ANNEX IV. Headnote. For greater certainty, Article 12.6 refers to non-discriminatory measures.

Transcription

1 ANNEX IV Headnote 1. Where appropriate, non-conforming measures are referenced to the Provisional Central Product Classification (CPC) as set out in Statistical Office of the United Nations Statistical Papers, Series M, No. 77, Provisional Central Product Classification, 1991 (UN CPC code) and on the basis of the Services Sectoral Classification List WTO document MTN.GNS/W/ The Schedule of a Party sets out, pursuant to Article 12.8(2) (Non-Conforming Measures), the specific sectors, sub-sectors, or activities for which that Party may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by: (a) Article 12.4 (National Treatment); (b) Article 12.5 (Most-Favoured-Nation Treatment); (c) Article 12.6 (Market Access); or (d) Article 12.7 (Local Presence). For greater certainty, Article 12.6 refers to non-discriminatory measures. 3. Local Presence and National Treatment are separate disciplines and a measure that is only inconsistent with Local Presence need not be reserved against National Treatment. 4. Each entry in a Party s Schedule sets out the following elements: (a) (b) (c) (d) Sector refers to the sector in which the entry is made; Industry Classification refers, for the purpose of clarity, and where applicable, to the activity covered by the entry according to the CPC code; Obligations Concerned specifies the obligation(s) referred to in Paragraph 2; sets out the nature and/or scope of the non-conforming measures in the sectors, sub-sectors or activities covered by the entry; and IV-HEADNOTE-1

2 (e) Existing measures are included for transparency purposes. The measures stipulated therein are not exhaustive. 5. Where the title cross-border services is used in the description element, the entry shall be read to apply to the cross border mode, the consumption abroad mode, and the presence of natural persons mode for supply of services. 6. Where the title investment is used in the description element, the entry shall be read to apply only to the commercial presence mode for supply of services. 7. Any aspects of such an entry which relate to investment in goods only, are retained solely for transparency purposes. 8. In accordance with Article 12.8(2) (Non-Conforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the sectors, sub-sectors, and activities identified in the element of that entry. 9. Where an inconsistency arises in relation to the interpretation of an entry, the element of the entry shall prevail to the extent of the inconsistency. IV-HEADNOTE-2

3 Annex IV Schedule of Chile Sector All Sectors Industry Classification Obligations Concerned National Treatment (Article 12.4) : Investment Chile reserves the right to adopt or maintain any measure relating to the ownership or control of land within five kilometres of the coastline that is used for agricultural activities. Such measures could include a requirement that the majority of each class of stock of a Chilean juridical person that seeks to own or control such land be held by Chilean persons or by persons residing in Chile for 183 days or more per year. IV-CL-1

4 All Sectors Industry Classification Obligations Concerned National Treatment (Article 12.4) Investment In the transfer or disposal of any interest in stock or asset held in an existing state enterprise or governmental entity, Chile reserves the right to prohibit or impose limitations on the ownership of said interest or asset and on the right of foreign investors or their investments to control any State company created thereby or investments made by the same. In connection with any such transfer or disposal, Chile may adopt or maintain any measure related to the nationality of senior management and members of the bard of directors. A State company shall mean any company owned or controlled by Chile by means of an interest share in the ownership thereof, and it shall include any company created after the effective date of this Agreement for the sole purpose of selling or disposing of its interest share in the capital or assets of an existing state enterprise or governmental entity. IV-CL-2

5 All Sectors Industry Classification Obligations Concerned Most-Favoured-Nation Treatment (Article 12.5) Chile reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement. Chile reserves the right to adopt or maintain any measure that accords differential treatment to countries under any international agreement in force or signed after the date of entry into force of this Agreement involving: (a) (b) (c) aviation; fisheries; or maritime matters, including salvage. IV-CL-3

6 Communications One-way satellite broadcasting of digital telecommunication services, whether these involve direct home television broadcasting, direct broadcasting of television services, or direct audio broadcasting, and supplementary telecommunication services. Industry Classification Obligations Concerned National Treatment (Article 12.4) Most-Favoured-Nation Treatment (Article 12.5) Chile reserves the right to adopt or maintain any measure related to investments of investors of another Party or cross border trade in services in one-way satellite broadcasting of digital telecommunication services, whether these involve direct home television broadcasting, direct broadcasting of television services, or direct audio broadcasting, and supplementary telecommunication services. Existing Measures Ley , Diario Oficial, octubre 2, 1982, Ley General de Telecomunicaciones IV-CL-4

7 Issues Involving Minorities Industry Classification Obligations Concerned National Treatment (Article 12.4) Most-Favoured-Nation Treatment (Article 12.5) Chile reserves the right to adopt or maintain any measure according rights or preferences to socially or economically disadvantaged minorities. IV-CL-5

8 Issues Involving Indigenous Peoples Industry Classification Obligations Concerned National Treatment (Article 12.4) Most-Favoured-Nation Treatment (Article 12.5) Chile reserves the right to adopt or maintain any measure denying investors of another Party and their investments or service providers of another Party any rights or preferences provided to indigenous peoples. IV-CL-6

