 7 of Article 17.7 (Composition and Establishment of the Arbitration Panel). - [4] For greater certainty, the period of 60 days does not include the days suspended pursuant to paragraph 7 of Article 17.7(Composition and Establishment of the Arbitration Panel).

Definitions

Responsibilities to the Process

str. 379Throughout the proceedings, every candidate and arbitrator shall avoid impropriety and the appearance of impropriety, shall be independent and impartial, shall avoid direct and indirect conflicts of interests and shall observe high standards of conduct so that the integrity and impartiality of the dispute settlement mechanism are preserved. Arbitrators shall not take instructions from any organisation or government with regard to matters before an arbitration panel. Former arbitrators must comply with the obligations established in paragraphs 15, 16, 17 and 18.

Disclosure Obligations

str. 3793. Prior to confirmation of his or her selection as an arbitrator under Chapter 17 (Dispute Settlement), a candidate shall disclose any interest, relationship or matter that is likely to affect his or her independence or impartiality or that might reasonably create an appearance of impropriety or bias in the proceeding. To this end, a candidate shall make all reasonable efforts to become aware of any such interests, relationships and matters. 4. A candidate or an arbitrator shall only communicate matters concerning actual or potential violations of this Code of Conduct to the Joint Committee for consideration by the Parties. 5. Once selected, an arbitrator shall continue to make all reasonable efforts to become aware of any interests, relationships or matters referred to in paragraph 3 and shall disclose them. The disclosure obligation is a continuing duty which requires an arbitrator to disclose any such interests, relationships or matters that may arise during any stage of the proceeding at the earliest time the arbitrator becomes aware of it. The arbitrator shall disclose such interests, relationships or matters by informing the Joint Committee, in writing, for consideration by the Parties.

Duties of Arbitrators

str. 380Upon selection, an arbitrator shall perform his or her duties thoroughly and expeditiously throughout the course of the proceeding, and with fairness and diligence. 7. An arbitrator shall consider only those issues raised in the proceeding and necessary for a ruling and shall not delegate this duty to any other person. 8. An arbitrator shall take all appropriate steps to ensure that his or her assistants and staff are aware of, and comply with, paragraphs 2, 3, 4, 5, 16, 17 and 18. 9. An arbitrator shall not engage in ex parte contacts concerning the proceeding.

Independence and Impartiality of Arbitrators

str. 38010. An arbitrator must be independent and impartial and avoid creating an appearance of impropriety or bias and shall not be influenced by self-interest, outside pressure, political considerations, public clamour, and loyalty to a Party or fear of criticism. 11. An arbitrator shall not, directly or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of her or his duties. 12. An arbitrator may not use her or his position on the arbitration panel to advance any personal or private interests and shall avoid actions that may create the impression that others are in a special position to influence her or him. 13. An arbitrator may not allow financial, business, professional, family or social relationships or responsibilities to influence her or his conduct or judgement. 14. An arbitrator shall avoid entering into any relationship or acquiring any financial interest that is likely to affect her or his impartiality or that might reasonably create an appearance of impropriety or bias.

Obligations of Former Arbitrators

str. 38115. All former arbitrators must avoid actions that may create the appearance that they were biased in carrying out their duties or derived any advantage from the decision or ruling of the arbitration panel.

Confidentiality

str. 38116. No arbitrator or former arbitrator shall at any time disclose or use any non-public information concerning a proceeding or acquired during a proceeding except for the purposes of that proceeding and shall not, in particular, disclose or use any such information to gain a personal advantage or an advantage for others or to affect the interest of others. 17. An arbitrator shall not disclose an arbitration panel determination or parts thereof prior to its publication in accordance with Chapter 17 (Dispute Settlement). 18. An arbitrator or former arbitrator shall not at any time disclose the deliberations of an arbitration panel, or any arbitrator's view regarding the deliberations.

Expenses

str. 38119. Each arbitrator shall keep a record and render a final account of the time devoted to the procedure and of his or her expenses, as well as the time and expenses of his or her assistants.

