[Australia]: Message to Singapore [SEC=SECRET]

Owen · Apr 26, 2024

PRIME MINISTER

SECURITY CLASSIFICATION: SECRET (ENCRYPTED)

26 April 2004

Dear Mr. Prime Minister,

Sorry for not getting to you early as yesterday was a public holiday in Australia, commemorating Anzac Day as I'm sure you're aware. One of the most courageous battles that Australian forces ever fought was in your country, during the Battle of Singapore. The majority of those who were killed in that battle were Australians and 18,000 or so were taken as prisoners of war, held at the notorious Changi Prison. Churchill described it as the worst failure in British military history, but he forgot who was really fighting that battle.

As for the relationship, Australia was the first country to establish diplomatic relations with Singapore. It can be regarded as one of the strongest bilateral relations each of our nations have. 60,000 Australians have Singaporean descent. Qantas regards Changi Airport as one of its focus city hubs with flights from Sydney, Melbourne, Brisbane, Perth, Adelaide and Darwin and many Europe-bound flights having their stopover there and Singapore Airlines flies to almost every capital city in Australia. The people-to-people links remain strong. Australia still continues to uphold its obligations under the Five Power Defence Arrangements and we recently were going to begin operations again in South East Asia under the auspices of Operation Gateway in support of Singapore and Malaysia's defence, but the recent breakdown in the relationship between Australia and Thailand has meant this has needed to be reassesed. Singapore has also historically used Australia's vast open space and world-class facilities to train their Armed Forces, given the limited space in Singapore. We wish to see this return. The trade and investment ties also run deep and we wish to continue formalising these.

Mr. Prime Minister, given all these wonderful things that make our relationship strong and the ways in which we can continue to build on that relationship I wish to propose that my first international visit as Prime Minister be to Singapore. Usually it is to New Zealand, but they are not active in global affairs at the moment. They also pass on their regards to your election, similarly enjoying a strong relationship with Singapore. I look forward to hearing from you.

Yours sincerely,
Julia Gillard.

Parliament House, CANBERRA, ACT 2600
Telephone: (02) 6277 7700

Protective Marking:	Business Impact Level:	Compromise of Information Confidentiality:
UNOFFICIAL	No Business Impact	No damage. This information does not form part of official duty.
OFFICIAL	Low Business Impact	No or insignificant damage. This is the majority of routine information.
OFFICIAL: Sensitive	Low to Medium Business Impact	Limited damage to an individual, organisation or government generally if compromised.
PROTECTED	High Business Impact	Damage to the national interest, organisations or individuals.
SECRET	Extreme Business Impact	Serious damage to the national interest, organisations or individuals.
TOP SECRET	Catastrophic Business Impact	Exceptionally grave damage to the national interest, organisations or individuals.

AsianSchnitzel

OneMaharlika · Apr 26, 2024

Security: Classified | ISD Protected (Internal Security Department)

To: Her Excellency, Prime Minister Julia Gilliard Owen

We welcome your warm greetings towards us, it is indeed a historic day for both our nation states as Singaporean and Australian bilateral relations will be positive as ever in these coming years.

We have never forgotten the sacrifices your people made to free Singapore from the shackles of tyranny of Imperial Japan during those horrifying years, as your people bled for us we have also bled as a people, and our bond transcends mere positive words and formalities, that is why we humbly accept your offer to further strengthen bilateral relations with us, and us to you, we are also excited to Host you, dear Prime Minister, so that you may once again see the wonders of our small yet powerful city state. Whenever the Prime Minister is ready, we also be preparing for your arrival, President Kuan Yue Shi will also await you arrival at the Istana, Singapore's Presidential palace wherein His Excellency shall discuss matters of state with the President, afterwards an evening wine and dine event with the top officials and representatives of our government shall take place within the same day.

We are thrilled to discuss more about the happenings of the world, we are keenly interested with Thailand and we would want to know Australia's take on our fellow ASEAN neighbor, and why is it a matter to be discussed in the first place, but these topics are only reserved between His Excellency and President Kuan. Overall we are excited to host another batch of Australian delegates, for this step is a step to further strengthen our already positive relations and to ensure a free, open, safe, and prosperous Indo-Pacific region.

With sincere regards,

His Excellency, Mr. Kuan Yue Shi
President of the Republic of Singapore

Owen · Apr 26, 2024

The last remaining RAAF Dassault Falcon 7X of No. 34 Squadron available would be prepared to take off from RAAF Base Fairbairn in Canberra bound for Singapore. The other two, taking the Minister for Foreign Affairs and Minister for Defence around to Korea and Spain. With the Prime Minister and also the Deputy Prime Minister being out of the country, Treasurer Wayne Swan would be made Acting Prime Minister by decree of the Governor-General. The Dassault Falcon 7X would take off and head for Singapore-Changi Airport, flying over Australian and Indonesian airspace.

The Prime Minister would be joined by 3 members of her protective detail from the Australian Federal Police. A number of advisors would also be onboard. The Ambassador of Australia to Singapore, Mr. Gary Quinlan, would be awaiting the Prime Minister's arrival at Changi. After 7 hours or so of flying they would touch down at Changi. The Prime Minister would look outside the window and would see the RTAF A340 sitting on the tarmac.

"WHAT THE FUCK ARE THEY DOING HERE?!" She would exclaim in her seat.

"Make sure we have no awkward crossovers, would you?" She would say to her personal assistant.

Once the aircraft was parked and the stairwell was attached, a RAAF officer would exit the aircraft and stand at the bottom of the stairs. The Prime Minister would walk out as he saluted her. Gary Quinlan would be awaiting the Prime Minister and would shake her hand.

"Madam Prime Minister, welcome to Singapore. Right this way please." He would direct her to a chaffeured vehicle on behalf of the Embassy. It would drive her to the Istana. She would look and notice it was the Istana.

"What are we doing here, Gary?" She would say to the Ambassador.

"The President insisted that he meet with you, I'm unsure what the Prime Minister's current status is. I'm sure we'd soon find out."

She would walk out of the car with the Ambassador and see the President.

"Your Excellency, what a wonderful pleasure to meet you." She would smile, shaking his hand.

AsianSchnitzel

OneMaharlika · Apr 27, 2024

As the for initial formalities have been done and done, the President would meet the delegation outside the palace and greet them thoroughly, "Yor Excellency, right this way, to my office shall we?" As he gestures to come inside the building, many reporters and journalists behind them scramble to take pictures of the two leaders.

Inside the building, both the President and the VIP's including the Prime Minister made their way to the Presidents office, although the Prime Minister will in the only one invited to a face to face meeting with the President.

"So, your Excellency, I know you are a busy woman, then I shall make it short but brief, and pardon my directness of course, shall we discuss the matters close to us, Trade, we would like economic opportunity between Australia and Singapore, lowering of tariffs would do us good, an easy access to your markets and ours would benefit both our peoples daily choice of goods. Investments, we would like for Australia to increase its investments towards us, so it would better our overall infrastructure capacity, and many other things, we leave in to your discretion, in return we can provide Australian companies in Singapore a special reduction of corporate tax, thus will eventually be more attractive to your other Australian companies that haven't tapped Singapore's market yet, and most of all defense agreements, we are willing to offer some of our bases to house Australian troops and equipment within our shores on a rotational basis, in return, we would also ask the same thing from Australia so that our troops will be able to train in different environments in Australia due to our small size. If there are other things in mind, please do inform me without hesitation."

"Lastly, we would like your take on the geopolitics of the region or the world according to your understanding, as you have might known, my government is quite late to the party"
Owen

Owen · Apr 28, 2024

"Oh no need to make it brief your excellency, I have flown all the way from Australia for this meeting. Granted, half the flying time is flying over Australia. Our relationship with Singapore is extremely important to us so these deliberations can take their time. My Deputy is also in South Korea at the moment, so I've had to make the Treasurer the Acting Prime Minister but I'm sure he can handle it.

Economic cooperation between Australia and Singapore is certainly the area of the highest strength in the relationship we see. Many Australians move to Singapore to pursue business opportunities, businessmen are constantly flying between our two nations to do deals and the likes. The Australian expat community in Singapore is strong enough there's even an Australian International School here teaching the Australian Curriculum. Many of our universities also have campuses in Singapore. I'm sure any agreement about investments and company tax can be included in a broader free trade agreement, which we are eager to sign with Singapore. Australia is pursuing a broader regional-based free trade agreement to include nations across the Pacific Rim but we can also start with and maintain a bilateral agreement.

You are going very fast excellency..." She would chuckle.

"Well we historically have hosted Singaporean Armed Forces training units in Australia, particularly helicopter squadrons, but also sometimes fixed-wing aircraft and land forces participating in exercises. We regard Australia as having one of the most comprehensive military training regimes in the world, with many facilities and units working on numerous areas of training, which a lot of countries do not actually have. Frankly, Australia should be your first port of call for training. It's isolated from much of the world, high-levels of security and your personnel will enjoy a first-world country which is similar to back home. Training environments range from desert to rainforests to urban environments to plains and temperate areas. Air, land and sea. I simply couldn't imagine anywhere better.

Australia has historically based forces in Singapore, up until 1977 under the ANZUK Force, I'm sure you would remember. (https://en.wikipedia.org/wiki/ANZUK). New Zealand continued to host forces well beyond that until 1989. If Australian forces returning to Singapore is something you are interested in, I'm sure we can see that happen. We may even see it happen under the ANZUK banner again, I'm sure the United Kingdom would be interested in that. Australian forces until recently were based in Malaysia at a RAAF base in Butterworth, near Penang. That agreement expired and we had to hand that base back to the Royal Malaysian Air Force. If we were going to station forces here, it would mainly be maritime patrol aircraft to contribute to the defence of the Malacca and Singapore Straits, similar to what they were doing in Butterworth. We also had a army training company based there to provide local training to the Malaysian Army, we could also reintroduce that to Singapore.

Well as for geopolitics, there hasn't been much happening in recent months. Thailand has always come up as someone involved in geopolitics in the region and globally. We see alliances forming around the United States/United Kingdom on one hand and Thailand on the other. Thailand's main allies include France. They have a weird relationship with Poland, we haven't quite figured it out, they've had clashes in the recent past but Thailand are adamant they are an ally. We think Poland might be moving closer to them though, as well as Russia. They also claim Sweden as one of their own, but we see that as highly doubtful and based on them conducting a joint operation with Sweden in South Africa several years ago. It's like a resume that includes employment you did when you were in high school. The US/UK main allies and friends include ourselves, The Netherlands, Korea, Canada and Sweden. I'm not here to dictate where Singapore should align, historically Singapore has found itself able to tow both lines and provide a neutral setting for many of the clashing geopolitical powers. We do not actually wish to see that change, but take everything Thailand says with a grain of salt. We did that, on the advice of the United States, and it paid off in our favour now that we have seen the relationship breakdown over a minor issue. Frankly, they like to blow things way out of proportion when minor inconveniences do occur so be prepared for that. Australia has always maintained the "grown up" position, keeping our embassy open and providing support to Thai Navy vessels in the Pacific. Oh well, what can you do?"

AsianSchnitzel

OneMaharlika · Apr 28, 2024

"Oh thank you for your heartfelt remarks, we are honored by your words, Singapore is indeed on of a kind, as you have put it yourself. We are glad that you have taken your time mentioning you were not in a hurry, as a busy person myself it was only protocol and an act of courtesy to be direct to the point."

"There are many points you have mentioned and I would like to tackle them all, forgive me for my casual demeanor, as you have expressed the same way towards me, it is quite refreshing indeed, I have gotten tired of thinking what I am going to say in a professional manner versus what I am going to say, lets just say to a friend, personally, a little break from formal settings is a great way for us to deepen our mutual understanding with each other especially when talking about bilateral relations. Well then, I believe we should start soon."

"In regards to your first point, Economic cooperation, I believe you are right, Singapore and Australia, given our close proximity to each other, strong economic investments and cooperation's between our two nations will help further strengthen our already mature economies, a free trade agreement is definitely on the table, I was also thinking a reduction in Singaporean export tariffs to Australia could somehow be added on that same page, I shall leave all the details to you to decide, but of course please don't hesitate to ask any help from our part as well. Moving forward, we would want Australian companies to consider Singapore one of their Investments hubs, and vice versa. We house a number of Australian based education Institutes for learning and we would want Australian students and teachers to come to Singapore for that same purpose, Perhaps a Visa Free agreement could be made in the future."

"Second. In regards to our armed forces, Indeed you are right on another point, Historically, Singaporean armed forces have been used to train with Australian operators in the past, and I wish for that partnership to be revitalized once again, by housing Australian forces and navy could help us keep the Malacca straight safe and open, other countries feel the same way you do, to keep the Indo-Pacific open for business, adding to that matter, a contingency of our operators in Australia could help train in different combat environment and scenarios, this shall provide my country's armed forces constant update on new military tactics and strategies from the western world as Australia have been one of the closest ally of the UK and US, so in other words I have no problem in hosting the Australian navy and military personnel in Singapore, and vice versa. Like you said, we are not obliged to pick any sides, therefore, I would expect little to no problems coming from this agreement, nor are we blind that there are currently no geopolitical cliques forming around the world."

"Third, In regards to your concerns about Thailand, I feel that Singapore is posed to provide mutual understanding and compromises to both coalitions, with at least 30 Percent of global trade passing through our corridor which we unilaterally control, we will be the center of geopolitical competition, I know full well the risks and importance of my country to the world at large."

Owen

Owen · Apr 28, 2024

"From what I understand, Australia already provides visa-free arrangements for Singapore passport holders (https://modernnations.com/threads/australia-department-of-home-affairs.28530/). Well rather, access to the Electronic Travel Authority. Australia has maintained a universal visa policy since 1994 meaning every non-citizen needs to be on some form of visa. Only New Zealand citizens are issued visas on arrival, but the ETA framework is there to provide citizens of.... respected countries.... the option to travel to Australia for up to 3 months per visit in a 12 month period through lodging a small application online and the issuing of a subclass 601 visa. They also have access to Transit Without A Visa. We only plan on maintaining New Zealand as having any special privileges in this case in order to allow us to maintain a database on who is in the country and who is in violation of their visa conditions.

If you wish to tentatively agree to a Free Trade Agreement, I can get the Trade Minister to write up an agreement and send it to you as quickly as possible and then he can fly here on his way back from China to sign the agreement. In terms of the forces. We can also write up a seperate agreement for military training and cooperation and get the Minister for Defence to sign this on his way back from Spain."

AsianSchnitzel

Owen · Apr 28, 2024

The Ambassador would pass the Prime Minister a drafted Status of Forces Agreement.

"Thank you Gary...

Your excellency I have in my hand a Status of Forces Agreement which will enable the stationing of Singaporean forces in Australia. It does not include provisions for the stationing of Australian forces in Singapore, we believe that should come in a more comprehensive defence arrangement as we see ourselves as a vital component of Singapore's defence stemming back decades to the Commonwealth era. For now, there's this."

Status of Forces Agreement between the Government of the Commonwealth of Australia and the Government of the Republic of Singapore

Ambassador
Australian Embassy
SINGAPORE
30 April 2004

President
The Istana
SINGAPORE

My Dear Excellency,

1. I have the honour to refer to the Meeting in Singapore on the 30 April 2004, to consider matters of common interest to the Government of Australia and the Government of Singapore to the external defence of Singapore. In accordance with the intentions expressed in the above mentioned meeting I now propose that the following arrangements shall apply between the Government of Australia and the Government of Singapore:

a. The Government of Australia shall afford to the Government of Singapore in respect of any:

(1) Singapore force that may be stationed or be present in Australia with the consent of the Government of Australia;

(2) civilian component of such size as may be agreed between the two governments to be necessary; and

(3) dependants of such a force, rights and facilities in accordance with the provisions of Annex I to this Note.

b. The provisions contained in Annex II to this Note shall apply to any:

(1) Singapore force that may be present in Australia with the consent of the Government of Australia;

(2) civilian component of such size as may be agreed between the two Governments to be necessary; and

(3) dependants of such a force.

c. The provisions contained in Annex III to this Note shall apply to:

(1) the settlement of claims against the Government of Singapore or the members or civilian employees of a Singapore force in respect of acts or omissions of those members or employees; and

(2) the settlement of claims against the Government of Australia or the members or civilian employees of an Australian force in respect of acts or omissions of those members or employees.

d. The Government of Singapore and the Government of Australia shall afford each other an adequate opportunity for comment upon any major administrative or legislative proposals which may affect the operation of the arrangements described in this Note or in its Annexes.

e. Representatives of the Singapore Service authorities or the Government of Singapore and representatives of the Australian authorities may after mutual consultations, make arrangements not inconsistent with this Exchange of Notes, concerning matters of administrative detail including financial arrangements being matters relating to the deployment of a Singapore force at:

(1) the RAAF Base at Williamtown in the State of New South Wales;

(2) the RAAF Base at Amberley in the State of Queensland;

(3) the area known as Shoalwater Bay Training Area in the State of Queensland;

(4) the Australian Naval Base known as HMAS Albatross in the State of New South Wales;

(5) the Australian Army Base known as Schwartz Barracks in the State of Queensland; and

(6) any other place in Australia, to be observed by those authorities.

f. The provisions of this Note shall, in the event of hostilities involving either Government be immediately reviewed by the Governments concerned who may agree to or arrange such modifications as they consider desirable regarding the application of the Note.

g. Either Government may terminate the arrangements contained in this Note or its Annexes by giving notice in writing to the other Government of its intention to do so at least 180 days prior to the termination date.

2. For the purposes of the arrangements described in this Note, or in its Annexes, the terms used therein shall, unless the context otherwise requires, have the following meanings respectively assigned to them:

a. "Australian force" means any body, contingent, or detachment of any naval, land or air forces of Australia when stationed in the territory of Singapore or when present there in connection with their official duties;

b. "installations" means the areas in Australia made available to the Government of Singapore for the purposes of this Note and includes the immovable property and structures situated thereon or built therein;

c. "Singapore force" means any body, contingent, or detachment of any naval, land or air forces of Singapore when stationed in the territory of Australia or when present there in connection with their official duties;

d. "Singapore Service authorities" means the authorities empowered by the law of Singapore to exercise command or jurisdiction over members of a Singapore force or civilian component or dependants;

e. "Australian authorities" means the authority or authorities from time to time authorized or designated by the Government of Australia or the Governments of Australia's political sub-divisions for the purpose of exercising the powers in relation to which the expression is used;

f. "civilian component" means the civilian personnel accompanying a Singapore force, who are employed in the service of a Singapore force, or by a department or authority of the Government of Singapore having functions relating to the armed forces or to defence matters, and who are not stateless persons, nor nationals of, nor ordinarily resident in, Australia;

g. "dependant" means a person not ordinarily resident in Australia who is the spouse of a member of a Singapore force or civilian component or who is wholly or mainly maintained or employed by any such member, or who is in his custody, charge or care, or who forms part of his family;

h. "official vehicles" means vehicles, including hired vehicles, which are exclusively in the service of a Singapore force or department or authority having functions relating to the armed forces or to defence matters;

i. the expression "of a Singapore force" used in relation to "vessels" or "aircraft" includes vessels and aircraft on charter for the service of a Singapore force;

j. "sending State" means the country or the government of the country to which the Visiting Force in question belongs;

k. "receiving State" means the country or the Government of the country in the territory of which a Visiting Force is located whether it be stationed there or in transit;

l. "third parties" does not include members of a Visiting Force or civilian component, or persons who are nationals of, and in the direct employment of the sending State; and

m. "Visiting Force" means:

(1) in relation to the Defence Force of Singapore, the personnel belonging to the land, sea or air armed forces of that country when present in Australia;

(2) in relation to the Defence Force of Australia, the personnel belonging the land, sea or air armed forces of that country when present in Singapore, provided that the two Government may agree that certain individuals, units or formations should not be regarded as constituting, or included, in a Visiting Force.

3. If the foregoing is acceptable to the Government of Singapore, I have the honour to propose that this Note and its Annexes together with your reply to that effect shall constitute an Agreement between the two Governments on this matter which shall enter into force on the date of your reply.

Yours sincerely,
G. QUINLAN,
Ambassador.

ANNEX I
RIGHTS AND FACILITIES

Section 1 - Installations

The Government of Australia shall permit a Singapore force to occupy such installations as are agreed by the Government of Australia upon such terms and conditions as may be agreed by the Government of Australia and the Government of Singapore.

Section 2 - Training

1. A Singapore force may use such defined land and sea areas, air space and facilities related thereto as may be agreed between the Government of Australia and the Government of Singapore for the purpose of training or exercises as may be agreed, and in accordance with Australian clearance procedures.

2. The Government of Singapore shall give the Government of Australia such prior notice of its intention to use any such areas or air space, or any related facilities, as may be agreed between the two Governments; and the Government of Australia shall take such measures as may be agreed between the two Governments to restrict civilian movement and activity in the areas or air space concerned during their use by a Singapore force, and generally to facilitate the carrying out of such training and exercises.

Section 3 - Movement of forces, vessels, aircraft and vehicles

1. The Government of Australia shall grant to a Singapore force, civilian component and dependants, and vessels, aircraft and vehicles of a Singapore force, freedom of entry to, egress from and movement between the installations by water, air and land. Singapore ships may visit Australian ports on reasonable notification or in accordance with such operating arrangements as may be agreed between the Singapore Service authorities and the Australian authorities.

2. The Government of Australia shall grant to a Singapore force, civilian component and dependants, and to vessels, aircraft and vehicles of Singapore force, freedom of entry to, egress from and movement in and over the territory and territorial waters of Australia. Aircraft movements shall be made in accordance with such laws and regulations of the Government of Australia for the control of aircraft and, the movement of vessels shall be in accordance with all port laws and regulations.

3. a. The Government of Singapore may in compliance with the port regulations or other applicable laws of Australia

pass explosives (including ammunition) through the ports of Australia and transport them to any place and move them to any extent reasonably necessary within Australia.

b. Notwithstanding the mutual waiver provided for in paragraphs 1 and 2 of Annex III, the Government of Singapore shall indemnify the port authorities and the Government of Australia against any legally enforceable claim presented against them by reason of the happening during the exercise of any rights aforesaid in breach of port by-laws or other laws in Australia in respect of the transport or storage of explosives or any explosion of such explosives.

c. The Government of Singapore shall pay compensation to the port authorities and to the Government of Australia for any damage to property of those authorities or of that Government, as the case may be, resulting from any explosion of such explosives during the exercise by the Government of Singapore of any of the rights aforesaid.

d. The indemnity or compensation in any case arising under sub-paragraph b. or c. of this paragraph shall be such a sum as is agreed between the Government of Singapore and the port authorities or the Government of Australia (as the case may be), after having taken into account all the circumstances of the case.