9 Education Industry Classification CPC 92 Education services Obligations Concerned National Treatment (Article 12.4) Most-Favoured-Nation Treatment (Article 12.5) Cross Border Services Chile reserves the right to adopt or maintain any measure relating to natural persons who render educational services, including teachers and auxiliary personnel rendering educational services in elementary education, kindergarten, pre-school, special education, primary and high school education, professional, technical, and university education, including educational establishments of any kind as well as sponsors of educational establishments, schools, lyceums, academies, training centres, professional and technical institutes, and/or universities. This reservation does not apply to the provision of services related to second-language training, corporate, business, and industrial training and skill upgrading, which includes consulting services relating to technical support, advice, curriculum, and program development in education. IV-CL-7

10 Government finances Industry Classification Obligations Concerned : National Treatment (Article 12.4) Investment Chile reserves the right to adopt or maintain any measure related to the acquisition, sale, or disposal by Brunei Darussalam, New Zealand or Singapore nationals of bonds, treasury securities, or any other type of debt instruments issued by the Central Bank or the Government of Chile. IV-CL-8

11 Fisheries Fishing-Related Activities Industry Classification CPC 882 CPC 04 Services incidental to fishing Fish and other fishing products Obligations Concerned National Treatment (Article 12.4) Most-Favoured-Nation Treatment (Article 12.5) Chile retains the right to control the activities of foreign fishing, including fish landing, first landing of fish processed at sea, and access to Chilean ports (port privileges). Chile reserves the right to control the use of beaches, land adjacent to beaches (terrenos de playas), water-columns (porciones de agua), and sea-bed lots (fondos marinos) for the issuance of maritime concessions. For greater certainty, maritime concessions does not include aquaculture. Existing Measures Decreto Ley 2.222, Diario Oficial, mayo 31, 1978, Ley de Navegación Decreto con Fuerza de Ley 340, Diario Oficial, abril 6, 1960, sobre Concesiones Marítimas Decreto Supremo 660, Diario Oficial, noviembre 28, 1988, Reglamento de Concesiones Marítimas IV-CL-9

12 Cultural Industries Industry Classification Obligations Concerned Most-Favoured-Nation Treatment (Article 12.5) Chile reserves the right to adopt or maintain any measure that accords differential treatment to countries under any existing or future bilateral or multilateral international agreement with respect to cultural industries, such as audiovisual cooperation agreements. For greater certainty, government supported subsidy programs for the promotion of cultural activities are not subject to the limitations or obligations of this Agreement. Cultural industries means persons engaged in any of the following activities: (a) Publication, distribution, or sale of books, magazines, periodical publications, or printed or electronic newspapers, excluding the printing and typesetting of any of the foregoing; (b) Production, distribution, sale, or display of recordings of movies or videos; (c) Production, distribution, sale, or display of music recordings in audio or video format; (d) Production, distribution, or sale of printed music scores or scores readable by machines; or (e) Radiobroadcasts aimed at the public in general, as well as all radio, television and cable televisionrelated activities, satellite programming services, and broadcasting networks. IV-CL-10

13 Social Services Industry Classification CPC 913 Compulsory social security services CPC 92 Education services CPC 93 Health and social services Obligations Concerned National Treatment (Article 12.4) Most-Favoured-Nation Treatment (Article 12.5) Chile reserves the right to adopt or maintain any measure with respect to the provision of public law enforcement and correctional services, and the following services to the extent that they are social services established or maintained for reasons of public interest: income security or insurance, social security or insurance, social welfare, public education, public training, health care, and child care. IV-CL-11

14 Environmental Services Industry Classification CPC 94 Sewage and refuse disposal, sanitation and other environmental protection services Obligations Concerned National Treatment (Article 12.4) Most-Favoured-Nation Treatment (Article 12.5) Cross Border Services Chile reserves the right to adopt or maintain any measure imposing the requirement that the production and distribution of drinking water, the collection and disposal of waste water, and sanitation services, such as sewage systems, waste disposal, and waste water treatment may only be provided by juridical persons incorporated under Chilean law or created in accordance with the requirements established by Chilean law. This reservation shall not apply to consultancy services retained by said juridical persons. IV-CL-12

15 Construction Services Industry Classification CPC 51 Construction work CPC 52 Constructions CPC 8672 Engineering services Obligations Concerned National Treatment (Article 12.4) Cross Border Services Chile reserves the right to adopt or maintain any measure with respect to the provision of construction services rendered by foreign juridical persons or legal entities imposing requirements of residence, registration, and/or any other form of local presence, or imposing the obligation of giving financial security for work as a condition for the provision of construction services. IV-CL-13

16 All Sectors Industry Classification Obligations Concerned Market Access (Article 12.6) Chile reserves the right to adopt or maintain any measure that is not inconsistent with the Chile s obligations under Article XVI of the General Agreement on Trade in Services. IV-CL-14