Definitions

Notifications

str. 3823. The Parties and the arbitration panel shall transmit any request, notice, written submission or other document by e-mail, with a copy submitted on the same day by registered post, courier, facsimile transmission, delivery against receipt or any other means of telecommunication that provides a record of the sending thereof. Unless proven otherwise, an e-mail message shall be deemed to be received on the same date of its sending. 4. A Party shall provide an electronic copy of each of its written submissions and rebuttals to the other Party and to each of the arbitrators. A paper copy of the document shall also be provided. 5.

str. 383All notifications shall be addressed and delivered to the Ministry of Economy of the Republic of Turkey or its successor and to, the Director of Emerging Markets Division, Ministry of Trade and Industry of Singapore or its successor, respectively. 6. Minor errors of a clerical nature in any request, notice, written submission or other document related to the arbitration panel proceeding may unless the other Party objects, be corrected by delivery of a new document clearly indicating the changes. 7. If the last day for delivery of a document falls on an official holiday of either Party, the document may be delivered on the next business day.

Commencing the Arbitrations

str. 3838. Unless the Parties otherwise agree, they shall meet the arbitration panel within seven days of the date of the establishment of the arbitration panel in order to determine such matters that the Parties or the arbitration panel deems appropriate, including the remuneration and expenses to be paid to the arbitrators. Arbitrators and representatives of the Parties may take part in this meeting via telephone or video conference.

Initial Submissions

str. 3839. The complaining Party shall deliver its initial written submission no later than 20 days after the date of establishment of the arbitration panel. The Party complained against shall deliver its written counter-submission no later than 20 days after the date of delivery of the initial written submission.

Working of Arbitration Panels

str. 38310. The chairperson of the arbitration panel shall preside at all of its meetings.

str. 384An arbitration panel may delegate to the chairperson authority to make administrative and procedural decisions. 11. Except as otherwise provided in this Agreement, the arbitration panel may conduct its activities by any means, including telephone, facsimile transmissions or computer links. 12. Only arbitrators may take part in the deliberations of the arbitration panel but the arbitration panel may permit its assistants to be present at its deliberations. The drafting of any decision, determination or recommendation shall remain the exclusive responsibility of the arbitration panel and shall not be delegated. 13. Where a procedural question arises that is not covered by this Agreement, the arbitration panel may adopt an appropriate procedure, in consultation with the Parties, that is not inconsistent with this Agreement. 14. When the arbitration panel considers that there is a need to modify any time period applicable in the proceeding, or to make any other procedural or administrative adjustment in the proceeding, it shall inform the Parties in writing of the reasons for the modification or adjustment with the indication of the period or adjustment needed.

Replacement

str. 38415. If an arbitrator becomes unable to participate in the proceeding or resigns, or is to be replaced, a successor shall be selected in accordance with Article 17.7 (Composition and Establishment of the Arbitration Panel). 16.

str. 385Where a Party considers that an arbitrator does not comply with the requirements of the Code of Conduct under Annex 17-A (Code of Coduct for Arbitrators) (hereinafter referred to as 'Code of Conduct'), and for this reason should be replaced, this Party should notify the other Party within 15 days from the time at which it came to know of the circumstances underlying the arbitrator's non-compliance with the Code of Conduct. 17. Where a Party considers that an arbitrator other than the chairperson does not comply with the requirements of the Code of Conduct, the Parties shall consult and, if they so agree, replace the arbitrator and select a replacement following the procedure set out in Article 17.7 (Composition and Establishment of the Arbitration Panel). 18. If the Parties fail to agree on the need to replace the arbitrator, any Party may request that such matter be referred to the chairperson of the arbitration panel, whose decision shall be final. If, pursuant to such a request, the chairperson finds that the arbitrator did not comply with the requirements of the Code of Conduct, a new arbitrator shall be selected. The Party which had selected the arbitrator who needs to be replaced, shall select a new arbitrator in accordance with Article 17.7 (Composition and Establishment of the Arbitration Panel). If the Party fails to select a new arbitrator within five days of the finding of the chairperson of the arbitration panel, the chairperson shall request the Director-General of the WTO to make the appointment within 20 days. 19. Where a Party considers that the chairperson of the arbitration panel does not comply with the requirements of the Code of Conduct, the Parties shall consult and, if they so agree, replace the

chairperson and select a replacement following the procedure set out in Article 17.7 (Composition and Establishment of the Arbitration Panel).

str. 38620. If the Parties fail to agree on the need to replace the chairperson, any Party may request that such matter be referred to a neutral third party. If the Parties are unable to agree on a neutral third party, such matter shall be referred to the Director-General of the WTO whose decision on the need to replace the chairperson shall be final. If the neutral third party or the Director-General of the WTO as the case may be decides that the original chairperson did not comply with the requirements of the

Code of Conduct, the Parties shall agree on the replacement. If the Parties fail to agree on a new chairperson, the Director-General of the WTO shall, at the request of any Party, select the new chairperson within 20 days of the request. 21. The arbitration panel proceedings shall be suspended for the period taken to carry out the procedures provided for in Rules 15 to 20 of this Annex.