Section 4 - Control of aircraft, vessels and vehicles

1. The Government of Singapore may exercise such control over aircraft, vessels and vehicles entering, leaving and within installations as may be required for the efficient operation, safety and security of such installations, providing such control accords with existing laws and regulations of the Government of Australia.

2. The Government of Australia shall arrange for such control over aircraft, vessels and vehicles entering, leaving and within areas near the installations as is agreed between the Government of Australia and the Government of Singapore to be necessary to ensure the efficient operation, safety and security of such installations.

Section 5 - Local purchases

Subject to any wish expressed by the Government of Australia, the Government of Singapore and its contractors shall purchase locally goods and commodities which they require for the purposes of this Note if they are available at a suitable price and are of the standard required.

Section 6 - Employment of local civilians

Subject to any wish expressed by the Government of Australia, the Government of Singapore and its contractors shall employ such local labour as they may require, provided the labour is available and qualified to do the work. The Government of Singapore shall have regard to the laws of Australia in the employment of such labour, and in the pay and conditions thereof and in any event the pay and conditions applicable to the employment of such local labour shall not be less favourable than pay and conditions prescribed by Australian industrial laws.

Section 7 - Use of services and facilities

A Singapore force and all persons associated with its activities may use the public services and facilities owned, controlled or regulated by the Government of Australia or its instrumentalities. The terms of use, including charges, shall be no less favourable than those available to other users in like circumstances unless otherwise agreed.

Section 8 - Construction, development and maintenance of facilities

The Government of Singapore may with the agreement of the Government of Australia construct, develop and maintain such facilities as may be necessary for the purposes of this Note.

Section 9 - Generation and distribution of light and power

Within the installations, the Government of Singapore may with the agreement of the Australian authorities generate light and power for emergency use in such installations, and transmit and distribute such light and power by means of cables or in any other way whatsoever.

Section 10 - Postal and communications arrangements

1. A Singapore Force may in accordance with the arrangements between the two Governments control and operate in Australia facilities for communicating with and reporting to the authorities of Singapore.

2. A Singapore force may, at installations and facilities put at its disposal, establish and operate military post offices for the handling of official correspondence, documents, and non-official mail of authorized individuals between these and other post offices of Singapore. Detailed arrangements for the interchange of mails with or through the postal services of Australia shall be as mutually arranged.

3. The authorities of Australia shall not inspect official mail in the military postal channels of Singapore. Any inspection of non-official mail in such channels which may be required by the regulations of Australia shall be conducted by the authorities of Australia in accordance with procedures to be arranged between the appropriate authorities of both States.

4. Telecommunication facilities operated in pursuance of paragraph 1 of this section shall not be used for the transmission of non-official communications. Non-official communications shall be transmitted by the public telecommunications services of Australia at the charges applicable to the nationals of Australia for equivalent transmissions.

5. Arrangements made in pursuance of paragraph 1 of this section for the operation of telecommunications facilities shall include arrangements for Australia to approve the proposed route of any telecommunications cable to be laid in Australia and the proposed frequency and power of any wireless transmitter to be operated from Australia.

6. Facilities shall not be operated except in accordance with approved proposals. Where a facility operates otherwise than in accordance with approved proposals by reason of the malfunction of equipment, the Singapore Service authorities shall, at the request of the authorities or the receiving State, suspend the operation of the facility until the malfunction is corrected.

ANNEX II
STATUS OF FORCES

Section 1 - Criminal jurisdiction

1. Subject to the provisions of this section:

a. the Singapore Service authorities shall have the right to exercise within Australia all criminal and disciplinary jurisdiction conferred on them by the law of Singapore over members of a Singapore force or civilian component or dependants;

b. the Australian authorities shall have jurisdiction over the members of a Singapore force or civilian component or dependants with respect to offences committed within Australia and punishable by the law of Australia.

2. a. The Singapore Service authorities shall have the right to exercise exclusive jurisdiction over members of a

Singapore force or civilian component or dependants with respect to offences punishable by the law of Singapore, but not by the law of Australia.

b. The Australian authorities shall have the right to exercise exclusive jurisdiction over members of a Singapore force or civilian component or dependants with respect to offences punishable by the law of Australia but not by the law of Singapore.

3. In cases where the right to exercise jurisdiction is concurrent the following rules shall apply:

a. the Singapore Service authorities shall have the primary right to exercise jurisdiction over members of a Singapore force or civilian component or dependants in relation to:

(1) offences against the security of Singapore, offences solely against the property of that country or against the person or property of another member of a Singapore force or civilian component or of a dependant;

(2) offences arising out of any act or omission done in the performance of official duty;

b. in the case of any other offence, the Australian authorities shall have the primary right to exercise jurisdiction;

c. if the authorities having the primary right decide not to exercise jurisdiction, they shall notify the other authorities as soon as practicable. The authorities having the primary right of jurisdiction shall give sympathetic consideration to a request from the other authorities for a waiver of their right in cases where those other authorities consider such waiver to be of particular importance, or where suitable punishment can be applied by disciplinary action without recourse to a court.

4. The foregoing provisions of this section shall not confer any right on the Singapore Service authorities to exercise jurisdiction over persons who are nationals of or ordinarily resident in Australia unless they are members of a Singapore force or civilian component or dependants.

5. a. The Singapore Service authorities and the Australian authorities shall assist each other in arresting members of a

Singapore force or civilian component or dependants and handing them over to the authority which is to exercise jurisdiction in accordance with the above provisions. The Singapore Service authorities shall assist the Australian authorities in the arrest within the installations of other offenders against the laws of Australia.

b. The Australian authorities shall give prompt notification to the Singapore Service authorities of the arrest of any member of a Singapore force or civilian component or a dependant.

c. The custody of an accused member of a Singapore force or civilian component or a dependant over whom the Australian authorities are to exercise jurisdiction shall remain with the Singapore Service authorities until he is brought to trial by the Australian authorities.

6. a. The Singapore Service authorities and the Australian authorities shall assist each other in carrying out all

necessary investigations into offences and in the collection and production of evidence relating to an offence. For the purpose of this paragraph, members of the police forces of Australia may, by arrangement with the Singapore Service authorities, have reasonable access to the installations except to premises which are enclosed and under guard.

b. The Singapore Service authorities and the Australian authorities shall notify each other of the disposition of all cases in which there are concurrent rights to exercise jurisdiction.

7. The Singapore Service authorities shall not carry out a death sentence in Australia.

8. Where an accused has been tried in accordance with the provisions of this section by the Singapore Service authorities or the Australian authorities as the case may be, and has been acquitted, or has been convicted, he may not be tried again for the same offence by the Singapore Service authorities or the Australian authorities as the case may be. However, nothing in this paragraph shall prevent the Singapore Service authorities from trying a member of a Singapore force for any violation of rules of discipline arising from an act or omission which constituted an offence for which he was tried by the Australian authorities.

9. Whenever a member of a Singapore force or civilian component or a dependant is prosecuted under the jurisdiction of Australia he shall be entitled:

a. to a prompt and speedy trial;

b. to be informed in advance of trial of the specific charge or charges made against him;

c. to be confronted with the witnesses against him;

d. to have compulsory process for obtaining witnesses in his favour if they are within the jurisdiction of Australia;

e. to have legal representation of his own choice for his defence, or to apply to have free or assisted legal representation under the conditions prevailing for the time being in Australia;

f. to have the services of a competent interpreter; and

g. to communicate with a representative of his Government and, when the rules of the court permit, to have a representative of that Government present at his trial.

Section 2 - Security

1. The Singapore Service authorities in consultation with the Australian authorities may take such measures as they deem necessary to ensure the security of the installations and of the equipment, property, records and official information of a Singapore force.

2. The Australian authorities shall co-operate with the Singapore Service authorities in taking such steps as from time to time may be necessary to ensure the security of the installations of a Singapore force, its members, civilian component and dependants and their property.

3. The Government of Australia shall enact such legislation and take such other action as is necessary to ensure the adequate security within the territory of Australia of the installations and of the equipment, property, records and official information of a Singapore force, and the punishment of persons who contravene the laws of Australia relating thereto.

4. A Singapore force shall have the right to maintain Service police for the maintenance of discipline within the force and for the security of the installations which it occupies. Such Service police may, with the agreement of and in liaison with the Australian authorities, be employed outside the installations in so far as such employment may be necessary to maintain the security of such installations or discipline and order among the members of a Singapore force.

Section 3 - Carriage of arms

Members of a Singapore force or civilian component may with the agreement of the Australian authorities possess and carry arms on condition that they are authorized to do so by their orders. They may not however carry arms on regular public transport flights.

Section 4 - Exchange control

1. Members of a Singapore force or civilian component and dependants shall remain subject to the foreign exchange regulations of Singapore but as regards acts done in the territory of Australia shall also be subject to the exchange control regulations of Australia in force from time to time.

2. Remittances between Singapore and Australia shall be freely permitted in respect of:

a. funds derived by members of a Singapore force or civilian component from services or employment in connection with the purposes of this Note;

b. funds derived by members of a Singapore force or civilian component or dependants from sources outside Australia subject to the regulations of Singapore.

3. The preceding paragraphs shall not preclude the transmission into or outside Australia of foreign exchange instruments representing the official funds of a Singapore force.

4. This section shall not apply to persons ordinarily resident in Australia.

Section 5 - Import, export, taxation, etc

1. Save as provided expressly to the contrary in this Annex, members of a Singapore force or civilian component and dependants shall be subject to the laws and regulations administered by the customs and taxation authorities of Australia.

2. Official documents under official seal shall not be subject to customs inspection. The package shall be accompanied by a certificate which states that only official documents are enclosed. Samples of the official seals shall be lodged with the Customs authorities.

3. a. A Singapore force may import free of duty equipment, material, vehicles, provisions, supplies and other goods

for the official exclusive use of, but not for sale by, a Singapore force or civilian component.

b. A member of a Singapore force or civilian component or a dependant may import free of duty and sales tax, goods being personal effects, furniture and household goods (other than motor vehicles, cigarettes, cigars, tobacco and spirituous liquors):

(1) that are imported at the time of first arrival of the member to take up service in Australia or within six months thereafter or, in the case of a dependant, at the time of the first arrival of the dependant to join the member or within six months thereafter; and

(2) in respect of which the member or dependant lodges an undertaking with the Customs that the goods will not be sold, traded, exchanged, hired out, donated or otherwise disposed of in Australia within a period of two years immediately after the date of their importation, unless prior approval has been obtained and the duty which would have been otherwise payable on the goods on the date on which they were imported into Australia is paid unless the Customs authorities for special reasons, determine otherwise.

c. A member of a Singapore force or civilian component or a dependant may import into Australia free of duty and sales tax a motor vehicle in respect of which the member lodges with the Customs:

(1) where the vehicle was owned and used by the member during the period of 3 months immediately preceding his first departure for Australia - a security that the vehicle remains in the use, ownership and possession of that member or, with the permission of the Customs of another member during the period of two years immediately after the date of its importation; or

(2) where sub-para (1) is inapplicable - a general security or undertaking that the vehicle will not be sold, traded, exchanged, hired out, donated or otherwise disposed of in Australia and will be re-exported from Australia within 12 months from the date of its importation or within such further period as may be allowed by the Customs.

4. Items which have been imported free under paragraph 3. of this section:

a. may be re-exported freely, provided that a certificate is presented to the customs office; the customs authorities may verify that goods re-exported are as described in the certificate and have been imported under the conditions of paragraph 3.;

b. may not be transferred to another person without the approval of the Australian authorities;

c. may, if they are owned by a Singapore force be disposed of in Australia by public sale, auction, tender or private treaty, provided that:

(1) before doing so the Singapore Service authorities concerned shall first offer them for sale at a reasonable price having regard to their condition and other relevant circumstances to the Government of Australia unless the latter shall have indicated that it is not interested in their acquisition;

(2) in so disposing of stores or goods the Singapore Service authorities concerned shall be liable to pay any duties which would be payable on items so disposed of as if they were imported by a private individual into Australia at the date of such disposal.

5. The arrangements in paragraph 4.c. above shall cover only the sale or disposal of unforeseen surpluses or damaged items of official stores and equipment. Any such sale or disposal shall not be made in a manner or with such frequency as seriously to compete with or adversely affect legitimate trade or industry in the territory of Australia. The Government of Singapore or the Government of Australia, shall at the request of the other Government be ready at any time to enter into discussions for this purpose should it appear necessary to that other Government.

6. The Singapore Service authorities shall be allowed delivery of all fuel, oil and lubricants exclusively for use in official vehicles, aircraft and vessels of a Singapore force or civilian component or in the installations, free of all duties and taxes.

7. In paragraphs 3. to 6. of this section;

a. "duty" means customs duties and all other duties, taxes and ad valorem registration fees payable on importation and exportation as the case may be, except dues and taxes which are no more than charges for services rendered;

b. "importation" includes withdrawal from customs warehouses or continuous customs custody, provided that the goods concerned have not been grown, produced or manufactured in Australia.

8. The movement of vessels, vehicles or aircraft of a Singapore force in and over the territory and territorial waters of Australia shall be free from harbour charges and all dues, tolls or taxes, except charges for specific services rendered at the request of the Singapore Service authorities. The Government of Singapore shall make such contribution to the maintenance and operating costs of any airport in Australia as may be fair and reasonable having regard to the use made of that airport by aircraft operating in connection with the activities of Singapore. The amount of such contribution shall be the subject of arrangements between the two Governments.

9. Official vehicles, excluding vehicles hired in Australia, of a Singapore force or civilian component shall be exempt from any regulations relating to the registration of vehicles in Australia and from any tax payable in respect of the use of such vehicles on the roads of Australia. However, official vehicles shall carry distinctive number plates, issued by the Singapore Service authorities, which shall readily identify such vehicles.

10. The Australian authorities shall accept as valid, without a driving test or fee, the driving permit or licence issued by the Singapore Service authorities to a member of a Singapore force or civilian component for the purpose of driving official vehicles. For the purpose of driving other vehicles, including vehicles of the Defence Force of Australia a driving permit or licence issued by the Australian authorities shall be obtained.

11. The Government of Australia shall exempt from tax the official emoluments paid from Singapore Government funds to members of a Singapore force or civilian component whilst in Australia in respect of their offices under the Government of Singapore, if such emoluments are subject to an income tax in Singapore, provided that nothing herein contained shall prejudice any claims for exemption or relief from taxation under arrangements between the two Governments for the avoidance of double taxation.

12. Personal property which is situated in Australia solely because a member of a Singapore force or of the civilian component or a dependant is in Australia shall, in respect of the holding by transfer by reason of the death of or transfer to or by such a member or dependant, be exempt from taxation under the laws of the Commonwealth of Australia relating to estate and gift duty.

13. The last preceding paragraph shall apply only if the property concerned is subject to and is brought to tax under the laws of Singapore relating to estate or gift tax and shall not apply in relation to:

a. property held as, or for the purpose of, an investment;

b. intangible property registered and copyright subsisting in Australia;

c. property held in connection with the carrying on of any business in Australia.

14. Regulation military uniforms may be imported by a member of a Singapore force for his personal use free of import duties including sales tax.

15. The Singapore Service authorities shall take all possible measures and on request shall render all assistance within their power to the Australian authorities to prevent misuse of the privileges granted and to ensure proper discharge of the obligations imposed under this section and the immediately preceding section. In particular the Singapore Service authorities shall by appropriate administrative instructions bring their rights and obligations to the notice of all members of a Singapore force, civilian component and dependants.

16. This section shall not apply to persons ordinarily resident in Australia.

Section 6 - Entry and Exit

1. The Government of Australia shall facilitate the admission of members of a Singapore Force and of the civilian component and dependants into, and their departure from, Australia in connection with activities agreed upon by the two Governments. Subject to compliance with the formalities established by Australia relating to entry and departure, members of a Singapore force civilian component or dependants shall be exempt from visa and entry permit requirements on entering or leaving the territory of Australia.

2. The undermentioned documents only, which must be presented on demand, shall be required in respect of members of a Singapore force seeking to enter Australia on official duty:

a. personal identity card issued by the appropriate Singapore authority showing full name, date of birth, rank and number (if any), service and photograph;

b. individual or collective movement order issued by an appropriate Singapore authority and certifying to the status of the individual or group as a member or members of the Singapore force; and

c. such documents conforming to standards approved by the Singapore Ministry of Health as may be issued by the appropriate Singapore authorities in satisfaction of Australian health and quarantine regulations.

3. Members of the civilian component and dependants shall be required to be in possession of a valid national passport and a certificate by the appropriate Singapore authority that the holder is a member of the civilian component or a dependant. The certificate will serve in lieu of a visa when travel is undertaken under the authority of movement orders.

4. Members of a Singapore force and of the civilian component and dependants shall be exempt from Australian regulations on registration and control of aliens, but shall not be considered as acquiring any right to permanent residence or domicile in Australia.

5. If a person other than an Australian national admitted into Australia in accordance with this Agreement ceases while still in Australia to be a member of a Singapore force or of the civilian component or a dependant, the Government of Singapore shall, within the framework of and subject to relevant Singapore laws and regulations, take steps to effect the departure from Australia of that person within thirty days of his so ceasing to be such a member or dependant, unless with the approval of the Government of Australia other arrangements are made. Where the former member or dependant has not left Australia at the end of thirty days of his ceasing to be a member or dependant and no other arrangements have been approved by the Government of Australia, the Singapore Service authorities shall thereupon inform the Government of Australia, giving particulars as may be required. Similar notification shall be given to the Government of Australia concerning any members of a Singapore force who, after having been admitted into Australia, absent themselves for more than twenty-one days, otherwise than on approved leave.

6. If the Government of Australia has requested the removal from Australia of a member of a Singapore force or of the civilian component or a dependant admitted in accordance with this Agreement or has made a deportation order against a former member or dependant who has not formally been granted permanent residence in Australia, the Government of Singapore shall be responsible for the transportation from Australia of the person concerned, and, where applicable, his dependants without cost to the Government of Australia.

Section 7 - Uniforms

Members of a Singapore force may wear the uniform of that force while performing official duties in Australia.

Section 8 - Flags

Whenever the flag of Singapore is flown at premises occupied by a Singapore force the flag of Australia shall be flown on a separate and adjacent flagstaff.

Section 9 - Observance of laws

Consistently with agreements for the time being in force between Australia and Singapore members of a Singapore force and the civilian component and dependants shall conform to the laws of Australia including quarantine laws.

ANNEX III
SETTLEMENT OF CLAIMS

Section 1

1. Each Government waives all its claims against the other:

a. for damage (including loss of use) to property in the receiving State belonging to, hired or chartered by either of them and used by their defence forces if such damage:

(1) was caused by an act or omission of a member or an employee of the Defence Force of the other Government and arose out of and in the course of the performance of his official duty; or

(2) arose from the use of vehicles, vessels or aircraft belonging to, hired or chartered by the other Government and being used for the performance of official duties in the receiving State;

b. for maritime salvage where the vessel or cargo salvaged was owned by a Government and being used by its Defence Force for official purposes; and

c. for damages for injury or death suffered by a member of its Defence Force while such member was engaged in his official duties.

2. The two Governments shall consult on the settlement of claims by one against the other arising from damage caused in the ways set out in sub-paragraph (1)(a) of this section to other property belonging to, hired or chartered by either Government or a political sub-division thereof and located in the receiving State.

3. Claims arising out of acts or omissions of a member of a Visiting Force, the civilian component or of other servants or employees of a Visiting Force done in the performance of official duty or arising out of any other act, omission or occurrence for which the sending State is legally responsible, and causing damage in the territory of the receiving State to third parties, other than to either of the two Governments, shall, except when the two Governments otherwise arrange, be dealt with by the Government of the receiving State in accordance with the following provisions:

a. claims shall be filed, considered and settled or adjudicated in accordance with the laws of the receiving State with respect to claims arising from the activities of the Defence Force of the receiving State;

b. the Government of the receiving State may settle such claims, and payment of the amount agreed upon or determined by adjudication shall be made by the Government of the receiving State;

c. such payment, whether made pursuant to a settlement or to adjudication of the case by a competent authority of the receiving State or the final adjudication by such an authority denying payment shall be binding and conclusive discharge of the claim;

d. every claim paid by the Government of the receiving State shall be communicated to the appropriate authorities of the sending State together with full particulars and a proposed distribution in accordance with sub-paragraph 3.e. of this section. In default of a reply within two months the proposed distribution shall be regarded as accepted;

e. the cost incurred in satisfying claims pursuant to the preceding sub-paragraphs of this Clause shall be distributed between the two Governments as follows:

(1) subject to sub-paragraph (3) below, where the Government of the sending State alone is responsible for the damage the amount awarded or adjudged and the costs associated with the settling of the claim shall be distributed in the proportion of 25 per cent chargeable to the Government of the receiving State and 75 per cent chargeable to the Government of the sending State;

(2) where the two Governments are responsible for the damage or it is not possible to attribute responsibility for the damage specifically to either Government such amount shall be distributed equally between them;

(3) where a third party claim arises out of the use of official vehicles of the sending state, sub-paragraph e(1) above shall not apply and the costs associated with the settling of the claim shall be fully chargeable to the government of the sending state.

4. Every three months a statement of the sums paid by each Government shall be sent to the authorities of the other Government together with a request for reimbursement.

5. Paragraphs 3 and 6 of this section shall not apply to contractual claims.

6. A certificate issued by the designated authorities of the sending State that the claim arose out of any act or omission done in the performance of official duty shall be conclusive of that fact.

7. The authorities of the two Governments shall co-operate in the procurement of evidence for a fair hearing and disposal of claims under this section.

8. In the case of any private movable property which is subject to compulsory execution under the law of the receiving State and which is within an area in use by the Visiting Force or the civilian component, the authorities of the sending State shall, upon request, assist the appropriate authorities of the receiving State to take possession of such property.

9. The sending State shall not claim immunity from the jurisdiction of the courts of the receiving State for members of a Visiting Force, the civilian component or dependants in respect of the civil jurisdiction of the courts of the receiving State.