17 Schedule of New Zealand Sector All sectors Industry Classification Obligations concerned National Treatment (Article 12.4) Most-Favoured-Nation Treatment (Article 12.5) Market Access (Article 12.6) New Zealand reserves the right to adopt or maintain any measure with respect to: The provision of public law enforcement and correctional facilities; and the following, to the extent that they are social services established for a public purpose: o Child care; o Health; o Income security and insurance; o Public education; o Public housing; o Public training; o Public transport; o Public utilities; o Social security and insurance; and o Social welfare; IV-NZ-1

18 All sectors Industry Classification Obligations concerned National Treatment (Article 12.4) Market Access (Article 12.6) New Zealand reserves the right to adopt or maintain any measure with respect to water, including the allocation, collection and treatment and distribution of drinking water. This reservation does not apply to the wholesale trade and retail of bottled mineral, aerated and natural water. IV-NZ-2

19 All Sectors Industry Classification Obligations concerned National Treatment (Article 12.4) Most-Favoured-Nation Treatment (Article 12.5) Market Access (Article 12.6) New Zealand reserves the right to adopt and maintain the following measures solely as part of the act of devolving a service, that is provided in the exercise of governmental authority at the time the Agreement enters into force: Restricting the number of service suppliers; Allowing an enterprise, wholly or majority owned by the Government of New Zealand, to be the sole service supplier or one amongst a limited number of service suppliers; Imposing restrictions on the composition of senior management and boards of directors; Requiring local presence; and Specifying the juridical form of the service supplier(s). IV-NZ-3

20 All Sectors Industry Classification Obligations concerned National Treatment (Article 12.4) Most-Favoured-Nation Treatment (Article 12.5) Market Access (Article 12.6) Where New Zealand has devolved a service to an enterprise that it wholly-owns or over which it has effective control then New Zealand reserves the right to adopt or maintain any measures regarding the sale of any shares in that enterprise or any assets of that enterprise to any person, including according more favourable treatment to New Zealand nationals. IV-NZ-4

21 All Sectors Industry Classification - Obligations concerned Market Access (Article 12.6) New Zealand reserves the right to adopt or maintain any measure that is not inconsistent with New Zealand s obligations under Article XVI of the GATS. * * This means that the stipulation in Article 12.8(1)(c) (Non-Conforming Measures) not to decrease the conformity of the measure as it existed immediately before the amendment, does not apply with respect to the Market Access entries in New Zealand s Schedule to Annex III. IV-NZ-5

22 All Sectors Obligations concerned National Treatment (Article 12.4) Investment New Zealand reserves the right to adopt or maintain any measure that sets out the approval criteria to be applied to the categories of overseas investment that require approval under New Zealand s overseas investment regime. For transparency purposes those categories, as set out in Annex IIl, are: Acquisition or control of 25 percent or more of any class of shares or voting power in a New Zealand entity where either the consideration for the transfer or the value of the assets exceeds NZ$50 million; * commencement of business operations or acquisition of an existing business, including business assets, in New Zealand, where the total expenditures to be incurred in setting up or acquiring that business or those assets exceed NZ$50 million; acquisition or control, regardless of dollar value, of certain categories of land that are regarded as sensitive or require specific approval according to New Zealand s Overseas Investment legislation, and acquisition of any land wherever located worth more than NZ$10 million; acquisition, regardless of the dollar value, of 25 percent or more of any class * Proposed New Zealand legislation is being considered that would raise the NZ$50 million threshold to NZ$100 million. Proposed New Zealand legislation is being considered that would raise the NZ$50 million threshold to NZ$100 million. Proposed New Zealand legislation is being considered that would eliminate the NZ$10 million threshold. IV-NZ-6

23 of shares or voting power in a New Zealand entity that owns commercial fishing quota or annual catch entitlement, or the acquisition of commercial fishing quota or annual catch entitlement. Existing measures Overseas Investment Act 1973 Fisheries Act 1996 Overseas Investment Regulations 1996 IV-NZ-7

24 All sectors Obligations concerned Most-Favoured-Nation Treatment (Article 12.5) New Zealand reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement. For greater certainty, this includes, in respect of agreements on the liberalisation of trade in goods or services or investment, any measures taken as part of a wider process of economic integration or trade liberalisation between the parties to such agreements. New Zealand reserves the right to adopt or maintain any measure that accords differential treatment to countries under any international agreement in force or signed after the date of entry into force of this Agreement involving: Aviation; Fisheries; and Maritime matters. IV-NZ-8

25 All sectors Industry Classification Obligations concerned National Treatment (Article 12.4) Market Access (Article 12.5) New Zealand reserves the right to adopt or maintain any measure regarding the control, management or use of: Protected areas, including resources on land, interests in land or water, that are set up for heritage management purposes (both historic and natural heritage), public recreation, and scenery preservation; or Species owned under enactments by the Crown or that are protected by or under an enactment. Existing measures Conservation Act 1987 and the enactments listed in Schedule 1 of the Conservation Act 1987 Resource Management Act 1991 Local Government Act 1974 and subsequent amendments IV-NZ-9