Hearings

str. 38622. Unless the Parties otherwise agree, at least one hearing shall be held. The chairperson shall fix the date and time of the hearing in consultation with the Parties and the other arbitrators and confirm this in writing to the Parties. This information shall also be made publicly available by the Party in charge of the logistical administration of the proceeding when the hearing is open to the public. 23. Unless the Parties otherwise agree, the hearing shall be held in Singapore where the complaining Party is the Republic of Turkey, or in Ankara, Turkey where the complaining Party is Singapore. 24. The arbitration panel may convene additional hearings if the Parties so agree. 25. All arbitrators shall be present during the entirety of any hearing. 26. Representatives of a Party, advisors to a Party, administration staff, interpreters, translators and rapporteurs and arbitrators' assistants may attend the hearings, irrespective of whether the hearings are open to the public or not. Only the representatives and advisors of a Party may address the arbitration panel.

str. 38727. No later than five days before the date of a hearing, each Party shall deliver to the arbitration panel and simultaneously to the other Party a list of the names of those persons who will make oral arguments or presentations at the hearing on behalf of that Party and of other representatives or advisors who will be attending the hearing. 28. The hearings of the arbitration panels shall be closed to the public. The Parties may decide to open the hearings partially or completely to the public. The arbitration panel shall meet in closed sessions when the submissions and arguments of a Party contain confidential information. 29. The arbitration panel shall conduct the hearing in the following manner, ensuring that the complaining Party and the Party complained against are afforded equal time:

submissions

- (a) submission of the complaining Party; and
- (b) counter-submission of the Party complained against. rebuttals

- (a) reply of the complaining Party; and
- (b) counter-rebuttal of the Party complained against. 30. The arbitration panel may direct questions to either Party at any time during a hearing.

str. 38831. The arbitration panel shall arrange for a transcript of each hearing to be prepared and delivered as soon as possible to the Parties. 32. Within 10 days of the date of the hearing, each Party may deliver to the arbitration panel and simultaneously to the other Party a supplementary written submission concerning any matter that arose during the hearing.

Questions in Writing

str. 38833. The arbitration panel may at any time during the proceedings address questions in writing to one or both Parties. The arbitration panel shall ensure that each of the Parties receive a copy of any questions put by the arbitration panel. 34. Each Party shall also provide a copy of its written response to the arbitration panel's questions to the arbitration panel and simultaneously to the other Party. Each Party shall be given the opportunity to provide written comments on the other Party's reply within five days of the date of receipt.

Confidentiality

str. 38835. The Parties and their advisors shall maintain the confidentiality of the arbitration panel hearings where the hearings are held in closed session, the deliberations and interim panel report, and all written submissions to, and communications with, the panel. Each Party and its advisors shall treat as confidential any information submitted by the other Party to the arbitration panel which that Party has designated as confidential.

str. 389Nothing in this Annex shall preclude a Party from disclosing statements of its own positions to the public to the extent that, when making reference to information submitted by the other Party, it does not disclose any information designated by the other Party as confidential.

36. The arbitration panel shall not meet, hear or otherwise contact a Party in the absence of the other Party. 37. No arbitrator may discuss an aspect of the subject matter of the proceeding with a Party or both Parties in the absence of the other arbitrators.

Urgent Cases

str. 38938. In cases of urgency referred to in Chapter 17 (Dispute Settlement), the arbitration panel, after consulting the Parties, shall adjust the time limits referred to in this Annex as appropriate and shall notify the Parties of such adjustments.

Translation and Interpretation

str. 38939. The common working language for the proceedings of the arbitration panel shall be English. If a Party decides to use interpretation during the proceedings, the arrangement and the cost shall be borne by that Party. 40. Any document submitted for use in any proceedings pursuant to this Chapter shall be in English. If any original document is not in English, the Party submitting it for use in the proceedings shall provide a translation of that document.

Computation of Time

str. 38941. All time periods laid down in this Chapter shall be counted in calendar days, the first day being the day following the act or fact to which they refer.

str. 39042. Where, by reason of the operation of Rule 7, a Party receives a document on a date other than the date on which the same document is received by the other Party, any period of time the calculation of which is dependent on such receipt shall be calculated from the last date of receipt of that document.