[Signed for the Commonwealth of Australia:]

X

Ambassador to Singapore

[Signed for the Republic of Singapore:]

X

President

AsianSchnitzel

OneMaharlika · Apr 28, 2024

Owen said:
Status of Forces Agreement between the Government of the Commonwealth of Australia and the Government of the Republic of Singapore
Ambassador
Australian Embassy
SINGAPORE
30 April 2004

President
The Istana
SINGAPORE
My Dear Excellency,

1. I have the honour to refer to the Meeting in Singapore on the 30 April 2004, to consider matters of common interest to the Government of Australia and the Government of Singapore to the external defence of Singapore. In accordance with the intentions expressed in the above mentioned meeting I now propose that the following arrangements shall apply between the Government of Australia and the Government of Singapore:

a. The Government of Australia shall afford to the Government of Singapore in respect of any:
(1) Singapore force that may be stationed or be present in Australia with the consent of the Government of Australia;
(2) civilian component of such size as may be agreed between the two governments to be necessary; and
(3) dependants of such a force, rights and facilities in accordance with the provisions of Annex I to this Note.

b. The provisions contained in Annex II to this Note shall apply to any:
(1) Singapore force that may be present in Australia with the consent of the Government of Australia;
(2) civilian component of such size as may be agreed between the two Governments to be necessary; and
(3) dependants of such a force.

c. The provisions contained in Annex III to this Note shall apply to:
(1) the settlement of claims against the Government of Singapore or the members or civilian employees of a Singapore force in respect of acts or omissions of those members or employees; and
(2) the settlement of claims against the Government of Australia or the members or civilian employees of an Australian force in respect of acts or omissions of those members or employees.

d. The Government of Singapore and the Government of Australia shall afford each other an adequate opportunity for comment upon any major administrative or legislative proposals which may affect the operation of the arrangements described in this Note or in its Annexes.

e. Representatives of the Singapore Service authorities or the Government of Singapore and representatives of the Australian authorities may after mutual consultations, make arrangements not inconsistent with this Exchange of Notes, concerning matters of administrative detail including financial arrangements being matters relating to the deployment of a Singapore force at:
(1) the RAAF Base at Williamtown in the State of New South Wales;
(2) the RAAF Base at Amberley in the State of Queensland;
(3) the area known as Shoalwater Bay Training Area in the State of Queensland;
(4) the Australian Naval Base known as HMAS Albatross in the State of New South Wales;
(5) the Australian Army Base known as Schwartz Barracks in the State of Queensland; and
(6) any other place in Australia, to be observed by those authorities.

f. The provisions of this Note shall, in the event of hostilities involving either Government be immediately reviewed by the Governments concerned who may agree to or arrange such modifications as they consider desirable regarding the application of the Note.

g. Either Government may terminate the arrangements contained in this Note or its Annexes by giving notice in writing to the other Government of its intention to do so at least 180 days prior to the termination date.

2. For the purposes of the arrangements described in this Note, or in its Annexes, the terms used therein shall, unless the context otherwise requires, have the following meanings respectively assigned to them:

a. "Australian force" means any body, contingent, or detachment of any naval, land or air forces of Australia when stationed in the territory of Singapore or when present there in connection with their official duties;

b. "installations" means the areas in Australia made available to the Government of Singapore for the purposes of this Note and includes the immovable property and structures situated thereon or built therein;

c. "Singapore force" means any body, contingent, or detachment of any naval, land or air forces of Singapore when stationed in the territory of Australia or when present there in connection with their official duties;

d. "Singapore Service authorities" means the authorities empowered by the law of Singapore to exercise command or jurisdiction over members of a Singapore force or civilian component or dependants;

e. "Australian authorities" means the authority or authorities from time to time authorized or designated by the Government of Australia or the Governments of Australia's political sub-divisions for the purpose of exercising the powers in relation to which the expression is used;

f. "civilian component" means the civilian personnel accompanying a Singapore force, who are employed in the service of a Singapore force, or by a department or authority of the Government of Singapore having functions relating to the armed forces or to defence matters, and who are not stateless persons, nor nationals of, nor ordinarily resident in, Australia;

g. "dependant" means a person not ordinarily resident in Australia who is the spouse of a member of a Singapore force or civilian component or who is wholly or mainly maintained or employed by any such member, or who is in his custody, charge or care, or who forms part of his family;

h. "official vehicles" means vehicles, including hired vehicles, which are exclusively in the service of a Singapore force or department or authority having functions relating to the armed forces or to defence matters;

i. the expression "of a Singapore force" used in relation to "vessels" or "aircraft" includes vessels and aircraft on charter for the service of a Singapore force;

j. "sending State" means the country or the government of the country to which the Visiting Force in question belongs;

k. "receiving State" means the country or the Government of the country in the territory of which a Visiting Force is located whether it be stationed there or in transit;

l. "third parties" does not include members of a Visiting Force or civilian component, or persons who are nationals of, and in the direct employment of the sending State; and

m. "Visiting Force" means:
(1) in relation to the Defence Force of Singapore, the personnel belonging to the land, sea or air armed forces of that country when present in Australia;
(2) in relation to the Defence Force of Australia, the personnel belonging the land, sea or air armed forces of that country when present in Singapore, provided that the two Government may agree that certain individuals, units or formations should not be regarded as constituting, or included, in a Visiting Force.
3. If the foregoing is acceptable to the Government of Singapore, I have the honour to propose that this Note and its Annexes together with your reply to that effect shall constitute an Agreement between the two Governments on this matter which shall enter into force on the date of your reply.

Yours sincerely,
G. QUINLAN,
Ambassador.

ANNEX I
RIGHTS AND FACILITIES
Section 1 - Installations
The Government of Australia shall permit a Singapore force to occupy such installations as are agreed by the Government of Australia upon such terms and conditions as may be agreed by the Government of Australia and the Government of Singapore.

Section 2 - Training
1. A Singapore force may use such defined land and sea areas, air space and facilities related thereto as may be agreed between the Government of Australia and the Government of Singapore for the purpose of training or exercises as may be agreed, and in accordance with Australian clearance procedures.

2. The Government of Singapore shall give the Government of Australia such prior notice of its intention to use any such areas or air space, or any related facilities, as may be agreed between the two Governments; and the Government of Australia shall take such measures as may be agreed between the two Governments to restrict civilian movement and activity in the areas or air space concerned during their use by a Singapore force, and generally to facilitate the carrying out of such training and exercises.

Section 3 - Movement of forces, vessels, aircraft and vehicles
1. The Government of Australia shall grant to a Singapore force, civilian component and dependants, and vessels, aircraft and vehicles of a Singapore force, freedom of entry to, egress from and movement between the installations by water, air and land. Singapore ships may visit Australian ports on reasonable notification or in accordance with such operating arrangements as may be agreed between the Singapore Service authorities and the Australian authorities.

2. The Government of Australia shall grant to a Singapore force, civilian component and dependants, and to vessels, aircraft and vehicles of Singapore force, freedom of entry to, egress from and movement in and over the territory and territorial waters of Australia. Aircraft movements shall be made in accordance with such laws and regulations of the Government of Australia for the control of aircraft and, the movement of vessels shall be in accordance with all port laws and regulations.

3. a. The Government of Singapore may in compliance with the port regulations or other applicable laws of Australia

pass explosives (including ammunition) through the ports of Australia and transport them to any place and move them to any extent reasonably necessary within Australia.
b. Notwithstanding the mutual waiver provided for in paragraphs 1 and 2 of Annex III, the Government of Singapore shall indemnify the port authorities and the Government of Australia against any legally enforceable claim presented against them by reason of the happening during the exercise of any rights aforesaid in breach of port by-laws or other laws in Australia in respect of the transport or storage of explosives or any explosion of such explosives.
c. The Government of Singapore shall pay compensation to the port authorities and to the Government of Australia for any damage to property of those authorities or of that Government, as the case may be, resulting from any explosion of such explosives during the exercise by the Government of Singapore of any of the rights aforesaid.
d. The indemnity or compensation in any case arising under sub-paragraph b. or c. of this paragraph shall be such a sum as is agreed between the Government of Singapore and the port authorities or the Government of Australia (as the case may be), after having taken into account all the circumstances of the case.

Section 4 - Control of aircraft, vessels and vehicles
1. The Government of Singapore may exercise such control over aircraft, vessels and vehicles entering, leaving and within installations as may be required for the efficient operation, safety and security of such installations, providing such control accords with existing laws and regulations of the Government of Australia.

2. The Government of Australia shall arrange for such control over aircraft, vessels and vehicles entering, leaving and within areas near the installations as is agreed between the Government of Australia and the Government of Singapore to be necessary to ensure the efficient operation, safety and security of such installations.

Section 5 - Local purchases
Subject to any wish expressed by the Government of Australia, the Government of Singapore and its contractors shall purchase locally goods and commodities which they require for the purposes of this Note if they are available at a suitable price and are of the standard required.

Section 6 - Employment of local civilians
Subject to any wish expressed by the Government of Australia, the Government of Singapore and its contractors shall employ such local labour as they may require, provided the labour is available and qualified to do the work. The Government of Singapore shall have regard to the laws of Australia in the employment of such labour, and in the pay and conditions thereof and in any event the pay and conditions applicable to the employment of such local labour shall not be less favourable than pay and conditions prescribed by Australian industrial laws.

Section 7 - Use of services and facilities
A Singapore force and all persons associated with its activities may use the public services and facilities owned, controlled or regulated by the Government of Australia or its instrumentalities. The terms of use, including charges, shall be no less favourable than those available to other users in like circumstances unless otherwise agreed.

Section 8 - Construction, development and maintenance of facilities
The Government of Singapore may with the agreement of the Government of Australia construct, develop and maintain such facilities as may be necessary for the purposes of this Note.

Section 9 - Generation and distribution of light and power
Within the installations, the Government of Singapore may with the agreement of the Australian authorities generate light and power for emergency use in such installations, and transmit and distribute such light and power by means of cables or in any other way whatsoever.

Section 10 - Postal and communications arrangements
1. A Singapore Force may in accordance with the arrangements between the two Governments control and operate in Australia facilities for communicating with and reporting to the authorities of Singapore.

2. A Singapore force may, at installations and facilities put at its disposal, establish and operate military post offices for the handling of official correspondence, documents, and non-official mail of authorized individuals between these and other post offices of Singapore. Detailed arrangements for the interchange of mails with or through the postal services of Australia shall be as mutually arranged.

3. The authorities of Australia shall not inspect official mail in the military postal channels of Singapore. Any inspection of non-official mail in such channels which may be required by the regulations of Australia shall be conducted by the authorities of Australia in accordance with procedures to be arranged between the appropriate authorities of both States.

4. Telecommunication facilities operated in pursuance of paragraph 1 of this section shall not be used for the transmission of non-official communications. Non-official communications shall be transmitted by the public telecommunications services of Australia at the charges applicable to the nationals of Australia for equivalent transmissions.

5. Arrangements made in pursuance of paragraph 1 of this section for the operation of telecommunications facilities shall include arrangements for Australia to approve the proposed route of any telecommunications cable to be laid in Australia and the proposed frequency and power of any wireless transmitter to be operated from Australia.

6. Facilities shall not be operated except in accordance with approved proposals. Where a facility operates otherwise than in accordance with approved proposals by reason of the malfunction of equipment, the Singapore Service authorities shall, at the request of the authorities or the receiving State, suspend the operation of the facility until the malfunction is corrected.
ANNEX II
STATUS OF FORCES
Section 1 - Criminal jurisdiction
1. Subject to the provisions of this section:

a. the Singapore Service authorities shall have the right to exercise within Australia all criminal and disciplinary jurisdiction conferred on them by the law of Singapore over members of a Singapore force or civilian component or dependants;
b. the Australian authorities shall have jurisdiction over the members of a Singapore force or civilian component or dependants with respect to offences committed within Australia and punishable by the law of Australia.

2. a. The Singapore Service authorities shall have the right to exercise exclusive jurisdiction over members of a

Singapore force or civilian component or dependants with respect to offences punishable by the law of Singapore, but not by the law of Australia.
b. The Australian authorities shall have the right to exercise exclusive jurisdiction over members of a Singapore force or civilian component or dependants with respect to offences punishable by the law of Australia but not by the law of Singapore.

3. In cases where the right to exercise jurisdiction is concurrent the following rules shall apply:

a. the Singapore Service authorities shall have the primary right to exercise jurisdiction over members of a Singapore force or civilian component or dependants in relation to:
(1) offences against the security of Singapore, offences solely against the property of that country or against the person or property of another member of a Singapore force or civilian component or of a dependant;
(2) offences arising out of any act or omission done in the performance of official duty;
b. in the case of any other offence, the Australian authorities shall have the primary right to exercise jurisdiction;
c. if the authorities having the primary right decide not to exercise jurisdiction, they shall notify the other authorities as soon as practicable. The authorities having the primary right of jurisdiction shall give sympathetic consideration to a request from the other authorities for a waiver of their right in cases where those other authorities consider such waiver to be of particular importance, or where suitable punishment can be applied by disciplinary action without recourse to a court.

4. The foregoing provisions of this section shall not confer any right on the Singapore Service authorities to exercise jurisdiction over persons who are nationals of or ordinarily resident in Australia unless they are members of a Singapore force or civilian component or dependants.

5. a. The Singapore Service authorities and the Australian authorities shall assist each other in arresting members of a

Singapore force or civilian component or dependants and handing them over to the authority which is to exercise jurisdiction in accordance with the above provisions. The Singapore Service authorities shall assist the Australian authorities in the arrest within the installations of other offenders against the laws of Australia.
b. The Australian authorities shall give prompt notification to the Singapore Service authorities of the arrest of any member of a Singapore force or civilian component or a dependant.
c. The custody of an accused member of a Singapore force or civilian component or a dependant over whom the Australian authorities are to exercise jurisdiction shall remain with the Singapore Service authorities until he is brought to trial by the Australian authorities.

6. a. The Singapore Service authorities and the Australian authorities shall assist each other in carrying out all

necessary investigations into offences and in the collection and production of evidence relating to an offence. For the purpose of this paragraph, members of the police forces of Australia may, by arrangement with the Singapore Service authorities, have reasonable access to the installations except to premises which are enclosed and under guard.
b. The Singapore Service authorities and the Australian authorities shall notify each other of the disposition of all cases in which there are concurrent rights to exercise jurisdiction.

7. The Singapore Service authorities shall not carry out a death sentence in Australia.

8. Where an accused has been tried in accordance with the provisions of this section by the Singapore Service authorities or the Australian authorities as the case may be, and has been acquitted, or has been convicted, he may not be tried again for the same offence by the Singapore Service authorities or the Australian authorities as the case may be. However, nothing in this paragraph shall prevent the Singapore Service authorities from trying a member of a Singapore force for any violation of rules of discipline arising from an act or omission which constituted an offence for which he was tried by the Australian authorities.

9. Whenever a member of a Singapore force or civilian component or a dependant is prosecuted under the jurisdiction of Australia he shall be entitled:

a. to a prompt and speedy trial;
b. to be informed in advance of trial of the specific charge or charges made against him;
c. to be confronted with the witnesses against him;
d. to have compulsory process for obtaining witnesses in his favour if they are within the jurisdiction of Australia;
e. to have legal representation of his own choice for his defence, or to apply to have free or assisted legal representation under the conditions prevailing for the time being in Australia;
f. to have the services of a competent interpreter; and
g. to communicate with a representative of his Government and, when the rules of the court permit, to have a representative of that Government present at his trial.

Section 2 - Security
1. The Singapore Service authorities in consultation with the Australian authorities may take such measures as they deem necessary to ensure the security of the installations and of the equipment, property, records and official information of a Singapore force.

2. The Australian authorities shall co-operate with the Singapore Service authorities in taking such steps as from time to time may be necessary to ensure the security of the installations of a Singapore force, its members, civilian component and dependants and their property.

3. The Government of Australia shall enact such legislation and take such other action as is necessary to ensure the adequate security within the territory of Australia of the installations and of the equipment, property, records and official information of a Singapore force, and the punishment of persons who contravene the laws of Australia relating thereto.

4. A Singapore force shall have the right to maintain Service police for the maintenance of discipline within the force and for the security of the installations which it occupies. Such Service police may, with the agreement of and in liaison with the Australian authorities, be employed outside the installations in so far as such employment may be necessary to maintain the security of such installations or discipline and order among the members of a Singapore force.

Section 3 - Carriage of arms
Members of a Singapore force or civilian component may with the agreement of the Australian authorities possess and carry arms on condition that they are authorized to do so by their orders. They may not however carry arms on regular public transport flights.

Section 4 - Exchange control
1. Members of a Singapore force or civilian component and dependants shall remain subject to the foreign exchange regulations of Singapore but as regards acts done in the territory of Australia shall also be subject to the exchange control regulations of Australia in force from time to time.

2. Remittances between Singapore and Australia shall be freely permitted in respect of:

a. funds derived by members of a Singapore force or civilian component from services or employment in connection with the purposes of this Note;
b. funds derived by members of a Singapore force or civilian component or dependants from sources outside Australia subject to the regulations of Singapore.

3. The preceding paragraphs shall not preclude the transmission into or outside Australia of foreign exchange instruments representing the official funds of a Singapore force.

4. This section shall not apply to persons ordinarily resident in Australia.

Section 5 - Import, export, taxation, etc
1. Save as provided expressly to the contrary in this Annex, members of a Singapore force or civilian component and dependants shall be subject to the laws and regulations administered by the customs and taxation authorities of Australia.

2. Official documents under official seal shall not be subject to customs inspection. The package shall be accompanied by a certificate which states that only official documents are enclosed. Samples of the official seals shall be lodged with the Customs authorities.

3. a. A Singapore force may import free of duty equipment, material, vehicles, provisions, supplies and other goods

for the official exclusive use of, but not for sale by, a Singapore force or civilian component.
b. A member of a Singapore force or civilian component or a dependant may import free of duty and sales tax, goods being personal effects, furniture and household goods (other than motor vehicles, cigarettes, cigars, tobacco and spirituous liquors):
(1) that are imported at the time of first arrival of the member to take up service in Australia or within six months thereafter or, in the case of a dependant, at the time of the first arrival of the dependant to join the member or within six months thereafter; and
(2) in respect of which the member or dependant lodges an undertaking with the Customs that the goods will not be sold, traded, exchanged, hired out, donated or otherwise disposed of in Australia within a period of two years immediately after the date of their importation, unless prior approval has been obtained and the duty which would have been otherwise payable on the goods on the date on which they were imported into Australia is paid unless the Customs authorities for special reasons, determine otherwise.
c. A member of a Singapore force or civilian component or a dependant may import into Australia free of duty and sales tax a motor vehicle in respect of which the member lodges with the Customs:
(1) where the vehicle was owned and used by the member during the period of 3 months immediately preceding his first departure for Australia - a security that the vehicle remains in the use, ownership and possession of that member or, with the permission of the Customs of another member during the period of two years immediately after the date of its importation; or
(2) where sub-para (1) is inapplicable - a general security or undertaking that the vehicle will not be sold, traded, exchanged, hired out, donated or otherwise disposed of in Australia and will be re-exported from Australia within 12 months from the date of its importation or within such further period as may be allowed by the Customs.

4. Items which have been imported free under paragraph 3. of this section:

a. may be re-exported freely, provided that a certificate is presented to the customs office; the customs authorities may verify that goods re-exported are as described in the certificate and have been imported under the conditions of paragraph 3.;
b. may not be transferred to another person without the approval of the Australian authorities;
c. may, if they are owned by a Singapore force be disposed of in Australia by public sale, auction, tender or private treaty, provided that:
(1) before doing so the Singapore Service authorities concerned shall first offer them for sale at a reasonable price having regard to their condition and other relevant circumstances to the Government of Australia unless the latter shall have indicated that it is not interested in their acquisition;
(2) in so disposing of stores or goods the Singapore Service authorities concerned shall be liable to pay any duties which would be payable on items so disposed of as if they were imported by a private individual into Australia at the date of such disposal.

5. The arrangements in paragraph 4.c. above shall cover only the sale or disposal of unforeseen surpluses or damaged items of official stores and equipment. Any such sale or disposal shall not be made in a manner or with such frequency as seriously to compete with or adversely affect legitimate trade or industry in the territory of Australia. The Government of Singapore or the Government of Australia, shall at the request of the other Government be ready at any time to enter into discussions for this purpose should it appear necessary to that other Government.

6. The Singapore Service authorities shall be allowed delivery of all fuel, oil and lubricants exclusively for use in official vehicles, aircraft and vessels of a Singapore force or civilian component or in the installations, free of all duties and taxes.

7. In paragraphs 3. to 6. of this section;

a. "duty" means customs duties and all other duties, taxes and ad valorem registration fees payable on importation and exportation as the case may be, except dues and taxes which are no more than charges for services rendered;
b. "importation" includes withdrawal from customs warehouses or continuous customs custody, provided that the goods concerned have not been grown, produced or manufactured in Australia.

8. The movement of vessels, vehicles or aircraft of a Singapore force in and over the territory and territorial waters of Australia shall be free from harbour charges and all dues, tolls or taxes, except charges for specific services rendered at the request of the Singapore Service authorities. The Government of Singapore shall make such contribution to the maintenance and operating costs of any airport in Australia as may be fair and reasonable having regard to the use made of that airport by aircraft operating in connection with the activities of Singapore. The amount of such contribution shall be the subject of arrangements between the two Governments.

9. Official vehicles, excluding vehicles hired in Australia, of a Singapore force or civilian component shall be exempt from any regulations relating to the registration of vehicles in Australia and from any tax payable in respect of the use of such vehicles on the roads of Australia. However, official vehicles shall carry distinctive number plates, issued by the Singapore Service authorities, which shall readily identify such vehicles.

10. The Australian authorities shall accept as valid, without a driving test or fee, the driving permit or licence issued by the Singapore Service authorities to a member of a Singapore force or civilian component for the purpose of driving official vehicles. For the purpose of driving other vehicles, including vehicles of the Defence Force of Australia a driving permit or licence issued by the Australian authorities shall be obtained.

11. The Government of Australia shall exempt from tax the official emoluments paid from Singapore Government funds to members of a Singapore force or civilian component whilst in Australia in respect of their offices under the Government of Singapore, if such emoluments are subject to an income tax in Singapore, provided that nothing herein contained shall prejudice any claims for exemption or relief from taxation under arrangements between the two Governments for the avoidance of double taxation.