26 Industry Classification All sectors This reservation applies to all sectors, except the following: 51 Construction Work 52 Constructions 53 Land 61 Sale, maintenance and repair services of motor vehicle; sales of related parts 75 post and telecommunication services 81 financial intermediation and auxiliary services 82 real estate services 83 leasing or rental services without operators 84 computer and related services 86** legal, accounting, auditing, book-keeping, taxation, market research, public opinion polling, management consulting, architectural, engineering and other technical services 87** business services not elsewhere classified 89 intangible assets 95 services of membership organisations 96** recreational, cultural and sporting services ** CPC 8676 (technical testing), CPC 876 (packaging), (circuses), (museums) and (botanical and zoological services) are subject to the reservation. Obligations concerned National Treatment (Article 12.4) Market Access (Article 12.6) New Zealand reserves the right to adopt or maintain any nationality or residency measures in relation to: animal welfare; and the preservation of plant, animal and human life and health; including in particular: IV-NZ-10

27 o food safety of domestic and exported foods; o animal feeds; o food standards; o biosecurity and o biodiversity; and o certification of the plant or animal health status of goods. Nothing in this reservation shall be construed to derogate from the obligations of Chapter 7 (Sanitary and Phytosanitary Measures), or the obligations of the SPS Agreement. Nothing in this reservation shall be construed to derogate from the obligations of Chapter 8 (Technical Barriers to Trade), or the obligations of the TBT Agreement. IV-NZ-11

28 All Sectors Industry Classification Obligations concerned National Treatment (Article 12.4) Market Access (Article 12.6) New Zealand reserves the right to maintain or adopt any measure made by or under an enactment in respect of the foreshore and seabed, internal waters as defined in international law (including the beds, subsoil and margins of such internal waters) territorial sea, the Exclusive Economic Zone; and for the issuance of maritime concessions in the continental shelf. Existing measures Resource Management Act 1991 Foreshore and Seabed Act 2004 Resource Management (Foreshore and Seabed) Amendment Act 2004 IV-NZ-12

29 Business Services Legal Services Industry Classification CPC 861 Obligations concerned National Treatment (Article 12.4) Market Access (Article 12.6) New Zealand reserves the right to adopt or maintain any measure with respect to the provision of publicly funded legal services. IV-NZ-13

30 Business Services Fire Services Industry Classification CPC 91260* fire fighting services *Public administrative, operational and supervision services for fire protection affairs as well as administrative and operational services for fire-fighting and fire prevention by regular and auxiliary fire brigades. Obligations concerned National Treatment (Article 12.4) Market access (Article 12.6) New Zealand reserves the right to adopt or maintain any measure with respect to the provision of fire fighting services, excluding aerial fire fighting services. IV-NZ-14

31 Business Services Research and Development Industry Classification CPC 8510 Research and experimental development services on physical sciences and engineering CPC 8520 Research and experimental development services on social sciences and humanities CPC 8530 Interdisciplinary research and experimental development services Obligations concerned National Treatment (Article 12.4) Most-Favoured-Nation Treatment (Article 12.5) Market Access (Article 12.6) New Zealand reserves the right to adopt or maintain any measure with respect to: Research and Development services carried out by State Funded tertiary institutions or by Crown Research Institutes when such research is conducted for a public purpose; Research and experimental development services on physical sciences, chemistry, biology, engineering and technology, agricultural sciences, medical, pharmaceutical and other natural sciences ie CPC For the avoidance of doubt, the reservation in respect of the Most-Favoured-Nation Treatment obligation does not apply to the entry on Research and Development services carried out by State Funded tertiary institutions or by Crown Research Institutes when such research is conducted for a public purpose. IV-NZ-15

32 Industry Classification Business Services Technical testing and analysis services CPC geological, geophysical and scientific prospecting CPC Composition and purity testing and analysis services CPC Technical inspection services CPC Other technical testing and analysis services Obligations concerned National Treatment (Article 12.4) Most-Favoured-Nation Treatment (Article 12.5) Market Access (Article 12.6) New Zealand reserves the right to adopt or maintain any measures in respect of: composition and purity testing and analysis services; technical inspection services; other technical and analysis services; and drug testing services. IV-NZ-16

33 Industry Classification Business Services Services related to fisheries and aquaculture Services related to stocks of fish and marine living resources; operational services related to aquaculture hatcheries or farms; and manufacturing services where these relate to fish or marine living resources processed at sea. Obligations concerned National Treatment (Article 12.4) Most-Favoured-Nation Treatment (Article 12.5) Market Access (Article 12.6) New Zealand reserves the right to control the activities of foreign fishing, including fishing landing, first landing of fish processed at sea, and access to New Zealand ports (port privileges) consistent with the provisions of the United Nations Convention on the Law of the Sea. Existing Measures For greater transparency, examples of existing measures contained in the Fisheries Act 1996 and the Aquaculture Reform Act 2005 include: No vessel owned or operated by an overseas person may be registered to carry out commercial fishing or fish carrying activities without the permission of the Minister of Fisheries, and subject to any conditions that he or she thinks fit to impose. Foreign fishing vessels or fish carriers are required to obtain the approval of the Minister of Fisheries before entering New Zealand internal waters. If the Minister of Fisheries is satisfied that the vessel has undermined international conservation and management measures he or she may deny the vessel approval to enter New Zealand internal waters. IV-NZ-17