Other Procedures

str. 39043. Unless otherwise provided, this Annex is also applicable to procedures established under Articles 17.10 (Implementation of the Arbitration Panel Report), 17.11 (Compensation and Suspension of Concessions or Other Obligations) and 17.12 (Review of Any Measure Taken to Comply After the Suspension of Concessions or Other Obligations).

CHAPTER 18 INSTITUTIONAL, GENERAL AND FINAL PROVISIONS

Article 18.1 Joint Committee

str. 3901. The Parties hereby establish a Joint Committee comprising representatives of Singapore and Turkey. 2. The first meeting of the Joint Committee shall be held within one year after the entry into force of this Agreement. Thereafter, the Joint Committee shall meet every two years in Singapore or Turkey alternately, unless the Parties agree otherwise.

str. 391The Joint Committee shall be co-chaired by the representatives appointed by Singapore and Turkey. The Joint Committee shall agree on its meeting schedule and set its agenda. 3. The Joint Committee shall:

- (a) ensure that this Agreement operates properly;
- (b) supervise and facilitate the implementation and application of this Agreement, and further its general aims;
- (c) supervise the work of all sub-committees, working groups and other bodies established under this Agreement;
- (d) consider ways to further enhance trade relations between the Parties;
- (e) without prejudice to Chapter 17 (Dispute Settlement), seek to solve problems which might arise in areas covered by this Agreement; and
- (f) consider any other matter of interest relating to an area covered by this Agreement. 4.

str. 392The Joint Committee may:
- (a) decide to establish or dissolve sub-committees, or allocate responsibilities to them;
- (b) communicate with all interested parties including private sector and civil society organisations;
- (c) take decisions in the matters related to this Agreement, including decisions to adopt any amendment to this Agreement; - (d) modify this agreement where the Joint Committee is specifically empowered to do so;
- (e) adopt interpretations of the provisions of this Agreement, which shall be binding on the Parties and all bodies set up under this Agreement including arbitration panels referred to under Chapter 12 (Investment) and Chapter 17 (Dispute Settlement);
- (f) adopt decisions or make recommendations as envisaged by this Agreement;
- (g) adopt its own rules of procedure; and
- (h) take any other action in the exercise of its functions as the Parties may agree.

Article 18.2 Committees and Working Groups

str. 3921. The Joint Committee may set up sub-committees, working groups or any other bodies it deems appropriate. 2. The composition, frequency of meetings, and functions of the sub-committees, working groups or any other bodies may be established either by relevant provisions of this Agreement or by the Joint Committee acting consistently with this Agreement. 3. The sub-committees, working groups or any other bodies shall inform the Joint Committee of their schedule and agenda sufficiently in advance of their meetings. They shall report to the Joint Committee on their activities at each regular meeting of the Joint Committee. The creation or existence of a sub-committee, a working group or any other body shall not prevent either Party from bringing any matter directly to the Joint

str. 393Committee. 4. The Joint Committee may decide to change or undertake the task assigned to a subcommittee, a working group or any other body; or may dissolve a sub-committee, a working group or any other body.

Article 18.3 Evolving WTO Law

str. 393If any provision of the WTO Agreement that the Parties have incorporated into this Agreement is amended, the Parties shall consult with each other, via the Joint Committee, with a view to finding a mutually satisfactory solution, where necessary. As a result of such a review, the Parties may, by decision in the Joint Committee, modify this Agreement accordingly.

Article 18.4 Decision-making

str. 3931. The Joint Committee shall, for the purpose of attaining the objectives of this Agreement, have the power to take decisions in respect of all matters in the cases provided by this Agreement, without prejudice to the Parties' respective applicable legal requirements and procedures. 2. The decisions taken shall be binding on the Parties, which shall take the necessary measures to implement the decisions taken in accordance with their respective applicable legal requirements and procedures. The Joint Committee may also make appropriate recommendations. 3. The Joint Committee shall draw up its decisions and recommendations by agreement between the Parties.