12. Personal property which is situated in Australia solely because a member of a Singapore force or of the civilian component or a dependant is in Australia shall, in respect of the holding by transfer by reason of the death of or transfer to or by such a member or dependant, be exempt from taxation under the laws of the Commonwealth of Australia relating to estate and gift duty.

13. The last preceding paragraph shall apply only if the property concerned is subject to and is brought to tax under the laws of Singapore relating to estate or gift tax and shall not apply in relation to:

a. property held as, or for the purpose of, an investment;
b. intangible property registered and copyright subsisting in Australia;
c. property held in connection with the carrying on of any business in Australia.

14. Regulation military uniforms may be imported by a member of a Singapore force for his personal use free of import duties including sales tax.

15. The Singapore Service authorities shall take all possible measures and on request shall render all assistance within their power to the Australian authorities to prevent misuse of the privileges granted and to ensure proper discharge of the obligations imposed under this section and the immediately preceding section. In particular the Singapore Service authorities shall by appropriate administrative instructions bring their rights and obligations to the notice of all members of a Singapore force, civilian component and dependants.

16. This section shall not apply to persons ordinarily resident in Australia.

Section 6 - Entry and Exit
1. The Government of Australia shall facilitate the admission of members of a Singapore Force and of the civilian component and dependants into, and their departure from, Australia in connection with activities agreed upon by the two Governments. Subject to compliance with the formalities established by Australia relating to entry and departure, members of a Singapore force civilian component or dependants shall be exempt from visa and entry permit requirements on entering or leaving the territory of Australia.

2. The undermentioned documents only, which must be presented on demand, shall be required in respect of members of a Singapore force seeking to enter Australia on official duty:

a. personal identity card issued by the appropriate Singapore authority showing full name, date of birth, rank and number (if any), service and photograph;
b. individual or collective movement order issued by an appropriate Singapore authority and certifying to the status of the individual or group as a member or members of the Singapore force; and
c. such documents conforming to standards approved by the Singapore Ministry of Health as may be issued by the appropriate Singapore authorities in satisfaction of Australian health and quarantine regulations.

3. Members of the civilian component and dependants shall be required to be in possession of a valid national passport and a certificate by the appropriate Singapore authority that the holder is a member of the civilian component or a dependant. The certificate will serve in lieu of a visa when travel is undertaken under the authority of movement orders.

4. Members of a Singapore force and of the civilian component and dependants shall be exempt from Australian regulations on registration and control of aliens, but shall not be considered as acquiring any right to permanent residence or domicile in Australia.

5. If a person other than an Australian national admitted into Australia in accordance with this Agreement ceases while still in Australia to be a member of a Singapore force or of the civilian component or a dependant, the Government of Singapore shall, within the framework of and subject to relevant Singapore laws and regulations, take steps to effect the departure from Australia of that person within thirty days of his so ceasing to be such a member or dependant, unless with the approval of the Government of Australia other arrangements are made. Where the former member or dependant has not left Australia at the end of thirty days of his ceasing to be a member or dependant and no other arrangements have been approved by the Government of Australia, the Singapore Service authorities shall thereupon inform the Government of Australia, giving particulars as may be required. Similar notification shall be given to the Government of Australia concerning any members of a Singapore force who, after having been admitted into Australia, absent themselves for more than twenty-one days, otherwise than on approved leave.

6. If the Government of Australia has requested the removal from Australia of a member of a Singapore force or of the civilian component or a dependant admitted in accordance with this Agreement or has made a deportation order against a former member or dependant who has not formally been granted permanent residence in Australia, the Government of Singapore shall be responsible for the transportation from Australia of the person concerned, and, where applicable, his dependants without cost to the Government of Australia.

Section 7 - Uniforms
Members of a Singapore force may wear the uniform of that force while performing official duties in Australia.

Section 8 - Flags
Whenever the flag of Singapore is flown at premises occupied by a Singapore force the flag of Australia shall be flown on a separate and adjacent flagstaff.

Section 9 - Observance of laws
Consistently with agreements for the time being in force between Australia and Singapore members of a Singapore force and the civilian component and dependants shall conform to the laws of Australia including quarantine laws.
ANNEX III
SETTLEMENT OF CLAIMS
Section 1
1. Each Government waives all its claims against the other:

a. for damage (including loss of use) to property in the receiving State belonging to, hired or chartered by either of them and used by their defence forces if such damage:
(1) was caused by an act or omission of a member or an employee of the Defence Force of the other Government and arose out of and in the course of the performance of his official duty; or
(2) arose from the use of vehicles, vessels or aircraft belonging to, hired or chartered by the other Government and being used for the performance of official duties in the receiving State;
b. for maritime salvage where the vessel or cargo salvaged was owned by a Government and being used by its Defence Force for official purposes; and
c. for damages for injury or death suffered by a member of its Defence Force while such member was engaged in his official duties.

2. The two Governments shall consult on the settlement of claims by one against the other arising from damage caused in the ways set out in sub-paragraph (1)(a) of this section to other property belonging to, hired or chartered by either Government or a political sub-division thereof and located in the receiving State.

3. Claims arising out of acts or omissions of a member of a Visiting Force, the civilian component or of other servants or employees of a Visiting Force done in the performance of official duty or arising out of any other act, omission or occurrence for which the sending State is legally responsible, and causing damage in the territory of the receiving State to third parties, other than to either of the two Governments, shall, except when the two Governments otherwise arrange, be dealt with by the Government of the receiving State in accordance with the following provisions:

a. claims shall be filed, considered and settled or adjudicated in accordance with the laws of the receiving State with respect to claims arising from the activities of the Defence Force of the receiving State;
b. the Government of the receiving State may settle such claims, and payment of the amount agreed upon or determined by adjudication shall be made by the Government of the receiving State;
c. such payment, whether made pursuant to a settlement or to adjudication of the case by a competent authority of the receiving State or the final adjudication by such an authority denying payment shall be binding and conclusive discharge of the claim;
d. every claim paid by the Government of the receiving State shall be communicated to the appropriate authorities of the sending State together with full particulars and a proposed distribution in accordance with sub-paragraph 3.e. of this section. In default of a reply within two months the proposed distribution shall be regarded as accepted;
e. the cost incurred in satisfying claims pursuant to the preceding sub-paragraphs of this Clause shall be distributed between the two Governments as follows:
(1) subject to sub-paragraph (3) below, where the Government of the sending State alone is responsible for the damage the amount awarded or adjudged and the costs associated with the settling of the claim shall be distributed in the proportion of 25 per cent chargeable to the Government of the receiving State and 75 per cent chargeable to the Government of the sending State;
(2) where the two Governments are responsible for the damage or it is not possible to attribute responsibility for the damage specifically to either Government such amount shall be distributed equally between them;
(3) where a third party claim arises out of the use of official vehicles of the sending state, sub-paragraph e(1) above shall not apply and the costs associated with the settling of the claim shall be fully chargeable to the government of the sending state.

4. Every three months a statement of the sums paid by each Government shall be sent to the authorities of the other Government together with a request for reimbursement.

5. Paragraphs 3 and 6 of this section shall not apply to contractual claims.

6. A certificate issued by the designated authorities of the sending State that the claim arose out of any act or omission done in the performance of official duty shall be conclusive of that fact.

7. The authorities of the two Governments shall co-operate in the procurement of evidence for a fair hearing and disposal of claims under this section.

8. In the case of any private movable property which is subject to compulsory execution under the law of the receiving State and which is within an area in use by the Visiting Force or the civilian component, the authorities of the sending State shall, upon request, assist the appropriate authorities of the receiving State to take possession of such property.

9. The sending State shall not claim immunity from the jurisdiction of the courts of the receiving State for members of a Visiting Force, the civilian component or dependants in respect of the civil jurisdiction of the courts of the receiving State.
[Signed for the Commonwealth of Australia:]

X

Ambassador to Singapore

[Signed for the Republic of Singapore:]

Mr. Kuan Yue Shi

President

AsianSchnitzel

OneMaharlika · Apr 28, 2024

Owen said:
"From what I understand, Australia already provides visa-free arrangements for Singapore passport holders (https://modernnations.com/threads/australia-department-of-home-affairs.28530/). Well rather, access to the Electronic Travel Authority. Australia has maintained a universal visa policy since 1994 meaning every non-citizen needs to be on some form of visa. Only New Zealand citizens are issued visas on arrival, but the ETA framework is there to provide citizens of.... respected countries.... the option to travel to Australia for up to 3 months per visit in a 12 month period through lodging a small application online and the issuing of a subclass 601 visa. They also have access to Transit Without A Visa. We only plan on maintaining New Zealand as having any special privileges in this case in order to allow us to maintain a database on who is in the country and who is in violation of their visa conditions.

If you wish to tentatively agree to a Free Trade Agreement, I can get the Trade Minister to write up an agreement and send it to you as quickly as possible and then he can fly here on his way back from China to sign the agreement. In terms of the forces. We can also write up a seperate agreement for military training and cooperation and get the Minister for Defence to sign this on his way back from Spain."

AsianSchnitzel

"That would be great and convenient, we would like to sign a free trade agreement with Australia, if its not bother to your trade minister."

"Also thanks for reminding me regarding that important detail, but of course its the thought that counts, don't you think?, sounds cheesy but that's how I see it. If there are more important matters to discuss other than the free trade agreement and the one I recently signed, I personally would like to know."

Owen · Apr 28, 2024

Owen said:
Status of Forces Agreement between the Government of the Commonwealth of Australia and the Government of the Republic of Singapore
Ambassador
Australian Embassy
SINGAPORE
30 April 2004

President
The Istana
SINGAPORE
My Dear Excellency,

1. I have the honour to refer to the Meeting in Singapore on the 30 April 2004, to consider matters of common interest to the Government of Australia and the Government of Singapore to the external defence of Singapore. In accordance with the intentions expressed in the above mentioned meeting I now propose that the following arrangements shall apply between the Government of Australia and the Government of Singapore:

a. The Government of Australia shall afford to the Government of Singapore in respect of any:
(1) Singapore force that may be stationed or be present in Australia with the consent of the Government of Australia;
(2) civilian component of such size as may be agreed between the two governments to be necessary; and
(3) dependants of such a force, rights and facilities in accordance with the provisions of Annex I to this Note.

b. The provisions contained in Annex II to this Note shall apply to any:
(1) Singapore force that may be present in Australia with the consent of the Government of Australia;
(2) civilian component of such size as may be agreed between the two Governments to be necessary; and
(3) dependants of such a force.

c. The provisions contained in Annex III to this Note shall apply to:
(1) the settlement of claims against the Government of Singapore or the members or civilian employees of a Singapore force in respect of acts or omissions of those members or employees; and
(2) the settlement of claims against the Government of Australia or the members or civilian employees of an Australian force in respect of acts or omissions of those members or employees.

d. The Government of Singapore and the Government of Australia shall afford each other an adequate opportunity for comment upon any major administrative or legislative proposals which may affect the operation of the arrangements described in this Note or in its Annexes.

e. Representatives of the Singapore Service authorities or the Government of Singapore and representatives of the Australian authorities may after mutual consultations, make arrangements not inconsistent with this Exchange of Notes, concerning matters of administrative detail including financial arrangements being matters relating to the deployment of a Singapore force at:
(1) the RAAF Base at Williamtown in the State of New South Wales;
(2) the RAAF Base at Amberley in the State of Queensland;
(3) the area known as Shoalwater Bay Training Area in the State of Queensland;
(4) the Australian Naval Base known as HMAS Albatross in the State of New South Wales;
(5) the Australian Army Base known as Schwartz Barracks in the State of Queensland; and
(6) any other place in Australia, to be observed by those authorities.

f. The provisions of this Note shall, in the event of hostilities involving either Government be immediately reviewed by the Governments concerned who may agree to or arrange such modifications as they consider desirable regarding the application of the Note.

g. Either Government may terminate the arrangements contained in this Note or its Annexes by giving notice in writing to the other Government of its intention to do so at least 180 days prior to the termination date.

2. For the purposes of the arrangements described in this Note, or in its Annexes, the terms used therein shall, unless the context otherwise requires, have the following meanings respectively assigned to them:

a. "Australian force" means any body, contingent, or detachment of any naval, land or air forces of Australia when stationed in the territory of Singapore or when present there in connection with their official duties;

b. "installations" means the areas in Australia made available to the Government of Singapore for the purposes of this Note and includes the immovable property and structures situated thereon or built therein;

c. "Singapore force" means any body, contingent, or detachment of any naval, land or air forces of Singapore when stationed in the territory of Australia or when present there in connection with their official duties;

d. "Singapore Service authorities" means the authorities empowered by the law of Singapore to exercise command or jurisdiction over members of a Singapore force or civilian component or dependants;

e. "Australian authorities" means the authority or authorities from time to time authorized or designated by the Government of Australia or the Governments of Australia's political sub-divisions for the purpose of exercising the powers in relation to which the expression is used;

f. "civilian component" means the civilian personnel accompanying a Singapore force, who are employed in the service of a Singapore force, or by a department or authority of the Government of Singapore having functions relating to the armed forces or to defence matters, and who are not stateless persons, nor nationals of, nor ordinarily resident in, Australia;

g. "dependant" means a person not ordinarily resident in Australia who is the spouse of a member of a Singapore force or civilian component or who is wholly or mainly maintained or employed by any such member, or who is in his custody, charge or care, or who forms part of his family;

h. "official vehicles" means vehicles, including hired vehicles, which are exclusively in the service of a Singapore force or department or authority having functions relating to the armed forces or to defence matters;

i. the expression "of a Singapore force" used in relation to "vessels" or "aircraft" includes vessels and aircraft on charter for the service of a Singapore force;

j. "sending State" means the country or the government of the country to which the Visiting Force in question belongs;

k. "receiving State" means the country or the Government of the country in the territory of which a Visiting Force is located whether it be stationed there or in transit;

l. "third parties" does not include members of a Visiting Force or civilian component, or persons who are nationals of, and in the direct employment of the sending State; and

m. "Visiting Force" means:
(1) in relation to the Defence Force of Singapore, the personnel belonging to the land, sea or air armed forces of that country when present in Australia;
(2) in relation to the Defence Force of Australia, the personnel belonging the land, sea or air armed forces of that country when present in Singapore, provided that the two Government may agree that certain individuals, units or formations should not be regarded as constituting, or included, in a Visiting Force.
3. If the foregoing is acceptable to the Government of Singapore, I have the honour to propose that this Note and its Annexes together with your reply to that effect shall constitute an Agreement between the two Governments on this matter which shall enter into force on the date of your reply.

Yours sincerely,
G. QUINLAN,
Ambassador.

ANNEX I
RIGHTS AND FACILITIES
Section 1 - Installations
The Government of Australia shall permit a Singapore force to occupy such installations as are agreed by the Government of Australia upon such terms and conditions as may be agreed by the Government of Australia and the Government of Singapore.

Section 2 - Training
1. A Singapore force may use such defined land and sea areas, air space and facilities related thereto as may be agreed between the Government of Australia and the Government of Singapore for the purpose of training or exercises as may be agreed, and in accordance with Australian clearance procedures.

2. The Government of Singapore shall give the Government of Australia such prior notice of its intention to use any such areas or air space, or any related facilities, as may be agreed between the two Governments; and the Government of Australia shall take such measures as may be agreed between the two Governments to restrict civilian movement and activity in the areas or air space concerned during their use by a Singapore force, and generally to facilitate the carrying out of such training and exercises.

Section 3 - Movement of forces, vessels, aircraft and vehicles
1. The Government of Australia shall grant to a Singapore force, civilian component and dependants, and vessels, aircraft and vehicles of a Singapore force, freedom of entry to, egress from and movement between the installations by water, air and land. Singapore ships may visit Australian ports on reasonable notification or in accordance with such operating arrangements as may be agreed between the Singapore Service authorities and the Australian authorities.

2. The Government of Australia shall grant to a Singapore force, civilian component and dependants, and to vessels, aircraft and vehicles of Singapore force, freedom of entry to, egress from and movement in and over the territory and territorial waters of Australia. Aircraft movements shall be made in accordance with such laws and regulations of the Government of Australia for the control of aircraft and, the movement of vessels shall be in accordance with all port laws and regulations.

3. a. The Government of Singapore may in compliance with the port regulations or other applicable laws of Australia

pass explosives (including ammunition) through the ports of Australia and transport them to any place and move them to any extent reasonably necessary within Australia.
b. Notwithstanding the mutual waiver provided for in paragraphs 1 and 2 of Annex III, the Government of Singapore shall indemnify the port authorities and the Government of Australia against any legally enforceable claim presented against them by reason of the happening during the exercise of any rights aforesaid in breach of port by-laws or other laws in Australia in respect of the transport or storage of explosives or any explosion of such explosives.
c. The Government of Singapore shall pay compensation to the port authorities and to the Government of Australia for any damage to property of those authorities or of that Government, as the case may be, resulting from any explosion of such explosives during the exercise by the Government of Singapore of any of the rights aforesaid.
d. The indemnity or compensation in any case arising under sub-paragraph b. or c. of this paragraph shall be such a sum as is agreed between the Government of Singapore and the port authorities or the Government of Australia (as the case may be), after having taken into account all the circumstances of the case.

Section 4 - Control of aircraft, vessels and vehicles
1. The Government of Singapore may exercise such control over aircraft, vessels and vehicles entering, leaving and within installations as may be required for the efficient operation, safety and security of such installations, providing such control accords with existing laws and regulations of the Government of Australia.

2. The Government of Australia shall arrange for such control over aircraft, vessels and vehicles entering, leaving and within areas near the installations as is agreed between the Government of Australia and the Government of Singapore to be necessary to ensure the efficient operation, safety and security of such installations.

Section 5 - Local purchases
Subject to any wish expressed by the Government of Australia, the Government of Singapore and its contractors shall purchase locally goods and commodities which they require for the purposes of this Note if they are available at a suitable price and are of the standard required.

Section 6 - Employment of local civilians
Subject to any wish expressed by the Government of Australia, the Government of Singapore and its contractors shall employ such local labour as they may require, provided the labour is available and qualified to do the work. The Government of Singapore shall have regard to the laws of Australia in the employment of such labour, and in the pay and conditions thereof and in any event the pay and conditions applicable to the employment of such local labour shall not be less favourable than pay and conditions prescribed by Australian industrial laws.

Section 7 - Use of services and facilities
A Singapore force and all persons associated with its activities may use the public services and facilities owned, controlled or regulated by the Government of Australia or its instrumentalities. The terms of use, including charges, shall be no less favourable than those available to other users in like circumstances unless otherwise agreed.

Section 8 - Construction, development and maintenance of facilities
The Government of Singapore may with the agreement of the Government of Australia construct, develop and maintain such facilities as may be necessary for the purposes of this Note.

Section 9 - Generation and distribution of light and power
Within the installations, the Government of Singapore may with the agreement of the Australian authorities generate light and power for emergency use in such installations, and transmit and distribute such light and power by means of cables or in any other way whatsoever.

Section 10 - Postal and communications arrangements
1. A Singapore Force may in accordance with the arrangements between the two Governments control and operate in Australia facilities for communicating with and reporting to the authorities of Singapore.

2. A Singapore force may, at installations and facilities put at its disposal, establish and operate military post offices for the handling of official correspondence, documents, and non-official mail of authorized individuals between these and other post offices of Singapore. Detailed arrangements for the interchange of mails with or through the postal services of Australia shall be as mutually arranged.

3. The authorities of Australia shall not inspect official mail in the military postal channels of Singapore. Any inspection of non-official mail in such channels which may be required by the regulations of Australia shall be conducted by the authorities of Australia in accordance with procedures to be arranged between the appropriate authorities of both States.

4. Telecommunication facilities operated in pursuance of paragraph 1 of this section shall not be used for the transmission of non-official communications. Non-official communications shall be transmitted by the public telecommunications services of Australia at the charges applicable to the nationals of Australia for equivalent transmissions.

5. Arrangements made in pursuance of paragraph 1 of this section for the operation of telecommunications facilities shall include arrangements for Australia to approve the proposed route of any telecommunications cable to be laid in Australia and the proposed frequency and power of any wireless transmitter to be operated from Australia.

6. Facilities shall not be operated except in accordance with approved proposals. Where a facility operates otherwise than in accordance with approved proposals by reason of the malfunction of equipment, the Singapore Service authorities shall, at the request of the authorities or the receiving State, suspend the operation of the facility until the malfunction is corrected.
ANNEX II
STATUS OF FORCES
Section 1 - Criminal jurisdiction
1. Subject to the provisions of this section:

a. the Singapore Service authorities shall have the right to exercise within Australia all criminal and disciplinary jurisdiction conferred on them by the law of Singapore over members of a Singapore force or civilian component or dependants;
b. the Australian authorities shall have jurisdiction over the members of a Singapore force or civilian component or dependants with respect to offences committed within Australia and punishable by the law of Australia.

2. a. The Singapore Service authorities shall have the right to exercise exclusive jurisdiction over members of a

Singapore force or civilian component or dependants with respect to offences punishable by the law of Singapore, but not by the law of Australia.
b. The Australian authorities shall have the right to exercise exclusive jurisdiction over members of a Singapore force or civilian component or dependants with respect to offences punishable by the law of Australia but not by the law of Singapore.

3. In cases where the right to exercise jurisdiction is concurrent the following rules shall apply:

a. the Singapore Service authorities shall have the primary right to exercise jurisdiction over members of a Singapore force or civilian component or dependants in relation to:
(1) offences against the security of Singapore, offences solely against the property of that country or against the person or property of another member of a Singapore force or civilian component or of a dependant;
(2) offences arising out of any act or omission done in the performance of official duty;
b. in the case of any other offence, the Australian authorities shall have the primary right to exercise jurisdiction;
c. if the authorities having the primary right decide not to exercise jurisdiction, they shall notify the other authorities as soon as practicable. The authorities having the primary right of jurisdiction shall give sympathetic consideration to a request from the other authorities for a waiver of their right in cases where those other authorities consider such waiver to be of particular importance, or where suitable punishment can be applied by disciplinary action without recourse to a court.

4. The foregoing provisions of this section shall not confer any right on the Singapore Service authorities to exercise jurisdiction over persons who are nationals of or ordinarily resident in Australia unless they are members of a Singapore force or civilian component or dependants.