34 Ministerial approval is required before any overseas person may be allocated, purchase or own any provisional catch history, quota, or annual catch entitlement. As set out in S.296B the Fisheries Act 1996, certain specified functions, duties or powers can only be transferred to approved service delivery organisations that comply with specified criteria. Foreign research vessels require the permission of the Minister of Fisheries to take fish, seaweed or aquatic life within the New Zealand Exclusive Economic Zone. IV-NZ-18

35 Business Services Energy Manufacturing Wholesale trade Retail Industry Classification Obligations concerned National Treatment (Article 12.4) Most-Favoured-Nation Treatment (Article 12.5) Market Access (Article 12.6) New Zealand reserves the right to adopt any measure in order to prohibit, regulate, manage or control the production, use, distribution or retail of nuclear energy, including setting conditions for natural persons or juridical persons to do so. IV-NZ-19

36 Business Services Immigration services Industry Classification Obligations concerned Most-Favoured-Nation Treatment (Article 12.5) Market Access (Article 12.6) New Zealand reserves the right to adopt any measures, with respect to licensing requirements and the enforcement of those requirements, including through information sharing, in respect of natural persons who provide immigration advice, to a person in regards to any immigration matter relating to New Zealand. For greater transparency, this entry only applies in respect of the Most-Favoured-Nation obligation to the extent that New Zealand enters into a reciprocal agreement about information sharing or enforcement of New Zealand s licensing requirements within the country with whom the agreement is made. This reservation does not apply to a national or permanent resident of another Party who is authorised to practice law in New Zealand. IV-NZ-20

37 Industry Classification Communication Services Postal CPC 7511 postal services Obligations concerned National Treatment (Article 12.4) Most-Favoured-Nation Treatment (Article 12.5) Market Access (Article 12.6) New Zealand reserves the right to adopt or maintain any measure with respect to the imposition of additional conditions for operation in the market or de-registration of postal operators where such operators engage in anti-competitive behaviour. IV-NZ-21

38 Communication Services Audio-visual and other Services Industry Classification CPC 9611 Motion picture and video production and distribution services CPC 9612 Motion picture services CPC 9613 Radio and television services CPC 7524 Programme transmission services CPC 753 Radio and television cable services Obligations concerned National Treatment (Article 12.4) Most-Favoured-Nation Treatment (Article 12.5) Market Access (Article 12.6) New Zealand reserves the right to adopt or maintain preferential co-production arrangements for film and televisions productions. Official co-production status, which may be granted to a co-production produced under these co-production arrangements, confers national treatment on works covered by these arrangements. Existing Measures For greater transparency, S.18 New Zealand Film Commission Act 1978 limits Commission funding to films with a significant New Zealand content. This criterion is deemed to be satisfied if made pursuant to a co-production agreement or arrangement with the partner country in question. IV-NZ-22

39 Communication Services Audio-visual and other Services Industry Classification Obligations concerned National Treatment (Article 12.4) Most-Favoured-Nation Treatment (Article 12.5) Market Access (Article 12.6) New Zealand reserves the right to adopt or maintain any measure made by or under any enactment with respect to the promotion of local content on public radio and public television. IV-NZ-23

40 Industry Classification Distribution Services Commission agents services Wholesale trade services CPC 221 Processed liquid milk and cream CPC 229 Other dairy products Obligations concerned National treatment (Article 12.4) Market access (Article 12.6) Investment New Zealand reserves the right to adopt or maintain any measures with respect to: the holding of shares in the co-operative dairy company arising from the amalgamation authorised by section 7(1)(a) of the Dairy Industry Restructuring Act 2001 (DIRA) (or any successor body); and the disposition of assets of that company or its successor bodies. Existing Measures Dairy Industry Restructuring Act 2001 and subsequent regulations. IV-NZ-24

41 Industry Classification Distribution Services Wholesale trade services CPC 62221** services relating to fruit and vegetables ** This reservation only applies to kiwifruit Obligations concerned National Treatment (Article 12.4) Market access (Article 12.6) New Zealand reserves the right to adopt or maintain any measures with respect to the export marketing of fresh kiwifruit to all markets other than Australia. Existing Measures The Kiwifruit Industry Restructuring Act 1999 and Regulations. IV-NZ-25

42 Distribution Services Wholesale trade and distribution services Industry Classification Obligations concerned National Treatment (Article 12.4) Market Access (Article 12.6) New Zealand reserves the right to adopt or maintain any measures with respect to: specifying the terms and conditions for the establishment and operation of any government endorsed allocation scheme for the rights to the distribution of export products falling within the HS categories covered by the WTO Agreement on Agriculture to markets where tariff quotas, country-specific preferences or other measures of similar effect are in force; and the allocation of distribution rights to wholesale trade service suppliers pursuant to the establishment or operation of such an allocation scheme. This reservation is not intended to have the effect of prohibiting all investment in the provision of wholesale trade and distribution services relating to goods in the HS chapters covered by the WTO Agreement on Agriculture. The entry applies in respect of investment to the extent that the services sectors specified in this reservation are a subset of agricultural products subject to tariff quotas, country-specific preferences or other measures of similar effect. IV-NZ-26