Article 18.5 Taxation

str. 3931. Except as otherwise provided, nothing in this Agreement shall apply to taxation

Article 18.6 Restrictions to Safeguard the Balance-of-Payments

str. 3941. Where a Party is in serious balance-of-payments and external financial difficulties, or under threat thereof, it may adopt or maintain restrictive measures with regard to trade

in goods, cross border trade in services and investments, and on payments and transfers related to cross border trade in services and investments. 2. The Parties shall endeavour to avoid the application of the restrictive measures referred to in paragraph 1. Any restrictive measures adopted or maintained under this Article shall be non-discriminatory, avoid unnecessary damage to the commercial, economic, and financial interests of the other Party, be temporary and be phased out progressively as the situation specified in paragraph 1 improves, and not go beyond what is necessary to remedy the balance-of-payments and external financial situation. They shall also be in accordance with the conditions established in the WTO Agreement and be consistent with the Articles of Agreement of the International Monetary Fund , as applicable. 3. Any Party maintaining or having adopted restrictive measures, or any changes thereto, shall promptly notify the other Party of them. 4. Where the restrictive measures referred to in paragraph 1 are adopted or maintained, consultations shall be held promptly by the Joint Committee. Such consultations shall assess the balance-of-payments situation of the Party concerned and the restrictive measures adopted or maintained under this Article, taking into account, inter alia , factors such as:

str. 3964. (a) the nature and extent of the balance-of-payments and external financial difficulties;
5. (b) the external economic and trading environment; or
6. (c) alternative corrective measures which may be available. The consultations shall address the compliance of any restrictive measures with paragraphs 1 and 2. All findings of statistical and other facts presented by the IMF relating to foreign exchange, monetary reserves and balance-of-payments shall be accepted, and conclusions shall be based on the assessment by the IMF of the balance-of-payments and external financial situation of the Party concerned.

Article 18.7 General Exceptions

str. 3961. Article XX of the GATT 1994 and its interpretive notes are incorporated into and made part of this Agreement, mutatis mutandis , for the purposes of:
2. (a) Chapter 2 (National Treatment and Market Access for Goods), Protocol 1 (Concerning the Definition of the Concept of 'Originating Products' and Methods of Administrative Co-operation), Chapter 3 (Trade Remedies), Chapter 4 (Sanitary and Phytosanitary Measures), Chapter 5 (Technical Barriers to Trade), Chapter 6 (Customs and Trade Facilitation); and

- (b) Chapter 9 (Electronic Commerce), Chapter 10 (Financial Services) and Chapter 11 (Temporary Movement of Natural Persons), except to the extent that a provision of these Chapters applies to services or investment. The Parties understand that the measures referred to in Article XX(b) of the GATT 1994 include environmental measures necessary to protect human, animal, or plant life or health, and that Article XX(g) of the GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources. 2. Article XIV of the GATS (including its footnotes) is incorporated into and made part of this Agreement, mutatis mutandis , for the purposes of:
2. (a) Chapter 7 (Cross Border Trade in Services), Chapter 8 (Telecommunications) and Chapter 10 (Financial Services); and
3. (b) Chapter 9 (Electronic Commerce) and Chapter 11 (Temporary Movement of Natural Persons), to the extent that a provision of these Chapters applies to services. The Parties understand that the measures

str. 398referred to in Article XIV (b) of the GATS include environmental measures necessary to protect human, animal, or plant life or health.

Article 18.8 Security Exceptions

str. 398- (a) to require a Party to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests; or
- (b) to preclude a Party from applying measures that it considers necessary for the fulfilment of its obligations with respect to the maintenance or restoration of international peace or security, or the protection of its own essential security interests.

Article 18.9 Disclosure of Information

str. 3981. Nothing in this Agreement shall be construed to require a Party to make available confidential information, the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice the legitimate commercial interests of particular enterprises, public or private. 2.

str. 399Unless otherwise provided in this Agreement, where a Party provides information to the other Party (or to the Joint Committee, sub-committees, working groups or any other bodies) in accordance with this Agreement and designates the information as confidential, the Party (or the Joint Committee, sub-committees, working groups or any

other bodies) receiving the information shall maintain the confidentiality of the information, use it only for the purposes specified by the Party providing the information, and not disclose it without specific written permission of the Party providing the information except to the extent that it may be required to be disclosed in the context of judicial proceedings. Where the confidential information is required to be disclosed in the context of judicial proceedings, the Party who had received the information shall inform the Party that had provided the information of any such requirement to disclose as soon as possible and in any event prior to making the disclosure.

Article 18.10 Amendments

str. 3991. The Parties may agree, in writing, to amend this Agreement. 2. Amendments to this Agreement shall be approved by the Parties in accordance with their respective legal procedures, and amendments shall enter into force on the first day of the second month following the date on which the Parties exchange written notifications certifying that they have completed their respective applicable legal requirements and procedures, or on a date to be agreed upon by the Parties.