5. a. The Singapore Service authorities and the Australian authorities shall assist each other in arresting members of a

Singapore force or civilian component or dependants and handing them over to the authority which is to exercise jurisdiction in accordance with the above provisions. The Singapore Service authorities shall assist the Australian authorities in the arrest within the installations of other offenders against the laws of Australia.
b. The Australian authorities shall give prompt notification to the Singapore Service authorities of the arrest of any member of a Singapore force or civilian component or a dependant.
c. The custody of an accused member of a Singapore force or civilian component or a dependant over whom the Australian authorities are to exercise jurisdiction shall remain with the Singapore Service authorities until he is brought to trial by the Australian authorities.

6. a. The Singapore Service authorities and the Australian authorities shall assist each other in carrying out all

necessary investigations into offences and in the collection and production of evidence relating to an offence. For the purpose of this paragraph, members of the police forces of Australia may, by arrangement with the Singapore Service authorities, have reasonable access to the installations except to premises which are enclosed and under guard.
b. The Singapore Service authorities and the Australian authorities shall notify each other of the disposition of all cases in which there are concurrent rights to exercise jurisdiction.

7. The Singapore Service authorities shall not carry out a death sentence in Australia.

8. Where an accused has been tried in accordance with the provisions of this section by the Singapore Service authorities or the Australian authorities as the case may be, and has been acquitted, or has been convicted, he may not be tried again for the same offence by the Singapore Service authorities or the Australian authorities as the case may be. However, nothing in this paragraph shall prevent the Singapore Service authorities from trying a member of a Singapore force for any violation of rules of discipline arising from an act or omission which constituted an offence for which he was tried by the Australian authorities.

9. Whenever a member of a Singapore force or civilian component or a dependant is prosecuted under the jurisdiction of Australia he shall be entitled:

a. to a prompt and speedy trial;
b. to be informed in advance of trial of the specific charge or charges made against him;
c. to be confronted with the witnesses against him;
d. to have compulsory process for obtaining witnesses in his favour if they are within the jurisdiction of Australia;
e. to have legal representation of his own choice for his defence, or to apply to have free or assisted legal representation under the conditions prevailing for the time being in Australia;
f. to have the services of a competent interpreter; and
g. to communicate with a representative of his Government and, when the rules of the court permit, to have a representative of that Government present at his trial.

Section 2 - Security
1. The Singapore Service authorities in consultation with the Australian authorities may take such measures as they deem necessary to ensure the security of the installations and of the equipment, property, records and official information of a Singapore force.

2. The Australian authorities shall co-operate with the Singapore Service authorities in taking such steps as from time to time may be necessary to ensure the security of the installations of a Singapore force, its members, civilian component and dependants and their property.

3. The Government of Australia shall enact such legislation and take such other action as is necessary to ensure the adequate security within the territory of Australia of the installations and of the equipment, property, records and official information of a Singapore force, and the punishment of persons who contravene the laws of Australia relating thereto.

4. A Singapore force shall have the right to maintain Service police for the maintenance of discipline within the force and for the security of the installations which it occupies. Such Service police may, with the agreement of and in liaison with the Australian authorities, be employed outside the installations in so far as such employment may be necessary to maintain the security of such installations or discipline and order among the members of a Singapore force.

Section 3 - Carriage of arms
Members of a Singapore force or civilian component may with the agreement of the Australian authorities possess and carry arms on condition that they are authorized to do so by their orders. They may not however carry arms on regular public transport flights.

Section 4 - Exchange control
1. Members of a Singapore force or civilian component and dependants shall remain subject to the foreign exchange regulations of Singapore but as regards acts done in the territory of Australia shall also be subject to the exchange control regulations of Australia in force from time to time.

2. Remittances between Singapore and Australia shall be freely permitted in respect of:

a. funds derived by members of a Singapore force or civilian component from services or employment in connection with the purposes of this Note;
b. funds derived by members of a Singapore force or civilian component or dependants from sources outside Australia subject to the regulations of Singapore.

3. The preceding paragraphs shall not preclude the transmission into or outside Australia of foreign exchange instruments representing the official funds of a Singapore force.

4. This section shall not apply to persons ordinarily resident in Australia.

Section 5 - Import, export, taxation, etc
1. Save as provided expressly to the contrary in this Annex, members of a Singapore force or civilian component and dependants shall be subject to the laws and regulations administered by the customs and taxation authorities of Australia.

2. Official documents under official seal shall not be subject to customs inspection. The package shall be accompanied by a certificate which states that only official documents are enclosed. Samples of the official seals shall be lodged with the Customs authorities.

3. a. A Singapore force may import free of duty equipment, material, vehicles, provisions, supplies and other goods

for the official exclusive use of, but not for sale by, a Singapore force or civilian component.
b. A member of a Singapore force or civilian component or a dependant may import free of duty and sales tax, goods being personal effects, furniture and household goods (other than motor vehicles, cigarettes, cigars, tobacco and spirituous liquors):
(1) that are imported at the time of first arrival of the member to take up service in Australia or within six months thereafter or, in the case of a dependant, at the time of the first arrival of the dependant to join the member or within six months thereafter; and
(2) in respect of which the member or dependant lodges an undertaking with the Customs that the goods will not be sold, traded, exchanged, hired out, donated or otherwise disposed of in Australia within a period of two years immediately after the date of their importation, unless prior approval has been obtained and the duty which would have been otherwise payable on the goods on the date on which they were imported into Australia is paid unless the Customs authorities for special reasons, determine otherwise.
c. A member of a Singapore force or civilian component or a dependant may import into Australia free of duty and sales tax a motor vehicle in respect of which the member lodges with the Customs:
(1) where the vehicle was owned and used by the member during the period of 3 months immediately preceding his first departure for Australia - a security that the vehicle remains in the use, ownership and possession of that member or, with the permission of the Customs of another member during the period of two years immediately after the date of its importation; or
(2) where sub-para (1) is inapplicable - a general security or undertaking that the vehicle will not be sold, traded, exchanged, hired out, donated or otherwise disposed of in Australia and will be re-exported from Australia within 12 months from the date of its importation or within such further period as may be allowed by the Customs.

4. Items which have been imported free under paragraph 3. of this section:

a. may be re-exported freely, provided that a certificate is presented to the customs office; the customs authorities may verify that goods re-exported are as described in the certificate and have been imported under the conditions of paragraph 3.;
b. may not be transferred to another person without the approval of the Australian authorities;
c. may, if they are owned by a Singapore force be disposed of in Australia by public sale, auction, tender or private treaty, provided that:
(1) before doing so the Singapore Service authorities concerned shall first offer them for sale at a reasonable price having regard to their condition and other relevant circumstances to the Government of Australia unless the latter shall have indicated that it is not interested in their acquisition;
(2) in so disposing of stores or goods the Singapore Service authorities concerned shall be liable to pay any duties which would be payable on items so disposed of as if they were imported by a private individual into Australia at the date of such disposal.

5. The arrangements in paragraph 4.c. above shall cover only the sale or disposal of unforeseen surpluses or damaged items of official stores and equipment. Any such sale or disposal shall not be made in a manner or with such frequency as seriously to compete with or adversely affect legitimate trade or industry in the territory of Australia. The Government of Singapore or the Government of Australia, shall at the request of the other Government be ready at any time to enter into discussions for this purpose should it appear necessary to that other Government.

6. The Singapore Service authorities shall be allowed delivery of all fuel, oil and lubricants exclusively for use in official vehicles, aircraft and vessels of a Singapore force or civilian component or in the installations, free of all duties and taxes.

7. In paragraphs 3. to 6. of this section;

a. "duty" means customs duties and all other duties, taxes and ad valorem registration fees payable on importation and exportation as the case may be, except dues and taxes which are no more than charges for services rendered;
b. "importation" includes withdrawal from customs warehouses or continuous customs custody, provided that the goods concerned have not been grown, produced or manufactured in Australia.

8. The movement of vessels, vehicles or aircraft of a Singapore force in and over the territory and territorial waters of Australia shall be free from harbour charges and all dues, tolls or taxes, except charges for specific services rendered at the request of the Singapore Service authorities. The Government of Singapore shall make such contribution to the maintenance and operating costs of any airport in Australia as may be fair and reasonable having regard to the use made of that airport by aircraft operating in connection with the activities of Singapore. The amount of such contribution shall be the subject of arrangements between the two Governments.

9. Official vehicles, excluding vehicles hired in Australia, of a Singapore force or civilian component shall be exempt from any regulations relating to the registration of vehicles in Australia and from any tax payable in respect of the use of such vehicles on the roads of Australia. However, official vehicles shall carry distinctive number plates, issued by the Singapore Service authorities, which shall readily identify such vehicles.

10. The Australian authorities shall accept as valid, without a driving test or fee, the driving permit or licence issued by the Singapore Service authorities to a member of a Singapore force or civilian component for the purpose of driving official vehicles. For the purpose of driving other vehicles, including vehicles of the Defence Force of Australia a driving permit or licence issued by the Australian authorities shall be obtained.

11. The Government of Australia shall exempt from tax the official emoluments paid from Singapore Government funds to members of a Singapore force or civilian component whilst in Australia in respect of their offices under the Government of Singapore, if such emoluments are subject to an income tax in Singapore, provided that nothing herein contained shall prejudice any claims for exemption or relief from taxation under arrangements between the two Governments for the avoidance of double taxation.

12. Personal property which is situated in Australia solely because a member of a Singapore force or of the civilian component or a dependant is in Australia shall, in respect of the holding by transfer by reason of the death of or transfer to or by such a member or dependant, be exempt from taxation under the laws of the Commonwealth of Australia relating to estate and gift duty.

13. The last preceding paragraph shall apply only if the property concerned is subject to and is brought to tax under the laws of Singapore relating to estate or gift tax and shall not apply in relation to:

a. property held as, or for the purpose of, an investment;
b. intangible property registered and copyright subsisting in Australia;
c. property held in connection with the carrying on of any business in Australia.

14. Regulation military uniforms may be imported by a member of a Singapore force for his personal use free of import duties including sales tax.

15. The Singapore Service authorities shall take all possible measures and on request shall render all assistance within their power to the Australian authorities to prevent misuse of the privileges granted and to ensure proper discharge of the obligations imposed under this section and the immediately preceding section. In particular the Singapore Service authorities shall by appropriate administrative instructions bring their rights and obligations to the notice of all members of a Singapore force, civilian component and dependants.

16. This section shall not apply to persons ordinarily resident in Australia.

Section 6 - Entry and Exit
1. The Government of Australia shall facilitate the admission of members of a Singapore Force and of the civilian component and dependants into, and their departure from, Australia in connection with activities agreed upon by the two Governments. Subject to compliance with the formalities established by Australia relating to entry and departure, members of a Singapore force civilian component or dependants shall be exempt from visa and entry permit requirements on entering or leaving the territory of Australia.

2. The undermentioned documents only, which must be presented on demand, shall be required in respect of members of a Singapore force seeking to enter Australia on official duty:

a. personal identity card issued by the appropriate Singapore authority showing full name, date of birth, rank and number (if any), service and photograph;
b. individual or collective movement order issued by an appropriate Singapore authority and certifying to the status of the individual or group as a member or members of the Singapore force; and
c. such documents conforming to standards approved by the Singapore Ministry of Health as may be issued by the appropriate Singapore authorities in satisfaction of Australian health and quarantine regulations.

3. Members of the civilian component and dependants shall be required to be in possession of a valid national passport and a certificate by the appropriate Singapore authority that the holder is a member of the civilian component or a dependant. The certificate will serve in lieu of a visa when travel is undertaken under the authority of movement orders.

4. Members of a Singapore force and of the civilian component and dependants shall be exempt from Australian regulations on registration and control of aliens, but shall not be considered as acquiring any right to permanent residence or domicile in Australia.

5. If a person other than an Australian national admitted into Australia in accordance with this Agreement ceases while still in Australia to be a member of a Singapore force or of the civilian component or a dependant, the Government of Singapore shall, within the framework of and subject to relevant Singapore laws and regulations, take steps to effect the departure from Australia of that person within thirty days of his so ceasing to be such a member or dependant, unless with the approval of the Government of Australia other arrangements are made. Where the former member or dependant has not left Australia at the end of thirty days of his ceasing to be a member or dependant and no other arrangements have been approved by the Government of Australia, the Singapore Service authorities shall thereupon inform the Government of Australia, giving particulars as may be required. Similar notification shall be given to the Government of Australia concerning any members of a Singapore force who, after having been admitted into Australia, absent themselves for more than twenty-one days, otherwise than on approved leave.

6. If the Government of Australia has requested the removal from Australia of a member of a Singapore force or of the civilian component or a dependant admitted in accordance with this Agreement or has made a deportation order against a former member or dependant who has not formally been granted permanent residence in Australia, the Government of Singapore shall be responsible for the transportation from Australia of the person concerned, and, where applicable, his dependants without cost to the Government of Australia.

Section 7 - Uniforms
Members of a Singapore force may wear the uniform of that force while performing official duties in Australia.

Section 8 - Flags
Whenever the flag of Singapore is flown at premises occupied by a Singapore force the flag of Australia shall be flown on a separate and adjacent flagstaff.

Section 9 - Observance of laws
Consistently with agreements for the time being in force between Australia and Singapore members of a Singapore force and the civilian component and dependants shall conform to the laws of Australia including quarantine laws.
ANNEX III
SETTLEMENT OF CLAIMS
Section 1
1. Each Government waives all its claims against the other:

a. for damage (including loss of use) to property in the receiving State belonging to, hired or chartered by either of them and used by their defence forces if such damage:
(1) was caused by an act or omission of a member or an employee of the Defence Force of the other Government and arose out of and in the course of the performance of his official duty; or
(2) arose from the use of vehicles, vessels or aircraft belonging to, hired or chartered by the other Government and being used for the performance of official duties in the receiving State;
b. for maritime salvage where the vessel or cargo salvaged was owned by a Government and being used by its Defence Force for official purposes; and
c. for damages for injury or death suffered by a member of its Defence Force while such member was engaged in his official duties.

2. The two Governments shall consult on the settlement of claims by one against the other arising from damage caused in the ways set out in sub-paragraph (1)(a) of this section to other property belonging to, hired or chartered by either Government or a political sub-division thereof and located in the receiving State.

3. Claims arising out of acts or omissions of a member of a Visiting Force, the civilian component or of other servants or employees of a Visiting Force done in the performance of official duty or arising out of any other act, omission or occurrence for which the sending State is legally responsible, and causing damage in the territory of the receiving State to third parties, other than to either of the two Governments, shall, except when the two Governments otherwise arrange, be dealt with by the Government of the receiving State in accordance with the following provisions:

a. claims shall be filed, considered and settled or adjudicated in accordance with the laws of the receiving State with respect to claims arising from the activities of the Defence Force of the receiving State;
b. the Government of the receiving State may settle such claims, and payment of the amount agreed upon or determined by adjudication shall be made by the Government of the receiving State;
c. such payment, whether made pursuant to a settlement or to adjudication of the case by a competent authority of the receiving State or the final adjudication by such an authority denying payment shall be binding and conclusive discharge of the claim;
d. every claim paid by the Government of the receiving State shall be communicated to the appropriate authorities of the sending State together with full particulars and a proposed distribution in accordance with sub-paragraph 3.e. of this section. In default of a reply within two months the proposed distribution shall be regarded as accepted;
e. the cost incurred in satisfying claims pursuant to the preceding sub-paragraphs of this Clause shall be distributed between the two Governments as follows:
(1) subject to sub-paragraph (3) below, where the Government of the sending State alone is responsible for the damage the amount awarded or adjudged and the costs associated with the settling of the claim shall be distributed in the proportion of 25 per cent chargeable to the Government of the receiving State and 75 per cent chargeable to the Government of the sending State;
(2) where the two Governments are responsible for the damage or it is not possible to attribute responsibility for the damage specifically to either Government such amount shall be distributed equally between them;
(3) where a third party claim arises out of the use of official vehicles of the sending state, sub-paragraph e(1) above shall not apply and the costs associated with the settling of the claim shall be fully chargeable to the government of the sending state.

4. Every three months a statement of the sums paid by each Government shall be sent to the authorities of the other Government together with a request for reimbursement.

5. Paragraphs 3 and 6 of this section shall not apply to contractual claims.

6. A certificate issued by the designated authorities of the sending State that the claim arose out of any act or omission done in the performance of official duty shall be conclusive of that fact.

7. The authorities of the two Governments shall co-operate in the procurement of evidence for a fair hearing and disposal of claims under this section.

8. In the case of any private movable property which is subject to compulsory execution under the law of the receiving State and which is within an area in use by the Visiting Force or the civilian component, the authorities of the sending State shall, upon request, assist the appropriate authorities of the receiving State to take possession of such property.

9. The sending State shall not claim immunity from the jurisdiction of the courts of the receiving State for members of a Visiting Force, the civilian component or dependants in respect of the civil jurisdiction of the courts of the receiving State.
[Signed for the Commonwealth of Australia:]

GARY QUINLAN

Ambassador to Singapore

[Signed for the Republic of Singapore:]

KUAN YUE SHI

President

The Ambassador would sign the agreement. The Prime Minister would reply.

"Very good, let our Minister for Defence know of the forces you plan on sending and it shall be facilitated accordingly...

If you'd like, we see a great deal in maintaining the ongoing relationship. I propose that we have a Singapore-Australia Annual Leaders' Meeting between us that will meet annually as well as a Singapore-Australia Joint Ministerial Committee that will meet biennially between our respective Ministers for Defence and Foreign Affairs. We would also like to fruther the business ties by having our Department for Foreign Affairs and Trade establish an Australian Chamber of Commerce in Singapore. This will allow for Australian businesses to foster connections with Singapore businesses in Singapore."

Owen · Apr 28, 2024

AsianSchnitzel

Owen · Apr 30, 2024

AsianSchnitzel

Owen · May 1, 2024

The Prime Minister would cough.

"Well I'm glad to say we have established the Chamber of Commerce now in Singapore. As for Australia's side of the status of forces agreement the Ambassador has another treaty...."

He would pass her the agreement.

"Thank you Gary."

Agreement between the Government of the Commonwealth of Australia and the Government of the Republic of Singapore regarding external defence

Ambassador
Australian Embassy
SINGAPORE
6 May 2004

President
The Istana
SINGAPORE

My Dear Excellency,

I have the honour to refer to the Meeting in Singapore on the 30 April 2004, to consider matters of common interest to the Government of Australia and the Government of Singapore to the external defence of Singapore. In accordance with the intentions expressed in the above mentioned meeting I now propose that the following arrangements shall apply between the Government of Australia and the Government of Singapore:

1. (a) The Government of Australia shall, as may be agreed from time to time between the two

Governments, furnish the Government of Singapore with assistance of the kind referred to in Annex I to this Note for the training and development of the Singapore Armed Forces.

(b) The Government of Singapore shall afford to the Government of Australia in respect of any Australian force that may be stationed or be present in Singapore with the consent of the Government of Singapore and in respect of the authorised service organisations, civilian component of such size as may be agreed between the two Governments to be necessary and dependants of such a force, rights and facilities in accordance with the provisions of Annex II to this Note.

(c) The provisions contained in Annex III to this Note shall apply to any Australian force that may be present in Singapore with the consent of the Government of Singapore and to the authorised service organisations, civilian component of such size as may be agreed between the two Governments to be necessary and dependants of such a force (including the persons mentioned in Section 8 of that Annex).

(d) The provisions contained in Annex IV to this Note shall apply to the land and facilities made available to the Government of Australia for the purposes of this Note.

(e) The Government of Singapore and the Government of Australia shall afford each other an adequate opportunity for comment upon any major administrative or legislative proposals which may affect the operation of the arrangements described in this Note or in its Annexes.

2. For the purposes of the arrangements described in this Note, or in its Annexes, the terms used therein shall, unless the context otherwise requires, have the following meanings respectively assigned to them:

(a) "installations" means the areas in Singapore made available to the Government of Australia for the purposes of this Note and includes the immovable property and structures situated thereon or built therein;

(b) "Australian force" means any body, contingent, or detachment of any naval, land or air forces of Australia when stationed in the territory of Singapore or when present there in connection with their official duties but does not include loan personnel;

(c) "Australian Service authorities" means the authorities empowered by the law of Australia to exercise command or jurisdiction over members of an Australian force or civilian component or dependants;

(d) "Singapore authorities" means the authority or authorities from time to time authorised or designated by the Government of Singapore for the purpose of exercising the powers in relation to which the expression is used;

(e) "civilian component" means the civilian personnel accompanying an Australian force, who are employed in the service of an Australian force or by an authorised service organisation accompanying an Australian force, or by a department or authority of the Government of Australia having functions relating to the armed forces or to defence matters, and who are not stateless persons, nor nationals of, nor ordinarily resident in, Singapore;

(f) "authorised service organisation" means a body organised for the benefit of, or to serve the welfare of, an Australian force or civilian component or dependants, as may be agreed between the two Governments;

(g) "dependant" means a person not ordinarily resident in Singapore who is the spouse of a member of an Australian force or civilian component or who is wholly or mainly maintained or employed by any such member, or who is in his custody, charge or care, or who forms part of his family.

(h) "loan personnel" means officers and other ranks for the time being provided by Australia to assist in the staffing, administration and training of the Singapore Armed Forces pursuant to the arrangements described in paragraph 1(a) and Annex I of this Note;

(i) "official vehicles" means vehicles, including hired vehicles, which are exclusively in the service of an Australian force or department or authority having functions relating to the armed forces or to defence matters, or authorised service organisations;

(j) the expression "of an Australian force" used in relation to "vessels" or "aircraft" includes vessels and aircraft on charter for the service of an Australian force.

3. If the foregoing is acceptable to the Government of Singapore, I have the honour to propose that this Note and its Annexes together with your reply to that effect shall constitute an Agreement between the two Governments in this matter which shall be deemed to have entered into force on 6 May 2004.

Yours sincerely,
G. QUINLAN,
Ambassador.

ANNEX I
ASSISTANCE BY AUSTRALIA TO THE SINGAPORE ARMED FORCES

The Government of Australia shall provide as may be agreed between the Government of Singapore and the Government of Australia and on such terms, including terms as to payment, as may be agreed:

(a) personnel to assist in the staffing, administration and training of the Singapore Armed Forces;

(b) facilities, including instructional courses abroad, for training members of the Singapore Armed Forces;

(c) expert advice and assistance in operational and technical matters;

(d) use of facilities for the purposes of this Note; and

(e) assistance in the supply of equipment for the Singapore Armed Forces.