43 Distribution Services Commission agents services Wholesale trade services Industry Classification Obligations concerned National Treatment (Article 12.4) Market Access (Article 12.6) New Zealand reserves the right to maintain or adopt any measures necessary to give effect to the establishment or the implementation of mandatory marketing plans (also referred to as export marketing strategies ) for the export marketing of products derived from: agriculture beekeeping horticulture arboriculture arable farming; and the farming of animals where there is support within the relevant industry that a mandatory collective marketing plan should be adopted or activated. For the avoidance of doubt, mandatory marketing plans, in the context of this reservation exclude measures limiting the number of market participants or limiting the volume of exports. Existing Measures New Zealand Horticulture Export Authority Act 1987 IV-NZ-27

44 Education Services Industry Classification CPC 923 Higher education services CPC 924 Adult education services n.e.c. Obligations concerned National Treatment (Article 12.4) Market Access (Article 12.6) New Zealand reserves the right to adopt or maintain any measure with respect to the use of statutorily protected educational terms and titles. Existing Measures In the interests of greater transparency such terms include: university, college of education, polytechnic and "institute of technology as set out in S.292 and S.294 of the Education Act IV-NZ-28

45 Health and Social services Social services Industry Classification Obligations concerned National Treatment (Article 12.4) Most-Favoured-Nation Treatment (Article 12.5) Market Access (Article 12.6) New Zealand reserves the right to adopt or maintain any measure with respect to all modes for the supply of adoption services. IV-NZ-29

46 Health and Social services Health services Industry Classification CPC 9311 * Hospital services CPC 93191** Deliveries and related services, nursing services, physiotherapeutic and para- medical services * This is not intended to apply to services provided by nurses, physiotherapists and para-medical personnel in a hospital setting. ** This includes services such as supervision during pregnancy and child birth and the supervision of the mother after birth. Obligations concerned Most-Favoured-Nation Treatment (Article 12.5) Market Access (Article 12.6) New Zealand reserves the right to adopt or maintain any measure with respect to the following services to the extent that they are provided by the private sector: hospital services; snd maternity deliveries and related services, including services provided by midwives. IV-NZ-30

47 Industry Classification Recreation, cultural and sporting CPC Gambling and betting services CPC Other recreational services n.e.c. Obligations concerned National Treatment (Article 12.4) Market Access (Article 12.6) New Zealand reserves the right to adopt or maintain any measure with respect to gambling, betting and prostitution services. Existing Measures Gambling Act 2003 Gaming and Lotteries (Licensed Promoters) Regulations 1978 Gambling (Class 4 Net Proceeds) Regulations 2004 Gambling (Infringement Notices) Regulations 2004 Gambling (Harm Prevention and Minimisation) Regulations 2004 Gambling (Problem Gambling Levy) Regulations 2004 Prostitution Reform Act 2003 Racing Act 2003 IV-NZ-31

48 Industry Classification Recreation, cultural and sporting Library, archive, museum and other cultural services CPC Library services CPC Archives services CPC 9632 Museum services including the preservation services of historical sites and buildings. An indicative list of services or investment activities that would come within in the scope of cultural heritage of national value includes: ethnological, archaeological, historical, literary, artistic, scientific or technological heritage, as well as collections that are documented, preserved and exhibited by museums, galleries, libraries, archives and other heritage collecting institutions. Obligations concerned National Treatment (Article 12.4) Most-Favoured-Nation Treatment (Article 12.5) Market Access (Article 12.6) New Zealand reserves the right to adopt or maintain any measures in respect of: cultural heritage of national value; including ethnological, archaeological, historical, literary, artistic, scientific or technological heritage, as well as collections that are documented, preserved and exhibited by museums, galleries, libraries, archives and other heritage collecting institutions; Public archives; Library and museum services; and Services for the preservation of historical or sacred sites or historical buildings. IV-NZ-32

49 Industry Classification Transport Maritime Services Obligations concerned National Treatment (Article 12.4) Most-Favoured-Nation Treatment (Article 12.5) Market Access (Article 12.6) New Zealand reserves the right to adopt or maintain any measure with respect to: The carriage by sea of passengers and cargo between New Zealand ports where this traffic originates and terminates in New Zealand (maritime cabotage ). Provision of certain Port Services (pilotage, towing and tug assistance provisioning, fuelling and watering, garbage collecting and ballast waste disposal, port captains services, navigation aids, emergency repair facilities, anchorage, other shore-based operational services essential to ship operations, including communications, water and electrical supplies). However no measures shall be applied which deny international maritime transport suppliers reasonable and non-discriminatory access to the above port services. The establishment of registered companies for the purpose of operating a fleet under the New Zealand flag. The registration of vessels in New Zealand. The regulation and entry of ships crews to New Zealand through the presence of natural person mode of supply. IV-NZ-33