Article 18.11 Entry into Force

str. 4001. This Agreement shall be approved by the Parties in accordance with their respective legal procedures. 2. This Agreement shall enter into force on the first day of the second month following the date on which the Parties exchange written notifications certifying that they have completed their respective applicable legal requirements and procedures for the entry into force of this Agreement. The Parties may by agreement fix another date.

Article 18.12 Duration

str. 4001. This Agreement shall be valid indefinitely. 2. Either Party may notify in writing the other Party of its intention to terminate this Agreement. 3. This Agreement shall be terminated six months after the notification under paragraph 2. This is without prejudice to specific provisions in this Agreement which qualify the effect of the termination, namely, Article 12.25 (Savings Clause) of Chapter 12 (Investment). 4.

str. 401Within 30 days of delivery of a notification under paragraph 2, either Party may request consultations regarding whether the termination of any provision of this Agreement

should take effect at a later date than provided under paragraph 2. Such consultations shall commence within 30 days of a Party's delivery of such request.

Article 18.13 Annexes, Appendices, Joint Declarations and Protocols

str. 401The Annexes, Appendices, Joint Declarations and Protocols to this Agreement shall form an integral part thereof.

Article 18.14 Relations with Other Agreements

str. 4011. The Parties affirm their existing rights and obligations with respect to each other under existing bilateral and multilateral agreements to which both Parties are party, including the WTO Agreement. 2. In the event of any inconsistency between this Agreement and other agreements to which both Parties are party, the Parties shall immediately consult each other with a view to finding a mutually satisfactory solution, taking into consideration general principles of international law. 3.

str. 402Notwithstanding paragraph 2, if this Agreement explicitly contains provisions dealing with such inconsistency as indicated in paragraph 2, those provisions shall apply. 4. For the purposes of this Agreement, any reference to articles in the GATT 1994 or the GATS includes the interpretative notes, where applicable.

Article 18.15 Territorial Application

str. 402This Agreement shall apply:

- (a) with respect to Turkey, to its territory as defined in Article 1.3 (Definitions of General Application); and
- (b) with respect to Singapore, to its territory as defined in Article 1.3 (Definitions of General Application).

Article 18.16 Contact Points

str. 4021. For the purposes of this Agreement, all communications or notifications to or by a Party shall be made through its contact point. 2. For the purposes of this Article, the contact points of the Parties are:

- (a) for Turkey, Director General of EU Affairs, Ministry of Economy, or its successor; and
- (b) for Singapore, the Director of Emerging Markets Division, Ministry of Trade and Industry, or its successor. 3. Each Party shall notify the other Party of any changes in its contact point in due time.

Article 18.17 Authentic

str. 403Texts

This Agreement is drawn up in duplicate in the English and Turkish languages, each of these texts being equally authentic. In case of dispute, the English text shall prevail. IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this Agreement. DONE at Antalya, in two originals, this fourteenth day of November, 2015. For the Government of For the Government of the Republic

of Singapore:

the Republic of Turkey:

HENG Swee Keat

Nihat ZEYBEKC İ

Minister for Finance

Minister of Economy

TABLE OF CONTENTS

SECTION 2

Definition of the Concept of 'Originating Products'

SECTION 3

Territorial Requirements

str. 404Article 12 Principle of Territoriality Article 13 Non Alteration Article 14 Exhibitions

SECTION 4

Origin Declaration

str. 404Article 15 General Requirements Article 16 Conditions for Making Out an Origin Declaration Article 17 Validity of Origin Declaration Article 18 Submission of Origin Declaration Article 19 Importation by Instalments Article 20 Exemptions from Origin Declaration Article 21 Supporting Documents Article 22 Preservation of Origin Declaration and Supporting Documents Article 23 Discrepancies and Formal Errors Article 24 Amounts Expressed in Euro

Arrangements for Administrative Cooperation

str. 405Article 25 Cooperation between Competent Authorities Article 26 Verification of Origin Declarations Article 27 Third Party Invoice Article 28 Settlement of Disputes Article 29 Penalties

SECTION 6

Final Provisions

str. 405Article 30 Confidentiality Article 31 Amendments to this Protocol Article 32 Transitional Provisions for Goods in Transit or Storage Article 33 Review and Appeal

List of Annexes