ANNEX II
RIGHTS AND FACILITIES

Section 1
Installations

The Government of Singapore shall afford the Government of Australia an adequate opportunity to comment before any development is authorised in the vicinity of the installations, with the exceptions of married quarters, schools, religious and recreational facilities, which in the opinion of the Government of Singapore would hamper their operation or endanger their security.

Section 2
Training

1. The Government of Australia may use such defined land and sea areas, air space and facilities related thereto, as may be agreed between the Government of Australia and the Government of Singapore for the purpose of training or exercising an Australian force and the carrying out of joint exercises with the Singapore Armed Forces or with those of other countries.

2. The Government of Australia shall give the Government of Singapore such prior notice of its intention to use any such areas or air space, or any related facilities, as may be agreed between the two Governments; and the Government of Singapore shall take such measures as may be agreed between the two Governments to restrict civilian movement and activity in the areas or air space concerned during their use by an Australian force, and generally to facilitate the carrying out of such training and exercises.

Section 3
Survey

The Government of Australia may with the agreement of the Singapore authorities conduct such topographical, hydrographical, geodetic and other surveys as may be required for the purposes of this Note in and over the territory and territorial waters of Singapore. The results of such surveys, including relevant maps, air photographs, triangulations and other control data, shall be made available to the Singapore authorities if required.

Section 4
Movement of forces, vessels, aircraft and vehicles

1. The Government of Singapore shall grant to an Australian force, civilian component and dependants, and vessels, aircraft and vehicles of an Australian force, freedom of entry to, egress from and movement between the installations by water, air and land. Australian ships may visit Singapore ports on reasonable notification or in accordance with such operating arrangements as may be agreed between the Singapore authorities and the Australian Service authorities.

2. The Government of Singapore shall grant to an Australian force, civilian component and dependants, and to vessels, aircraft and vehicles of an Australian force, freedom of entry to, egress from and movement in and over the territory and territorial waters of Singapore. Aircraft movements shall normally be made in accordance with such laws and regulations of the Government of Singapore for the control of aircraft as may be agreed with the Australian Service authorities from time to time and the movement of vessels shall be in accordance with the normal international practice and any port laws and regulations.

3. (a) The Government of Australia shall have the right to pass explosives (including ammunition)

through the ports of Singapore and to transport them to any place and to move them to any extent reasonably necessary within Singapore.

(b) The Government of Australia shall indemnify the port authorities and the Government of Singapore against any legally enforceable claim presented against them by reason of the happening during the exercise of any of the rights aforesaid in breach of port by-laws or other laws in Singapore in respect of the transport or storage of explosives of any explosion of such explosives.

(c) The Government of Australia shall pay compensation to the port authorities and to the Government of Singapore for any damage to property of those authorities or of that Government, as the case may be, resulting from any explosion of such explosives during the exercise by the Government of Australia of any of the rights aforesaid.

(d) The indemnity or compensation in any case arising under sub-paragraph (b) or (c) of this paragraph shall be such a sum as is agreed between the Government of Australia and the port authorities or the Government of Singapore (as the case may be), after having taken into account all the circumstances of the case.

Section 5
Control of aircraft, vessels and vehicles

1. Except as may be otherwise agreed between the Government of Australia and the Government of Singapore, the Government of Australia may exercise such control over aircraft, vessels and vehicles entering, leaving and within the installations as may be required for the efficient operation, safety and security of such installations.

2. The Government of Singapore shall arrange for such control over aircraft, vessels and vehicles entering, leaving and within areas near the installations as is agreed between the Government of Australia and the Government of Singapore to be necessary to ensure the efficient operation, safety and security of such installations.

Section 6
Navigational aids

The Government of Singapore shall allow the Government of Australia to install throughout the territory and territorial waters of Singapore such lights and other aids to navigation as the Government of Australia may deem necessary to ensure the proper operation and safety of an Australian force, provided that the location of any such aid shall be agreed with the Government of Singapore.

Section 7
Telecommunications systems

1. The Government of Singapore shall allow an Australian force to construct and use telecommunications systems (including radio, electromagnetic and radar systems) and as necessary to link them with the systems of the Government of Singapore and with other systems inside or outside Singapore, on terms and conditions to be agreed between the Government of Australia and the Government of Singapore.

2. Radio frequencies used by an Australian force will be such frequencies as are requested of the competent authority for Singapore and as assigned and registered for it by that authority.

3. The Government of Singapore shall facilitate the transmission of broadcast programmes suitable for members of an Australian force, civilian component and dependants, and shall, if requested by the Service authorities, permit such authorities to make arrangements for relaying broadcasts within and between the installations.

4. The Government of Australia shall continue to use and be responsible for registered frequencies and powers of emission for their telecommunications, radio and radar systems in Singapore unless otherwise agreed between the Government of Australia and the Government of Singapore; and there shall be agreement between the two Governments about the use by the Government of Australia of new frequencies and powers of emission for their telecommunications, radio and radar systems in Singapore.

Section 8
Postal services

The Government of Singapore shall permit the Government of Australia to operate, if necessary, Post Offices within and postal services in and between the installations and between such installations and other Post Offices within and outside the territory of the Government of Singapore for the exclusive use of the Government of Australia and members of an Australian force, civilian component and dependants, under arrangements agreed with the Government of Singapore.

Section 9
Local purchases

Subject to any wish expressed by the Government of Singapore, the Government of Australia and its contractors and authorised service organisations shall purchase locally goods and commodities which they require for the purposes of this Note if they are available at a suitable price and are of the standard required.

Section 10
Employment of local civilians

Subject to any wish expressed by the Government of Singapore, the Government of Australia and its contractors and authorised service organisations shall employ such local labour as they may require, provided the labour is available and qualified to do the work. The Government of Australia shall have general regard to the laws of Singapore in the employment of such labour, and in the pay and conditions thereof.

Section 11
Use of public services and facilities

1. The Government of Australia may employ and use for an Australian force, authorised service organisations, civilian component and dependants, any and all public utilities, other services and facilities, airfields, ports, harbours, roads, highways, railways, bridges, viaducts, canals, lakes, rivers and streams in Singapore without payment of duties or taxes except charges for services rendered, and otherwise under conditions generally comparable with those applicable from time to time to the Singapore Armed Forces.

2. Where, at the request of the Government of Australia, roads or other public services are developed or maintained to a level which would not have been needed but for such request, the Government of Australia shall make a contribution towards the cost of such development or maintenance as the case may be on a basis to be agreed between the Government of Australia and the Government of Singapore.

Section 12
Construction, development and maintenance of facilities

1. The Government of Australia may with the agreement of the Government of Singapore construct, develop and maintain such facilities as may be necessary for the purposes of this Note.

2. Where such facilities serve the needs of both Governments, the costs shall be borne by the two Governments in such proportions as are agreed between them.

Section 13
Generation and distribution of light and power

Within the installations, the Government of Australia may generate light and power for emergency use in such installations, and transmit and distribute such light and power by means of cables or in any other way whatsoever.

ANNEX III
STATUS OF FORCES

Section 1
Criminal jurisdiction

1. Subject to the provisions of this section:

(a) the Australian Service authorities shall have the right to exercise within Singapore all criminal and disciplinary jurisdiction conferred on them by the law of Australia over members of an Australian force or civilian component or dependants;

(b) the Singapore authorities shall have jurisdiction over the members of an Australian force or civilian component or dependants with respect to offences committed within Singapore and punishable by the law of Singapore.

2. (a) The Australian Service authorities shall have the right to exercise exclusive jurisdiction over

members of an Australian force or civilian component or dependants with respect to offences punishable by the law of Australian but not by the law of Singapore.

(b) The Singapore authorities shall have the right to exercise exclusive jurisdiction over members of an Australian force or civilian component or dependants with respect to offences punishable by the law of Singapore but not by the law of Australia.

3. In cases where the right to exercise jurisdiction is concurrent, the following rules shall apply:

(a) the Australian Service authorities shall have the primary right to exercise jurisdiction over members of an Australian force or civilian component or dependants in relation to:

(i) offences against the security of Australia, offences solely against the property of that country or against the person or property of another member of an Australian force or civilian component or of a dependant;

(ii) offences arising out of any act or omission done in the performance of official duty;

(b) in the case of any other offence, the Singapore authorities shall have the primary right to exercise jurisdiction;

(c) if the authorities having the primary right decide not to exercise jurisdiction, they shall notify the other authorities as soon as practicable. The authorities having the primary right of jurisdiction shall give sympathetic consideration to a request from the other authorities for a waiver of their right in cases where those other authorities consider such waiver to be of particular importance, or where suitable punishment can be applied by disciplinary action without recourse to a court.

4. The foregoing provisions of this section shall not confer any right on the Australian Service authorities to exercise jurisdiction over persons who are nationals of or ordinarily resident in Singapore unless they are members of an Australian force or civilian component or dependants.

5. (a) The Australian Service authorities and the Singapore authorities shall assist each other in

arresting members of an Australian force or civilian component or dependants and handing them over to the authority which is to exercise jurisdiction in accordance with the above provisions. The Australian Service authorities shall assist the Singapore authorities in the arrest within the installations of other offenders against the laws of Singapore.

(b) The Singapore authorities shall give prompt notification to the Australian Service authorities of the arrest of any member of an Australian force or civilian component or a dependant.

(c) The custody of an accused member of an Australian force or civilian component or a dependant over whom the Singapore authorities are to exercise jurisdiction shall remain with the Australian Service authorities until he is brought to trial by the Singapore authorities.

6. (a) The Australian Service authorities and the Singapore authorities shall assist each other in

carrying out all necessary investigations into offences and in the collection and production of evidence relating to an offence. For the purpose of this paragraph, members of the police forces of Singapore may, by arrangement with the Australian Service authorities, have reasonable access to the installations except to premises which are enclosed and under guard.

(b) The Australian Service authorities and the Singapore authorities shall notify each other of the disposition of all cases in which there are concurrent rights to exercise jurisdiction.

7. Where an accused has been tried in accordance with the provisions of this section by the Australian Service authorities or the Singapore authorities as the case may be, and has been acquitted, or has been convicted, he may not be tried again for the same offence by the Australian Service authorities or the Singapore authorities as the case may be. However, nothing in this paragraph shall prevent the Australian Service authorities from trying a member of an Australian force for any violation of rules of discipline arising from an act or omission which constituted an offence for which he was tried by the Singapore authorities.

8. Whenever a member of an Australian force or civilian component or a dependant is prosecuted under the jurisdiction of Singapore he shall be entitled:

(a) to a prompt and speedy trial;

(b) to be informed in advance of trial of the specific charge or charges made against him;

(c) to be confronted with the witnesses against him;

(d) to have compulsory process for obtaining witnesses in his favour if they are within the jurisdiction of Singapore;

(e) to have legal representation of his own choice for his defence, or to have free or assisted legal representation under the conditions prevailing for the time being in Singapore;

(f) to have the services of a competent interpreter; and

(g) to communicate with a representative of his Government and, when the rules of the court permit, to have a representative of that Government present at his trial.

Section 2
Security

1. The Australian Service authorities may take such measures as they deem necessary to ensure the security of the installations and of the equipment, property, records and official information of an Australian force.

2. The Singapore authorities shall cooperate with the Australian Service authorities in taking such steps as from time to time may be necessary to ensure the security of the installations of an Australian force, its members, civilian component and dependants and their property.

3. The Government of Singapore shall enact such legislation and take such other action as is necessary to ensure the adequate security within the territory of Singapore of the installations and of the equipment, property, records and official information of an Australian force, and the punishment of persons who contravene the laws of Singapore relating thereto.

4. An Australian force shall have the right to maintain Service police for the maintenance of discipline within the force and for the security of the installations which it occupies. Such Service police may, with the agreement of and in liaison with the Singapore authorities, be employed outside the installations in so far as such employment may be necessary to maintain the security of such installations or discipline and order among the members of an Australian force.

5. For the maintenance of order and security within any military installations occupied by an Australian force, there may be established, as agreed between the two Governments, an Auxiliary Police Force in accordance with the Police Force Act of Singapore.

Section 3
Compulsory service

Members of an Australian force or civilian component or dependants shall not be subject to any law enacted in Singapore relating to liability for compulsory service of any kind.

Section 4
Carriage of arms

Members of an Australian force may possess and carry arms when authorised to do so by their orders.

Section 5
Exchange control

1. Members of an Australian force or civilian component and dependants shall remain subject to the foreign exchange regulations of Australia but as regards acts done in the territory of Singapore shall also be subject to the exchange control regulations of Singapore in force from time to time.

2. Remittances between Singapore and Australia shall be freely permitted in respect of:

(a) funds derived by members of an Australian force or civilian component from services or employment in connection with the purposes of his Note;

(b) funds belonging to an authorised service organisation and derived from its recognised trading activities; and

(c) funds derived by members of an Australian force or civilian component or dependants or by an authorised service organisation from sources outside Singapore, subject to the regulations of Australia.

3. The preceding paragraphs shall not preclude the transmission into or outside Singapore of foreign exchange instruments representing the official funds of an Australian force.

4. This section shall not apply to persons ordinarily resident in Singapore.

Section 6
Import, export, taxation, etc

1. Save as provided expressly to the contrary in this Annex, members of an Australian force or civilian component and dependants shall be subject to the laws and regulations administered by the customs authorities of Singapore.

2. Official documents under official seal shall not be subject to customs inspection. The package shall be accompanied by a certificate which states that only official documents are enclosed. Samples of the official seals shall be lodged with the customs authorities.

3. (a) An Australian force may import free of duty equipment, material, vehicles, provisions, supplies

and other goods for the exclusive use or consumption of an Australian force or civilian component.

(b) An authorised service organisation may import free of duty and without licence or other restriction reasonable quantities of provisions, supplies and other goods for the exclusive use or consumption of the members of an Australian force or civilian component or dependants.

(c) A member of an Australian force or civilian component or a dependant may import free of duty used portable articles and household effects, and goods by parcel post.

4. A member of an Australian force or civilian component may at the time of or within a reasonable period after his entry into Singapore import temporarily and free of duty a private motor vehicle for his personal use and that of his dependants.

5. Items which have been imported duty free under paragraphs (3) and (4) of this section:

(a) may be re-exported freely, provided that in the case of goods imported under paragraph 3 a certificate is presented to the customs office; the customs authorities may verify that goods re-exported are as described in the certificate and have been imported under the conditions of paragraph 3 or 4 as the case may be;

(b) shall not, if they are owned by a member of an Australian force or civilian component, be disposed of in Singapore by way of either sale or gift except to members of an Australian or a New Zealand or a United States or a United Kingdom force or civilian components or dependants thereof. Disposal otherwise may only be made on such conditions, including payment of duty and taxes and compliance with the requirements of the controls of trade and exchange, as may be imposed by the competent Singapore authorities;

(c) may, if they are owned by an Australian force or by an authorised service organisation, be disposed of in Singapore by public sale, auction, tender or private treaty, provided that:

(i) before doing so the Australian Service authorities concerned shall first offer them for sale at a reasonable price having regard to their condition and other relevant circumstances to the Government of Singapore unless the latter shall have indicated that it is not interested in their acquisition;

(ii) in so disposing of stores or goods the Australian Service authorities concerned shall be liable to pay any duties which would be payable on items so disposed of as if they were imported by a private individual into Singapore at the date of such disposal.

6. The arrangements in paragraph 5(c) above shall cover only the sale or disposal of unforeseen surpluses or damaged items of official stores and equipment. Any such sale or disposal shall not be made in a manner or with such frequency as seriously to compete with or adversely affect legitimate trade or industry in the territory of Singapore. The Government of Australia or the Government of Singapore shall at the request of the other Government be ready at any time to enter into discussions for this purpose should it appear necessary to that other Government.

7. The Australian Service authorities shall be allowed delivery of all fuel, oil and lubricants exclusively for use in official vehicles, aircraft and vessels of an Australian force or civilian component or an authorised service organisation or in the installations, free of all duties and taxes.

8. In paragraphs 3 to 7 of this section:

(a) "duty" means customs duties and all other duties, taxes and ad valorem registration fees payable on importation and exportation as the case may be, except dues and taxes which are no more than charges for services rendered;

(b) "importation" includes withdrawal from customs warehouses or continuous customs custody, provided that the goods concerned have not been grown, produced or manufactured in Singapore.

9. The movement of vessels, vehicles or aircraft of an Australian force in and over the territory and territorial waters of Singapore shall be free from harbour charges and all dues, tolls or taxes, except charges for specific services rendered at the request of the Australian Service authorities.

10. Official vehicles, excluding vehicles hired in Singapore, of an Australian force or civilian component or an authorised service organisation shall be exempt from any regulations relating to the registration of vehicles in Singapore and from any tax payable in respect of the use of such vehicles on the roads of Singapore. However, official vehicles shall carry distinctive number plates, issued by the appropriate Service authorities, which shall readily identify such vehicles.

11. The Singapore authorities shall accept as valid, without a driving test or fee, the driving permit or licence issued by the Australian Service authorities to a member of an Australian force or civilian component for the purpose of driving official vehicles. For the purpose of driving other vehicles, a driving permit or licence issued by the Singapore authorities shall be obtained.

12. Authorised service organisations shall be exempt in Singapore from taxes on income and profits, and shall not be liable to the Singapore laws governing the constitution, management, conduct and taxation of companies or other organisations as such.

13. The Government of Singapore shall exempt from tax the official emoluments paid from Australian Government funds to members of an Australian force or civilian component whilst in Singapore, in respect of their offices under the Government of Australia, if such emoluments are subject to an income tax in Australia, provided that nothing herein contained shall prejudice any claims for exemption or relief from taxation under arrangements between the two Governments for the avoidance of double taxation.

14. The Australian Service authorities shall take all possible measures and on request shall render all assistance within their power to the Singapore authorities to prevent misuse of the privileges granted and to ensure proper discharge of the obligations imposed under this section and the immediately preceding section. In particular the Australian Service authorities shall by appropriate administrative instructions bring their rights and obligations to the notice of all members of an Australian force, civilian component and dependants.

15. This section shall not apply to persons ordinarily resident in Singapore.

Section 7
Entry and exit

Subject to compliance with the formalities established by Singapore relating to entry and departure, members of an Australian force or civilian component or dependants shall be exempt from passport and visa regulations and immigration inspection on entering or leaving the territory of Singapore. They shall also be exempt from the regulations of Singapore authorities on the registration and control of aliens, but shall not be considered as acquiring any right to permanent residence or domicile in the territory of Singapore.

Section 8
Persons in transit to and from Malaysia

1. For the purposes of this section, the definitions of "Australian force", "civilian component" and "dependant" (as set out in paragraph 2 of the Note) shall have effect as if any reference therein to the territory of Singapore included a reference to the territory of Malaysia, and the definition of "loan personnel" (as so set out) shall have effect as if, at the end, there were added the words "or the armed forces of Malaysia pursuant to similar arrangements made with the Government of Malaysia".

2. The provisions of Sections 1, 4, 6 and 7 of this Annex shall apply in relation to members of an Australian force or civilian component or dependants at any time when in the territory of Singapore being in transit to or from Malaysia or when in it for the purposes of their official duty as members of such a force or component.

ANNEX IV
LAND

1. (a) The Government of Singapore shall make available to the Government of Australia for the

purposes of this Note, and for the duration of the Defence arrangement to which it relates, the land and facilities described in Schedules I and II attached hereto as follows:

(i) Schedule I - Land required for military units;

(ii) Schedule II - Married Quarters and other areas.

(b) The use of the land (and any structures thereon) as described in Schedule I may be extended to the New Zealand, United States and United Kingdom Service authorities in accordance with arrangements agreed between the Governments of New Zealand, the United States and the United Kingdom and the Government of Singapore.

(c) The use of the land (and any structures thereon) as described in Schedule II may, with the prior agreement of the Government of Singapore, be extended to the New Zealand, United States and United Kingdom Service authorities in accordance with arrangements agreed between the Governments of New Zealand, the United States and the United Kingdom and the Government of Singapore.

2. The Australian Service authorities shall, with the prior agreement of the Government of Singapore, also have use of the land (including the structures thereon) provided by the Government of Singapore to the Governments of New Zealand, the United States and the United Kingdom on terms set out in paragraph 4 hereunder.

3. All user-rights which prior to this Exchange of Notes were exercisable by the Government of the United Kingdom for the benefit and more convenient use of any land (including any structures thereon) to which Schedule I applies shall be so exercisable by the Government of Australia for the purposes of this Note.

4. (a) No rental shall be payable by the Government of Australia in respect of the land to which

Schedule I to this Annex applies, but the Government of Australia shall pay to the Government of Singapore such contributions as may from time to time be agreed between them in respect of services ordinarily related to the payment of property tax and which benefit the land (including any structures thereon) to which Schedule I refers;

(b) Annual rentals based on 75 per cent of the prevailing market rentals for the married quarters made available in Schedule II to this Annex shall be payable by the Government of Australia to the Government of Singapore. The Government of Australia shall be responsible for the upkeep and maintenance of such married quarters;

(c) Annual rentals based on 4 per cent of the capital values of schools and sports/recreational facilities made available in Schedule II to this Annex shall be payable by the Government of Australia to the Government of Singapore. The Government of Australia shall be responsible for the upkeep and maintenance of such facilities.

5. The Government of Singapore shall endeavour to make available such further land and facilities as may be required by the Government of Australia for the purposes of this Note upon terms to be agreed between them.

6. The Government of Singapore shall have the right to request the Government of Australia to vacate any land in Schedules I and II to this Annex. No compensation shall be payable in such an event provided, however, that if any of the military facilities listed in Schedule I to this Annex is required to be vacated, the Government of Singapore shall endeavour to make available an alternative site in lieu thereof.

7. When land in Schedules I and II made available to the Government of Australia for the purposes of this Note is no longer required for such purposes, such land, together with all immovable assets created thereon, shall be surrendered to the Government of Singapore, without any compensation for improvements. The Government of Australia shall not be obliged to leave any land and facilities in Schedules I and II to this Annex in the condition in which they were before occupation or use by the Australian Service authorities.