50 Schedule of Singapore Sector All Industry Classification Obligations Concerned Most-Favoured-Nation Treatment (Article 12.5) Cross-Border Services and Investment Singapore reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement. Singapore reserves the right to adopt or maintain any measure that accords differential treatment to countries under any international agreement in force or signed after the date of entry into force of this Agreement involving: (a) (b) (c) (d) (e) Air Services; Maritime and Port matters; Land Transport matters; Telecommunication Services matters; and E-commerce matters. IV-SG-1

51 All Industry Classification Obligations Concerned National Treatment (Article 12.4) Singapore reserves the right to maintain or adopt any measure affecting the supply of health services by government-owned or controlled healthcare institutions, such as hospitals and polyclinics, including investments in these institutions, hospitals and polyclinics. IV-SG-2

52 All Industry Classification Obligations Concerned National Treatment (Article 12.4) Singapore reserves the right to maintain or adopt any measure affecting the supply of social services, social security, public training, public law enforcement, ambulance services, correctional services and fire fighting services, except aerial fire fighting services. IV-SG-3

53 Urban and Land Planning and Development Industry Classification Obligations Concerned National Treatment (Article 12.4) Singapore reserves the right to maintain or adopt any measure affecting the type of activities which may be conducted on land or the usage of land, including but not limited to, its land zoning, land use and urban planning policies. IV-SG-4

54 All Industry Classification Obligations Concerned National Treatment (Article 12.4) Singapore reserves the right to maintain or adopt any measure affecting, the alienation and divestment of real estate owned by the State. Existing Measures State Lands Act, Cap. 314, 1996 Revised Edition IV-SG-5

55 All Industry Classification Obligations Concerned National Treatment (Article 12.4) Singapore reserves the right to maintain or adopt any measure affecting: a) the full or partial devolvement to the private sector of services provided in the exercise of governmental authority; b) the divestment of its equity interests in, and/or the assets of, an enterprise that is wholly owned by the Singapore government; and c) the divestment of its equity interests in, and/or the assets of, an enterprise that is partially owned by the Singapore government. IV-SG-6

56 Administration and operation of national electronic systems Industry Classification Obligations Concerned National Treatment (Article 12.4) Singapore reserves the right to maintain or adopt any measure affecting the administration and operation of any national electronic system which contains proprietary information of the government or information gathered pursuant to regulatory functions and powers. Such measures apply to existing national electronic systems like TradeNet and Marinet and any other national electronic systems that may be established in the future. IV-SG-7

57 Arms and explosives Industry Classification Obligations Concerned National Treatment (Article 12.4) Singapore reserves the right to maintain or adopt any measure affecting the arms and explosives sector. The manufacture, use, sale, storage, transport, importation, exportation and possession of arms and explosives are regulated for protection of vital security interests. Existing Measures Arms and Explosives Act, Cap. 13, Revised Edition 1985 IV-SG-8

58 Broadcasting, entertainment and cultural services Industry Classification Obligations Concerned National Treatment (Article 12.4) Singapore reserves the right to maintain or adopt any measure relating to: cultural heritage and other cultural industries, including entertainment services and other cultural services. Cultural heritage includes: ethnological, archaeological, historical, literary, artistic, scientific or technological moveable or built heritage, including the collections which are documented, preserved and exhibited by museums, galleries, libraries, archives and other heritage collecting institutions. broadcasting services, including measures relating to planning, licensing and spectrum allocation and management. Broadcasting services include services offered in Singapore, international services originating from Singapore and services receivable by Singapore s domestic audience. This reservation does not apply to the sole activity of transmitting licensed broadcasting services to a final consumer. Broadcasting services refers to the scheduling of a series of literary and artistic works by a content provider for aural and/or visual reception, and for which the content consumer has no choice over the scheduling of the series. IV-SG-9

59 Business Services Credit Reporting Services Industry Classification Obligations Concerned National Treatment (Article 12.4) Singapore reserves the right to adopt or maintain any measure affecting the supply of credit reporting services. IV-SG-10

60 Business Services Patent Agent Services Industry Classification Obligations Concerned National Treatment (Article 12.4) Singapore reserves the right to maintain or adopt any measure affecting the recognition of educational and professional qualifications for purposes such as admission, registration and qualification for patent agents. Existing Measures Patents Act, Cap. 221, 1995 Revised Edition IV-SG-11

61 Business Services Industry Classification CPC 82 Real Estate Services (does not apply to real estate consultancy services, real estate agency services, real estate auction services and real estate valuation services) Obligations Concerned National Treatment (Articles 12.4) Singapore reserves the right to maintain or adopt any measure affecting real estate services. This includes, but is not limited to, measures affecting the ownership, sale, purchase, development and management of real estate. This reservation does not apply to real estate consultancy services, real estate agency services, real estate auction services and real estate valuation services. Existing Measures Residential Property Act, Cap. 274, 1985 Revised Edition State Lands Act, Cap. 314, 1996 Revised Edition Housing and Development Act, Cap. 129, 1997 Revised Edition Jurong Town Corporation Act, Cap. 150, 1998 Revised Edition Executive Condominium Housing Scheme Act, Cap. 99A, 1997 Revised Edition IV-SG-12

62 Industry Classification Obligations Concerned Business services CPC Guard Services National Treatment (Articles 12.4) Singapore reserves the right to maintain or adopt any measure affecting the provision of armed escort, armoured car and armed guard services. Existing Measures Part IX of the Police Force ct, Cap. 235, 1985 Revised Edition. IV-SG-13

63 Business services Betting and Gambling Services Industry Classification Obligations Concerned National Treatment (Articles 12.4) Singapore reserves the right to maintain or adopt any measure affecting the supply of betting and gambling services. Existing Measures Betting Act, Cap. 21, 1985 Revised Edition Common Gaming Houses Act, Cap. 49, 1985 Revised Edition Private Lotteries Act Cap 250 IV-SG-14

64 Business - Professional Services (Legal Services) Industry Classification Obligations Concerned National Treatment (Articles 12.4) Singapore reserves the right to maintain or adopt any measure affecting the supply of legal services in Singapore. IV-SG-15

65 Community, Personal and Social Services Services furnished by co-operative societies Services furnished by trade unions Industry Classification CPC 952 Services furnished by trade unions Obligations Concerned National Treatment (Articles 12.4) Singapore reserves the right to maintain or adopt any measure affecting services provided by co-operative societies and trade unions. Existing Measures Co-operative Societies Act, Cap. 62, 1985 Revised Edition Trade Unions Act, Cap. 333, 1985 Revised Edition IV-SG-16

66 Defence Industry Classification Obligations Concerned National Treatment (Article 12.4) Investment Singapore reserves the right to adopt or maintain any measure in relation to the retention of a controlling interest by the Singapore Government in Singapore Technologies Engineering (the Company) and/or its successor body, including but not limited to controls over the appointment and termination of members of the Board of Directors, divestment of equity and dissolution of the Company for the purpose of safeguarding the security interest of Singapore. IV-SG-17

67 Distribution, publishing and printing of newspapers Newspapers means any physical publication containing news, intelligence, reports of occurrences, or any remarks, observations or comments relating thereto or to any matter of public interest, printed in any language and published for sale or free distribution at intervals not exceeding one week. Industry Classification Obligations Concerned National Treatment (Articles 12.4) Singapore reserves the right to maintain or adopt any measure affecting the publishing or printing of newspapers, including but not limited to, shareholding limits and management control. The distribution of any newspaper, whether published outside of Singapore or in Singapore, shall be subject to the laws of Singapore. Existing Measures Newspaper and Printing Presses Act, Cap Revised Edition IV-SG-18

68 Trade Services Distribution Services Commission Agents Services Wholesale Trade Services Retailing Services Franchising Industry Classification Obligations Concerned National Treatment (Articles 12.4) Singapore reserves the right to maintain or adopt any measure affecting the supply of any products subject to import prohibition or non-automatic import licensing. Singapore reserves the right to modify and/or increase the list of products stipulated in the laws, regulations and other measures governing Singapore s import prohibition or nonautomatic import licensing regime. IV-SG-19

69 Industry Classification Obligations Concerned Educational Services Primary Education Services Secondary Education Services CPC 921 Primary Education Services CPC General Secondary Education Services CPC Higher Secondary Education Services (only applies to Junior colleges and pre-university centres under the Singapore educational system) National Treatment (Articles 12.4) Singapore reserves the right to maintain or adopt any measure affecting the supply of primary, general secondary and higher secondary (only applies to junior colleges and pre-university centres under the Singapore educational system) education services for Singapore citizens, including Sport Education Services. Commitments on Market Access and National Treatment through any mode of supply shall not be construed to apply to the recognition of university degrees for the purposes of admission, registration and qualification for professional practice in Singapore. Existing Measures Education Act, Cap. 87, 1985 Revised Edition Administrative Guidelines IV-SG-20

70 Health and Social Services Services provided by health-related professionals Industrial Classification Obligations Concerned National Treatment (Articles 12.4) Singapore reserves the right to adopt or to maintain any measure in relation to the recognition of educational and professional qualifications for the purposes of admission, registration and qualification of health-related professionals, including but not limited to contact lens practitioners, dentists, doctors, pharmacists, nurses, midwives and traditional Chinese medicine practitioners. Existing Measures Contact Lens Practitioner Act, Cap. 53A, 1996 Revised Edition Dentists Act, Cap. 76, 2000 Revised Edition Medical Registration Act, Cap. 174, 1998 Revised Edition Nurses and Midwives Act, Cap. 209, 2000 Revised Edition Pharmacists Registration Act, Cap. 230, 1985 Revised Edition Traditional Chinese Medicine Practitioners Act, Cap. 333A, 2001 revised Edition IV-SG-21

71 Sewage and refuse disposal, sanitation and other environmental protection services Waste Water Management, including but not limited to collection, disposal and treatment of solid waste and waste water. Industry Classification CPC 9401 Sewerage Services Obligations Concerned National Treatment (Articles 12.4) Singapore reserves the right to maintain or adopt any measure affecting waste water management, including but not limited to the collection, treatment and disposal of waste water. Existing Measures Code of Practice on Sewerage and Sanitary Works Sewerage and Drainage Act, Cap. 294, 2001 Revised Edition IV-SG-22