8. The Government of Australia shall be at liberty to make hirings of private property for the purposes of this Note.

[Signed for the Commonwealth of Australia:]

X

Ambassador to Singapore

[Signed for the Republic of Singapore:]

X

President

"As you can see, Schedules I and II are not included in this treaty yet as that sets out the land allocated to our forces in Singapore, which we will need to come to an agreement on. What is Singapore willing to offer to Australia in terms of being able to base air forces, naval forces and land forces? We are considering Sembawang for naval and land forces and possibly Paya Lebar or Changi for air forces. Sembawang is okay for helicopters, which only our navy and army operate anyway, but its runway is a bit short. Paya Lebar and Changi have runways suitable for large transport aircraft."

AsianSchnitzel

OneMaharlika · May 1, 2024

The President begins to sign the second external forces agreement between Singapore and Australia.

"also we would like to agree to establish the chamber of commerce agreement so there will be more economic benefit our part as well in regards to the business sector."

Thank you Owen

Owen · May 1, 2024

The Ambassador would place his signature on the second agreement.

Owen said:
Agreement between the Government of the Commonwealth of Australia and the Government of the Republic of Singapore regarding external defence
Ambassador
Australian Embassy
SINGAPORE
6 May 2004

President
The Istana
SINGAPORE
My Dear Excellency,

I have the honour to refer to the Meeting in Singapore on the 30 April 2004, to consider matters of common interest to the Government of Australia and the Government of Singapore to the external defence of Singapore. In accordance with the intentions expressed in the above mentioned meeting I now propose that the following arrangements shall apply between the Government of Australia and the Government of Singapore:

1. (a) The Government of Australia shall, as may be agreed from time to time between the two

Governments, furnish the Government of Singapore with assistance of the kind referred to in Annex I to this Note for the training and development of the Singapore Armed Forces.
(b) The Government of Singapore shall afford to the Government of Australia in respect of any Australian force that may be stationed or be present in Singapore with the consent of the Government of Singapore and in respect of the authorised service organisations, civilian component of such size as may be agreed between the two Governments to be necessary and dependants of such a force, rights and facilities in accordance with the provisions of Annex II to this Note.
(c) The provisions contained in Annex III to this Note shall apply to any Australian force that may be present in Singapore with the consent of the Government of Singapore and to the authorised service organisations, civilian component of such size as may be agreed between the two Governments to be necessary and dependants of such a force (including the persons mentioned in Section 8 of that Annex).
(d) The provisions contained in Annex IV to this Note shall apply to the land and facilities made available to the Government of Australia for the purposes of this Note.
(e) The Government of Singapore and the Government of Australia shall afford each other an adequate opportunity for comment upon any major administrative or legislative proposals which may affect the operation of the arrangements described in this Note or in its Annexes.

2. For the purposes of the arrangements described in this Note, or in its Annexes, the terms used therein shall, unless the context otherwise requires, have the following meanings respectively assigned to them:

(a) "installations" means the areas in Singapore made available to the Government of Australia for the purposes of this Note and includes the immovable property and structures situated thereon or built therein;
(b) "Australian force" means any body, contingent, or detachment of any naval, land or air forces of Australia when stationed in the territory of Singapore or when present there in connection with their official duties but does not include loan personnel;
(c) "Australian Service authorities" means the authorities empowered by the law of Australia to exercise command or jurisdiction over members of an Australian force or civilian component or dependants;
(d) "Singapore authorities" means the authority or authorities from time to time authorised or designated by the Government of Singapore for the purpose of exercising the powers in relation to which the expression is used;
(e) "civilian component" means the civilian personnel accompanying an Australian force, who are employed in the service of an Australian force or by an authorised service organisation accompanying an Australian force, or by a department or authority of the Government of Australia having functions relating to the armed forces or to defence matters, and who are not stateless persons, nor nationals of, nor ordinarily resident in, Singapore;
(f) "authorised service organisation" means a body organised for the benefit of, or to serve the welfare of, an Australian force or civilian component or dependants, as may be agreed between the two Governments;
(g) "dependant" means a person not ordinarily resident in Singapore who is the spouse of a member of an Australian force or civilian component or who is wholly or mainly maintained or employed by any such member, or who is in his custody, charge or care, or who forms part of his family.
(h) "loan personnel" means officers and other ranks for the time being provided by Australia to assist in the staffing, administration and training of the Singapore Armed Forces pursuant to the arrangements described in paragraph 1(a) and Annex I of this Note;
(i) "official vehicles" means vehicles, including hired vehicles, which are exclusively in the service of an Australian force or department or authority having functions relating to the armed forces or to defence matters, or authorised service organisations;
(j) the expression "of an Australian force" used in relation to "vessels" or "aircraft" includes vessels and aircraft on charter for the service of an Australian force.

3. If the foregoing is acceptable to the Government of Singapore, I have the honour to propose that this Note and its Annexes together with your reply to that effect shall constitute an Agreement between the two Governments in this matter which shall be deemed to have entered into force on 6 May 2004.

Yours sincerely,
G. QUINLAN,
Ambassador.

ANNEX I
ASSISTANCE BY AUSTRALIA TO THE SINGAPORE ARMED FORCES
The Government of Australia shall provide as may be agreed between the Government of Singapore and the Government of Australia and on such terms, including terms as to payment, as may be agreed:

(a) personnel to assist in the staffing, administration and training of the Singapore Armed Forces;
(b) facilities, including instructional courses abroad, for training members of the Singapore Armed Forces;
(c) expert advice and assistance in operational and technical matters;
(d) use of facilities for the purposes of this Note; and
(e) assistance in the supply of equipment for the Singapore Armed Forces.
ANNEX II
RIGHTS AND FACILITIES
Section 1
Installations

The Government of Singapore shall afford the Government of Australia an adequate opportunity to comment before any development is authorised in the vicinity of the installations, with the exceptions of married quarters, schools, religious and recreational facilities, which in the opinion of the Government of Singapore would hamper their operation or endanger their security.

Section 2
Training

1. The Government of Australia may use such defined land and sea areas, air space and facilities related thereto, as may be agreed between the Government of Australia and the Government of Singapore for the purpose of training or exercising an Australian force and the carrying out of joint exercises with the Singapore Armed Forces or with those of other countries.

2. The Government of Australia shall give the Government of Singapore such prior notice of its intention to use any such areas or air space, or any related facilities, as may be agreed between the two Governments; and the Government of Singapore shall take such measures as may be agreed between the two Governments to restrict civilian movement and activity in the areas or air space concerned during their use by an Australian force, and generally to facilitate the carrying out of such training and exercises.

Section 3
Survey

The Government of Australia may with the agreement of the Singapore authorities conduct such topographical, hydrographical, geodetic and other surveys as may be required for the purposes of this Note in and over the territory and territorial waters of Singapore. The results of such surveys, including relevant maps, air photographs, triangulations and other control data, shall be made available to the Singapore authorities if required.

Section 4
Movement of forces, vessels, aircraft and vehicles

1. The Government of Singapore shall grant to an Australian force, civilian component and dependants, and vessels, aircraft and vehicles of an Australian force, freedom of entry to, egress from and movement between the installations by water, air and land. Australian ships may visit Singapore ports on reasonable notification or in accordance with such operating arrangements as may be agreed between the Singapore authorities and the Australian Service authorities.

2. The Government of Singapore shall grant to an Australian force, civilian component and dependants, and to vessels, aircraft and vehicles of an Australian force, freedom of entry to, egress from and movement in and over the territory and territorial waters of Singapore. Aircraft movements shall normally be made in accordance with such laws and regulations of the Government of Singapore for the control of aircraft as may be agreed with the Australian Service authorities from time to time and the movement of vessels shall be in accordance with the normal international practice and any port laws and regulations.

3. (a) The Government of Australia shall have the right to pass explosives (including ammunition)

through the ports of Singapore and to transport them to any place and to move them to any extent reasonably necessary within Singapore.
(b) The Government of Australia shall indemnify the port authorities and the Government of Singapore against any legally enforceable claim presented against them by reason of the happening during the exercise of any of the rights aforesaid in breach of port by-laws or other laws in Singapore in respect of the transport or storage of explosives of any explosion of such explosives.
(c) The Government of Australia shall pay compensation to the port authorities and to the Government of Singapore for any damage to property of those authorities or of that Government, as the case may be, resulting from any explosion of such explosives during the exercise by the Government of Australia of any of the rights aforesaid.
(d) The indemnity or compensation in any case arising under sub-paragraph (b) or (c) of this paragraph shall be such a sum as is agreed between the Government of Australia and the port authorities or the Government of Singapore (as the case may be), after having taken into account all the circumstances of the case.

Section 5
Control of aircraft, vessels and vehicles

1. Except as may be otherwise agreed between the Government of Australia and the Government of Singapore, the Government of Australia may exercise such control over aircraft, vessels and vehicles entering, leaving and within the installations as may be required for the efficient operation, safety and security of such installations.

2. The Government of Singapore shall arrange for such control over aircraft, vessels and vehicles entering, leaving and within areas near the installations as is agreed between the Government of Australia and the Government of Singapore to be necessary to ensure the efficient operation, safety and security of such installations.

Section 6
Navigational aids

The Government of Singapore shall allow the Government of Australia to install throughout the territory and territorial waters of Singapore such lights and other aids to navigation as the Government of Australia may deem necessary to ensure the proper operation and safety of an Australian force, provided that the location of any such aid shall be agreed with the Government of Singapore.

Section 7
Telecommunications systems

1. The Government of Singapore shall allow an Australian force to construct and use telecommunications systems (including radio, electromagnetic and radar systems) and as necessary to link them with the systems of the Government of Singapore and with other systems inside or outside Singapore, on terms and conditions to be agreed between the Government of Australia and the Government of Singapore.

2. Radio frequencies used by an Australian force will be such frequencies as are requested of the competent authority for Singapore and as assigned and registered for it by that authority.

3. The Government of Singapore shall facilitate the transmission of broadcast programmes suitable for members of an Australian force, civilian component and dependants, and shall, if requested by the Service authorities, permit such authorities to make arrangements for relaying broadcasts within and between the installations.

4. The Government of Australia shall continue to use and be responsible for registered frequencies and powers of emission for their telecommunications, radio and radar systems in Singapore unless otherwise agreed between the Government of Australia and the Government of Singapore; and there shall be agreement between the two Governments about the use by the Government of Australia of new frequencies and powers of emission for their telecommunications, radio and radar systems in Singapore.

Section 8
Postal services

The Government of Singapore shall permit the Government of Australia to operate, if necessary, Post Offices within and postal services in and between the installations and between such installations and other Post Offices within and outside the territory of the Government of Singapore for the exclusive use of the Government of Australia and members of an Australian force, civilian component and dependants, under arrangements agreed with the Government of Singapore.

Section 9
Local purchases

Subject to any wish expressed by the Government of Singapore, the Government of Australia and its contractors and authorised service organisations shall purchase locally goods and commodities which they require for the purposes of this Note if they are available at a suitable price and are of the standard required.

Section 10
Employment of local civilians

Subject to any wish expressed by the Government of Singapore, the Government of Australia and its contractors and authorised service organisations shall employ such local labour as they may require, provided the labour is available and qualified to do the work. The Government of Australia shall have general regard to the laws of Singapore in the employment of such labour, and in the pay and conditions thereof.

Section 11
Use of public services and facilities

1. The Government of Australia may employ and use for an Australian force, authorised service organisations, civilian component and dependants, any and all public utilities, other services and facilities, airfields, ports, harbours, roads, highways, railways, bridges, viaducts, canals, lakes, rivers and streams in Singapore without payment of duties or taxes except charges for services rendered, and otherwise under conditions generally comparable with those applicable from time to time to the Singapore Armed Forces.

2. Where, at the request of the Government of Australia, roads or other public services are developed or maintained to a level which would not have been needed but for such request, the Government of Australia shall make a contribution towards the cost of such development or maintenance as the case may be on a basis to be agreed between the Government of Australia and the Government of Singapore.

Section 12
Construction, development and maintenance of facilities

1. The Government of Australia may with the agreement of the Government of Singapore construct, develop and maintain such facilities as may be necessary for the purposes of this Note.

2. Where such facilities serve the needs of both Governments, the costs shall be borne by the two Governments in such proportions as are agreed between them.

Section 13
Generation and distribution of light and power

Within the installations, the Government of Australia may generate light and power for emergency use in such installations, and transmit and distribute such light and power by means of cables or in any other way whatsoever.
ANNEX III
STATUS OF FORCES
Section 1
Criminal jurisdiction

1. Subject to the provisions of this section:

(a) the Australian Service authorities shall have the right to exercise within Singapore all criminal and disciplinary jurisdiction conferred on them by the law of Australia over members of an Australian force or civilian component or dependants;
(b) the Singapore authorities shall have jurisdiction over the members of an Australian force or civilian component or dependants with respect to offences committed within Singapore and punishable by the law of Singapore.

2. (a) The Australian Service authorities shall have the right to exercise exclusive jurisdiction over

members of an Australian force or civilian component or dependants with respect to offences punishable by the law of Australian but not by the law of Singapore.
(b) The Singapore authorities shall have the right to exercise exclusive jurisdiction over members of an Australian force or civilian component or dependants with respect to offences punishable by the law of Singapore but not by the law of Australia.

3. In cases where the right to exercise jurisdiction is concurrent, the following rules shall apply:

(a) the Australian Service authorities shall have the primary right to exercise jurisdiction over members of an Australian force or civilian component or dependants in relation to:
(i) offences against the security of Australia, offences solely against the property of that country or against the person or property of another member of an Australian force or civilian component or of a dependant;
(ii) offences arising out of any act or omission done in the performance of official duty;
(b) in the case of any other offence, the Singapore authorities shall have the primary right to exercise jurisdiction;
(c) if the authorities having the primary right decide not to exercise jurisdiction, they shall notify the other authorities as soon as practicable. The authorities having the primary right of jurisdiction shall give sympathetic consideration to a request from the other authorities for a waiver of their right in cases where those other authorities consider such waiver to be of particular importance, or where suitable punishment can be applied by disciplinary action without recourse to a court.

4. The foregoing provisions of this section shall not confer any right on the Australian Service authorities to exercise jurisdiction over persons who are nationals of or ordinarily resident in Singapore unless they are members of an Australian force or civilian component or dependants.

5. (a) The Australian Service authorities and the Singapore authorities shall assist each other in

arresting members of an Australian force or civilian component or dependants and handing them over to the authority which is to exercise jurisdiction in accordance with the above provisions. The Australian Service authorities shall assist the Singapore authorities in the arrest within the installations of other offenders against the laws of Singapore.
(b) The Singapore authorities shall give prompt notification to the Australian Service authorities of the arrest of any member of an Australian force or civilian component or a dependant.
(c) The custody of an accused member of an Australian force or civilian component or a dependant over whom the Singapore authorities are to exercise jurisdiction shall remain with the Australian Service authorities until he is brought to trial by the Singapore authorities.

6. (a) The Australian Service authorities and the Singapore authorities shall assist each other in

carrying out all necessary investigations into offences and in the collection and production of evidence relating to an offence. For the purpose of this paragraph, members of the police forces of Singapore may, by arrangement with the Australian Service authorities, have reasonable access to the installations except to premises which are enclosed and under guard.
(b) The Australian Service authorities and the Singapore authorities shall notify each other of the disposition of all cases in which there are concurrent rights to exercise jurisdiction.

7. Where an accused has been tried in accordance with the provisions of this section by the Australian Service authorities or the Singapore authorities as the case may be, and has been acquitted, or has been convicted, he may not be tried again for the same offence by the Australian Service authorities or the Singapore authorities as the case may be. However, nothing in this paragraph shall prevent the Australian Service authorities from trying a member of an Australian force for any violation of rules of discipline arising from an act or omission which constituted an offence for which he was tried by the Singapore authorities.

8. Whenever a member of an Australian force or civilian component or a dependant is prosecuted under the jurisdiction of Singapore he shall be entitled:

(a) to a prompt and speedy trial;
(b) to be informed in advance of trial of the specific charge or charges made against him;
(c) to be confronted with the witnesses against him;
(d) to have compulsory process for obtaining witnesses in his favour if they are within the jurisdiction of Singapore;
(e) to have legal representation of his own choice for his defence, or to have free or assisted legal representation under the conditions prevailing for the time being in Singapore;
(f) to have the services of a competent interpreter; and
(g) to communicate with a representative of his Government and, when the rules of the court permit, to have a representative of that Government present at his trial.

Section 2
Security

1. The Australian Service authorities may take such measures as they deem necessary to ensure the security of the installations and of the equipment, property, records and official information of an Australian force.

2. The Singapore authorities shall cooperate with the Australian Service authorities in taking such steps as from time to time may be necessary to ensure the security of the installations of an Australian force, its members, civilian component and dependants and their property.

3. The Government of Singapore shall enact such legislation and take such other action as is necessary to ensure the adequate security within the territory of Singapore of the installations and of the equipment, property, records and official information of an Australian force, and the punishment of persons who contravene the laws of Singapore relating thereto.

4. An Australian force shall have the right to maintain Service police for the maintenance of discipline within the force and for the security of the installations which it occupies. Such Service police may, with the agreement of and in liaison with the Singapore authorities, be employed outside the installations in so far as such employment may be necessary to maintain the security of such installations or discipline and order among the members of an Australian force.

5. For the maintenance of order and security within any military installations occupied by an Australian force, there may be established, as agreed between the two Governments, an Auxiliary Police Force in accordance with the Police Force Act of Singapore.

Section 3
Compulsory service

Members of an Australian force or civilian component or dependants shall not be subject to any law enacted in Singapore relating to liability for compulsory service of any kind.

Section 4
Carriage of arms

Members of an Australian force may possess and carry arms when authorised to do so by their orders.

Section 5
Exchange control

1. Members of an Australian force or civilian component and dependants shall remain subject to the foreign exchange regulations of Australia but as regards acts done in the territory of Singapore shall also be subject to the exchange control regulations of Singapore in force from time to time.

2. Remittances between Singapore and Australia shall be freely permitted in respect of:

(a) funds derived by members of an Australian force or civilian component from services or employment in connection with the purposes of his Note;
(b) funds belonging to an authorised service organisation and derived from its recognised trading activities; and
(c) funds derived by members of an Australian force or civilian component or dependants or by an authorised service organisation from sources outside Singapore, subject to the regulations of Australia.

3. The preceding paragraphs shall not preclude the transmission into or outside Singapore of foreign exchange instruments representing the official funds of an Australian force.

4. This section shall not apply to persons ordinarily resident in Singapore.

Section 6
Import, export, taxation, etc

1. Save as provided expressly to the contrary in this Annex, members of an Australian force or civilian component and dependants shall be subject to the laws and regulations administered by the customs authorities of Singapore.

2. Official documents under official seal shall not be subject to customs inspection. The package shall be accompanied by a certificate which states that only official documents are enclosed. Samples of the official seals shall be lodged with the customs authorities.

3. (a) An Australian force may import free of duty equipment, material, vehicles, provisions, supplies

and other goods for the exclusive use or consumption of an Australian force or civilian component.
(b) An authorised service organisation may import free of duty and without licence or other restriction reasonable quantities of provisions, supplies and other goods for the exclusive use or consumption of the members of an Australian force or civilian component or dependants.
(c) A member of an Australian force or civilian component or a dependant may import free of duty used portable articles and household effects, and goods by parcel post.

4. A member of an Australian force or civilian component may at the time of or within a reasonable period after his entry into Singapore import temporarily and free of duty a private motor vehicle for his personal use and that of his dependants.

5. Items which have been imported duty free under paragraphs (3) and (4) of this section:

(a) may be re-exported freely, provided that in the case of goods imported under paragraph 3 a certificate is presented to the customs office; the customs authorities may verify that goods re-exported are as described in the certificate and have been imported under the conditions of paragraph 3 or 4 as the case may be;
(b) shall not, if they are owned by a member of an Australian force or civilian component, be disposed of in Singapore by way of either sale or gift except to members of an Australian or a New Zealand or a United States or a United Kingdom force or civilian components or dependants thereof. Disposal otherwise may only be made on such conditions, including payment of duty and taxes and compliance with the requirements of the controls of trade and exchange, as may be imposed by the competent Singapore authorities;
(c) may, if they are owned by an Australian force or by an authorised service organisation, be disposed of in Singapore by public sale, auction, tender or private treaty, provided that:
(i) before doing so the Australian Service authorities concerned shall first offer them for sale at a reasonable price having regard to their condition and other relevant circumstances to the Government of Singapore unless the latter shall have indicated that it is not interested in their acquisition;
(ii) in so disposing of stores or goods the Australian Service authorities concerned shall be liable to pay any duties which would be payable on items so disposed of as if they were imported by a private individual into Singapore at the date of such disposal.

6. The arrangements in paragraph 5(c) above shall cover only the sale or disposal of unforeseen surpluses or damaged items of official stores and equipment. Any such sale or disposal shall not be made in a manner or with such frequency as seriously to compete with or adversely affect legitimate trade or industry in the territory of Singapore. The Government of Australia or the Government of Singapore shall at the request of the other Government be ready at any time to enter into discussions for this purpose should it appear necessary to that other Government.

7. The Australian Service authorities shall be allowed delivery of all fuel, oil and lubricants exclusively for use in official vehicles, aircraft and vessels of an Australian force or civilian component or an authorised service organisation or in the installations, free of all duties and taxes.

8. In paragraphs 3 to 7 of this section:

(a) "duty" means customs duties and all other duties, taxes and ad valorem registration fees payable on importation and exportation as the case may be, except dues and taxes which are no more than charges for services rendered;
(b) "importation" includes withdrawal from customs warehouses or continuous customs custody, provided that the goods concerned have not been grown, produced or manufactured in Singapore.

9. The movement of vessels, vehicles or aircraft of an Australian force in and over the territory and territorial waters of Singapore shall be free from harbour charges and all dues, tolls or taxes, except charges for specific services rendered at the request of the Australian Service authorities.

10. Official vehicles, excluding vehicles hired in Singapore, of an Australian force or civilian component or an authorised service organisation shall be exempt from any regulations relating to the registration of vehicles in Singapore and from any tax payable in respect of the use of such vehicles on the roads of Singapore. However, official vehicles shall carry distinctive number plates, issued by the appropriate Service authorities, which shall readily identify such vehicles.

11. The Singapore authorities shall accept as valid, without a driving test or fee, the driving permit or licence issued by the Australian Service authorities to a member of an Australian force or civilian component for the purpose of driving official vehicles. For the purpose of driving other vehicles, a driving permit or licence issued by the Singapore authorities shall be obtained.

12. Authorised service organisations shall be exempt in Singapore from taxes on income and profits, and shall not be liable to the Singapore laws governing the constitution, management, conduct and taxation of companies or other organisations as such.

13. The Government of Singapore shall exempt from tax the official emoluments paid from Australian Government funds to members of an Australian force or civilian component whilst in Singapore, in respect of their offices under the Government of Australia, if such emoluments are subject to an income tax in Australia, provided that nothing herein contained shall prejudice any claims for exemption or relief from taxation under arrangements between the two Governments for the avoidance of double taxation.

14. The Australian Service authorities shall take all possible measures and on request shall render all assistance within their power to the Singapore authorities to prevent misuse of the privileges granted and to ensure proper discharge of the obligations imposed under this section and the immediately preceding section. In particular the Australian Service authorities shall by appropriate administrative instructions bring their rights and obligations to the notice of all members of an Australian force, civilian component and dependants.

15. This section shall not apply to persons ordinarily resident in Singapore.

Section 7
Entry and exit

Subject to compliance with the formalities established by Singapore relating to entry and departure, members of an Australian force or civilian component or dependants shall be exempt from passport and visa regulations and immigration inspection on entering or leaving the territory of Singapore. They shall also be exempt from the regulations of Singapore authorities on the registration and control of aliens, but shall not be considered as acquiring any right to permanent residence or domicile in the territory of Singapore.

Section 8
Persons in transit to and from Malaysia

1. For the purposes of this section, the definitions of "Australian force", "civilian component" and "dependant" (as set out in paragraph 2 of the Note) shall have effect as if any reference therein to the territory of Singapore included a reference to the territory of Malaysia, and the definition of "loan personnel" (as so set out) shall have effect as if, at the end, there were added the words "or the armed forces of Malaysia pursuant to similar arrangements made with the Government of Malaysia".

2. The provisions of Sections 1, 4, 6 and 7 of this Annex shall apply in relation to members of an Australian force or civilian component or dependants at any time when in the territory of Singapore being in transit to or from Malaysia or when in it for the purposes of their official duty as members of such a force or component.
ANNEX IV
LAND
1. (a) The Government of Singapore shall make available to the Government of Australia for the

purposes of this Note, and for the duration of the Defence arrangement to which it relates, the land and facilities described in Schedules I and II attached hereto as follows:
(i) Schedule I - Land required for military units;
(ii) Schedule II - Married Quarters and other areas.
(b) The use of the land (and any structures thereon) as described in Schedule I may be extended to the New Zealand, United States and United Kingdom Service authorities in accordance with arrangements agreed between the Governments of New Zealand, the United States and the United Kingdom and the Government of Singapore.
(c) The use of the land (and any structures thereon) as described in Schedule II may, with the prior agreement of the Government of Singapore, be extended to the New Zealand, United States and United Kingdom Service authorities in accordance with arrangements agreed between the Governments of New Zealand, the United States and the United Kingdom and the Government of Singapore.

2. The Australian Service authorities shall, with the prior agreement of the Government of Singapore, also have use of the land (including the structures thereon) provided by the Government of Singapore to the Governments of New Zealand, the United States and the United Kingdom on terms set out in paragraph 4 hereunder.

3. All user-rights which prior to this Exchange of Notes were exercisable by the Government of the United Kingdom for the benefit and more convenient use of any land (including any structures thereon) to which Schedule I applies shall be so exercisable by the Government of Australia for the purposes of this Note.

4. (a) No rental shall be payable by the Government of Australia in respect of the land to which

Schedule I to this Annex applies, but the Government of Australia shall pay to the Government of Singapore such contributions as may from time to time be agreed between them in respect of services ordinarily related to the payment of property tax and which benefit the land (including any structures thereon) to which Schedule I refers;
(b) Annual rentals based on 75 per cent of the prevailing market rentals for the married quarters made available in Schedule II to this Annex shall be payable by the Government of Australia to the Government of Singapore. The Government of Australia shall be responsible for the upkeep and maintenance of such married quarters;
(c) Annual rentals based on 4 per cent of the capital values of schools and sports/recreational facilities made available in Schedule II to this Annex shall be payable by the Government of Australia to the Government of Singapore. The Government of Australia shall be responsible for the upkeep and maintenance of such facilities.

5. The Government of Singapore shall endeavour to make available such further land and facilities as may be required by the Government of Australia for the purposes of this Note upon terms to be agreed between them.

6. The Government of Singapore shall have the right to request the Government of Australia to vacate any land in Schedules I and II to this Annex. No compensation shall be payable in such an event provided, however, that if any of the military facilities listed in Schedule I to this Annex is required to be vacated, the Government of Singapore shall endeavour to make available an alternative site in lieu thereof.

7. When land in Schedules I and II made available to the Government of Australia for the purposes of this Note is no longer required for such purposes, such land, together with all immovable assets created thereon, shall be surrendered to the Government of Singapore, without any compensation for improvements. The Government of Australia shall not be obliged to leave any land and facilities in Schedules I and II to this Annex in the condition in which they were before occupation or use by the Australian Service authorities.

8. The Government of Australia shall be at liberty to make hirings of private property for the purposes of this Note.
[Signed for the Commonwealth of Australia:]

GARY QUINLAN

Ambassador to Singapore

[Signed for the Republic of Singapore:]

KUAN YUE SHI

President

"There doesn't need to be an agreement on a Chamber of Commerce, we've established it by decree of the government. It's not a bilateral agreement between us, it's just us stating we're going to establish one.

As for the schedules on our second agreement. You didn't address this but we do have some proposals." She would hand him the tentative schedules.

ANNEX IV
SCHEDULE I

Land required for military units made available to the Government of Australia.

Planning Area:	Description:
Sembawang (22)	Former Sembawang Naval Base Headquarters Buildings and Stores Basin
Sembawang (22)	Former HMS Terror Barracks
Sembawang (22)	Former Suara Wireless Transmitting Station
Sembawang (22)	Former British Defence Singapore Support Unit facility
Sembawang (22)	Former HMS Simbang Barracks and Training Area
Sembawang (22)	Dieppe Barracks
Sembawang (22)	Former Admirality House
Sembawang (22)	118 King's Avenue
Sembawang (22)	122 King's Avenue
Sembawang (22)	124 King's Avenue
Sembawang (22)	128 King's Avenue
Sembawang (22)	Sembawang Air Base
Yishun (26)	Nee Soon Camp
Sungei Kadut (24)	Former Kranji Wireless Transmitting Station
Changi (14)	Former Changi Hospital
Western Water Catchment (45)	Tengah Air Base

ANNEX IV
SCHEDULE II

Married quarter and other areas made available to the Government of Australia.

Planning Area:	Description:	Numbers of Married Quarters:
Seletar (31)	Seletar Air Base Married Quarter area, including families' Club, recreational establishments, cinema, Dental Centre, Family Ward, Church and other facilities	354
Changi (14)	Changi Air Base Married Quarter areas, including recreational establishments, Church and other facilities	237
Western Water Catchment (45)	Tengah Air Base Married Quarter areas, including recreational establishments, Church and other facilities	234
Changi (14)	Lloyd Leas Married Quarter Estate	175

"This would allow for facilities for air operations, including both fixed-wing at Tengah Air Base and rotary-wing at Sembawang Air Base, naval docking at Sembawang, senior commanders housing on King's Avenue, land forces at Nee Soon Camp and Dieppe Barracks, naval communications facilities, and 1,000 married quarters."

AsianSchnitzel

OneMaharlika · May 2, 2024

"for the second agreement, although many would consider this as a modern interpretation of losing part of sovereignty, our unique geographical location is in need of protection, and that protection should have always come from Singapore traditional allies since world war 2, Australia's key strategic locations as a gateway to the western democracies will ensure any banana republics within the region to keeps unwanted eyes away from our city state, and if unwanted eyes are present, then at least it may deter potential aggressive actions against us."

"So we shall agree to all proposals on the basis of mutual reciprocation and equality from partners and allies in the region, in ensuring a 50-50, equal benefits from all parties."

"We are aware this revitalizes old biases and unwanted attention so we expect these agreements to be used in the interests of both our nations especially in securing our borders in highly fragile world."

If there are other points of discussion please don't hesitate to address them. for we are not limiting our interests to military agreements of course."
Owen

Owen · May 3, 2024

"I'll take that as an accepting of the proposed schedules to the external defence agreement." Gary would pass the Prime Minister the Free Trade Agreement.

SINGAPORE-AUSTRALIA FREE TRADE AGREEMENT (SAFTA)

PREAMBLE

Australia and Singapore ("the Parties")

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

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

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

Building on their rights, obligations and undertakings, and other multilateral, regional and bilateral agreements and arrangements;

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

Mindful of the goals of free and open trade and investment;

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

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

Believing that their cooperative framework could be a dynamic one that also covers newer areas of economic cooperation;

Have agreed as follows:

01 OBJECTIVES AND GENERAL DEFINITIONS

ARTICLE 1
Objectives

The objectives of the Parties in concluding this Agreement are:

(a) to strengthen the relationship between them;

(b) to liberalise trade in goods and services between them and to establish a framework conducive for bilateral investments;

(c) to support the wider liberalisation process in the Asia-Pacific Economic Cooperation consistent with its goals of free and open trade and investment;

(d) to build upon their commitments at the World Trade Organization, and to support its efforts to create a predictable, and more free and open global trading environment;

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

(f) to establish a framework of transparent rules to govern trade and investment between them; and

(g) to explore newer areas of economic cooperation.

ARTICLE 2
General Definitions

For the purposes of this Agreement:

(a) "days" means calendar days, including weekends and holidays;

(b) "goods" and "products" shall be understood to have the same meaning unless the context otherwise requires;

(c) (i) the term "territory" means, in respect of the Republic of Singapore, the territory of the Republic

of Singapore as well as the territorial sea and any maritime area situated beyond the territorial sea which has been or might in the future be designated under its national law, in accordance with international law, as an area within which Singapore may exercise rights with regards to the sea, the sea-bed, the subsoil and the natural resources;

(ii) the term "territory", in respect of Australia, includes:

(A) the Territory of Norfolk Island, the Territory of Christmas Island, the Territory of Cocos (Keeling) Islands, the Territory of Ashmore and Cartier Islands, the Territory of Heard Island and McDonald Islands, and the Coral Sea Islands Territory; an

(B) Australia's territorial sea, contiguous zone, exclusive economic zone and continental shelf; and

02 TRADE IN GOODS

ARTICLE 1
Definitions

For the purposes of this Chapter:

(a) "customs duties" means any duties or charges of any kind imposed in connection with the importation of a good, and any surtaxes or surcharges imposed in connection with such importation, but does not include:

(i) charges equivalent to an internal tax including excise duties and a goods and services tax;

(ii) fees or other charges that:

(A) are limited in amount to the approximate cost of services rendered; and

(B) do not represent a direct or indirect protection for domestic goods or a taxation of imports for fiscal purposes; and

(iii) any anti-dumping or countervailing duty;

(b) "export subsidy" means there is a financial contribution by a government or any public body within the territory of a Party where:

(i) a government practice involves a direct transfer of funds (e.g. grants, loans, and equity infusion), potential direct transfers of funds or liabilities (e.g. loan guarantees);

(ii) government revenue that is otherwise due is foregone or not collected (e.g. fiscal incentives such as tax credit);

(iii) a government provides goods or services other than general infrastructure, or purchases goods;

(iv) a government makes payments to a funding mechanism, or entrusts or directs a private body to carry out one or more of the type of functions illustrated in (i) to (iii) above which would normally be vested in the government and the practice, in no real sense, differs from practices normally followed by government.

ARTICLE 2
National Treatment on Internal Taxation and Regulation

Each Party shall accord national treatment to the goods of the other Party.

ARTICLE 3
Customs Duties

1. Each Party shall eliminate all customs duties on goods originating in the territory of the other Party that meet the requirements for "originating goods" as set out in Chapter 3 (Rules of Origin). All customs duties on such goods shall thereby be free from the date of entry into force of this Agreement.

2. The classification of goods traded between the Parties shall be in conformity with the Harmonized Commodity Description and Coding System (HS).

ARTICLE 4
Customs Value

The Parties shall determine the customs value of goods traded between them.

ARTICLE 5
Export Duties

A Party shall not impose export duties on the goods set out in Annex 1 (Export Duties), when exported from its territory to the territory of the other Party.

ARTICLE 6
Non-tariff Measures

1. Neither Party shall adopt or maintain any non-tariff measures on the importation of any good of the other Party or on the exportation of any good destined for the territory of the other Party except in accordance with its rights and obligations or in accordance with other provisions of this Agreement.

2. Each Party shall ensure the transparency of its non-tariff measures permitted under Article 6.1 and that they are not prepared, adopted or applied with a view to or with the effect of creating unnecessary obstacles to trade between the Parties.

ARTICLE 7
Subsidies and Countervailing Measures

The Parties agree to prohibit export subsidies on all goods, including agricultural goods.

ARTICLE 8
Anti-Dumping Measures

1. The Parties agree to observe the following practices in anti-dumping cases between them:

(a) the time frame to be used for determining the volume of dumped imports in an investigation or review shall be representative of the imports of both dumped and non-dumped goods, for a reasonable period, and such reasonable period shall normally be at least 12 months;

(b) if a decision is taken to impose an anti-dumping duty, the Party taking such a decision, shall normally apply the "lesser duty" rule, by imposing a duty which is less than the dumping margin where such lesser duty would be adequate to remove the injury to the domestic industry; and

(c) notification procedures shall be as follows:

(i) immediately following the acceptance by a Party of a properly documented application from an industry in that Party for the initiation of an anti-dumping investigation in respect of goods from the other Party, the first Party shall immediately inform the other Party;

(ii) where a Party considers that there is sufficient evidence to justify the initiation of an anti-dumping investigation, it shall give written notice to the other Party and shall act in accordance with Article 17.2 of that Agreement concerning consultations.

2. At reviews of this Agreement under Article 3 (Review) of Chapter 17 (Final Provisions), the Parties shall review this Article.

ARTICLE 9
Safeguard Measures

A Party shall not initiate or take any safeguard measure against the goods of the other Party from the date of entry into force of this Agreement.

ARTICLE 10
Transparency

1. Laws, regulations, judicial decisions and administrative rulings of general application, made effective by any contracting party, pertaining to the classification or the valuation of products for customs purposes, or to rates of duty, taxes or other charges, or to requirements, restrictions or prohibitions on imports or exports or on the transfer of payments therefor, or affecting their sale, distribution, transportation, insurance, warehousing inspection, exhibition, processing, mixing or other use, shall be published promptly in such a manner as to enable governments and traders to become acquainted with them. Agreements affecting international trade policy which are in force between the government or a governmental agency of any contracting party and the government or governmental agency of any other contracting party shall also be published. The provisions of this paragraph shall not require any contracting party to disclose confidential information which would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of particular enterprises, public or private.

2. No measure of general application taken by any contracting party effecting an advance in a rate of duty or other charge on imports under an established and uniform practice, or imposing a new or more burdensome requirement, restriction or prohibition on imports, or on the transfer of payments therefor, shall be enforced before such measure has been officially published.

3. (a) Each contracting party shall administer in a uniform, impartial and reasonable manner all its laws, regulations, decisions and rulings of the kind described in paragraph 1 of this Article.

(b) Each contracting party shall maintain, or institute as soon as practicable, judicial, arbitral or administrative tribunals or procedures for the purpose, inter alia, of the prompt review and correction of administrative action relating to customs matters. Such tribunals or procedures shall be independent of the agencies entrusted with administrative enforcement and their decisions shall be implemented by, and shall govern the practice of, such agencies unless an appeal is lodged with a court or tribunal of superior jurisdiction within the time prescribed for appeals to be lodged by importers; Provided that the central administration of such agency may take steps to obtain a review of the matter in another proceeding if there is good cause to believe that the decision is inconsistent with established principles of law or the actual facts.

(c) The provisions of subparagraph (b) of this paragraph shall not require the elimination or substitution of procedures in force in the territory of a contracting party on the date of this Agreement which in fact provide for an objective and impartial review of administrative action even though such procedures are not fully or formally independent of the agencies entrusted with administrative enforcement. Any contracting party employing such procedures shall, upon request, furnish the CONTRACTING PARTIES with full information thereon in order that they may determine whether such procedures conform to the requirements of this subparagraph.

ARTICLE 11
Measures to Safeguard the Balance of Payments

Where a Party is in serious balance of payments and external financial difficulties or threat thereof, it may, adopt restrictive import measures.

ARTICLE 12
General Exceptions

Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties where the same conditions prevail, or a disguised restriction on international trade, nothing in this Chapter shall be construed to prevent the adoption or enforcement by a Party of measures:

(a) necessary to protect public morals;

(b) necessary to protect human, animal or plant life or health;

(c) relating to the importations or exportations of gold or silver;

(d) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Chapter, including those relating to customs enforcement, the enforcement of monopolies, the protection of patents, trade marks and copyrights, and the prevention of deceptive practices;

(e) relating to the products of prison labour;

(f) imposed for the protection of national treasures of artistic, historic or archaeological value;

(g) relating to the conservation of exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption;

(h) undertaken in pursuance of obligations under any intergovernmental commodity agreement and not disapproved by it or which is itself so submitted and not so disapproved;

(i) involving restrictions on exports of domestic materials necessary to ensure essential quantities of such materials to a domestic processing industry during periods when the domestic price of such materials is held below the world price as part of a governmental stabilization plan; Provided that such restrictions shall not operate to increase the exports of or the protection afforded to such domestic industry, and shall not depart from the provisions of this Chapter relating to non-discrimination;

(j) essential to the acquisition or distribution of products in general or local short supply; Provided that any such measures shall be consistent with the principle that all nation states are entitled to an equitable share of the international supply of such products, and that any such measures, which are inconsistent with the other provisions of this Chapter shall be discontinued as soon as the conditions giving rise to them have ceased to exist.

ARTICLE 13
Security Exceptions

Nothing in this Chapter shall be construed:

(a) to require any Party to furnish any information the disclosure of which it considers contrary to its essential security interests;

(b) to prevent any Party from taking any action which it considers necessary for the protection of its essential security interests:

(i) relating to fissionable materials or the materials from which they are derived;

(ii) relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment;

(iii) taken in time of war or other emergency in international relations; or

(c) to prevent any Party from taking any action in pursuance of its obligations under the Global Assembly Charter for the maintenance of international peace and security.

03 RULES OF ORIGIN

ARTICLE 1
Definitions

For the purposes of this Chapter:

(a) "allowable cost to manufacture" means the sum of:

(i) the allowable expenditure on materials by the principal manufacturer calculated in accordance with Article 6 (Calculation of Costs - Allowable Expenditure on Materials); and

(ii) the allowable expenditure on labour by the principal manufacturer calculated in accordance with Article 7 (Calculation of Costs - Allowable Expenditure on Labour); and

(iii) the allowable expenditure on overheads by the principal manufacturer calculated in accordance with Article 8 (Calculation of Costs - Allowable Expenditure on Overheads);

(b) "Certificate of Origin" means a certificate complying with the requirements of Annex 2A (Certificate of Origin Requirements);

(c) "Declaration" means a declaration made in accordance with Article 11.6;

(d) "Generally Accepted Accounting Principles" means the recognised consensus or substantial authoritative support in the territory of a Party, with respect to the recording of revenues, expenses, costs, assets and liabilities; the disclosure of information; and the preparation of financial statements. These standards may encompass broad guidelines of general application as well as detailed standards, practices and procedures;

(e) "inner container" includes any container into which goods or materials, as the case may be, are packed, other than a shipping or airline container, pallet or other similar article;

(f) "input" means any matter or substance used or consumed in the manufacture or production of materials (other than matter or substance that is treated as an overhead);

(g) "manufacture" means the creation of an article essentially different from the matters or substances that go into such manufacture. Manufacture does not include the following activities, performed alone or in combination with each other:

(i) restoration or renovation processes such as repairing, re-conditioning, overhauling or refurbishing;

(ii) minimal operations such as pressing, labelling, ticketing, packaging and preparation for sale, conducted alone or in combination with each other; or

(iii) quality control inspections;

(h) "material" means any matter or substance purchased by the principal manufacturer, and used or consumed in the processing of goods that are exported to the territory of the importing Party (other than matter or substance that is treated as an overhead);

(i) "originating goods", as used in Chapter 2 (Trade in Goods) and this Chapter, means goods that qualify as originating in accordance with the relevant provisions of Section A of this Chapter;

(j) "preferential tariff treatment" means the customs duty rate that is applicable to an originating good pursuant to Article 3.1 of Chapter 2 (Trade in Goods);

(k) "principal manufacturer" means the person in the territory of a Party who performs, or has had performed on its behalf, the last process of manufacture of the goods;

(l) "process" means any operation performed on the goods and includes:

(i) a process of manufacture;

(ii) minimal operations such as pressing, labelling, ticketing, packaging and preparation for sale, conducted alone or in combination with each other; and

(iii) quality control inspections;

(m) "production", in relation to wholly obtained goods, means growing, mining, harvesting, fishing, hunting, gathering, trapping, capturing, farming, cultivating[1] or otherwise obtaining wholly obtained goods;

(n.) "producer", in relation to wholly obtained goods, means a person who grows, mines, harvests, fishes, hunts, gathers, traps, captures, farms, cultivates or otherwise obtains wholly obtained goods;

(o) "produce", in relation to wholly obtained goods, means to grow, mine, harvest, fish, hunt, gather, trap, capture, farm, cultivate or otherwise obtain wholly obtained goods;

(p) "total cost to manufacture" means the sum of:

(i) the total expenditure on materials by the principal manufacturer calculated in accordance with Article 5 (Calculation of Costs - Total Expenditure on Materials);

(ii) the allowable expenditure on labour by the principal manufacturer calculated in accordance with Article 7 (Calculation of Costs - Allowable Expenditure on Labour);

(iii) the allowable expenditure on overheads by the principal manufacturer calculated in accordance with Article 8 (Calculation of Costs - Allowable Expenditure on Overheads); and

(iv) where applicable, the total expenditure by the principal manufacturer on a process, or processes, in the manufacture of the goods performed in the territory of a non-Party calculated in accordance with Article 9 (Calculation of Costs - Total Expenditure on Overseas Processing Costs);

(q) "unmanufactured raw products" means:

(i) natural or primary products that have not been subjected to an industrial process, other than an ordinary process of primary production, and includes:

(A) animals and products obtained from animals, including greasy wool;

(B) plants and products obtained from plants;

(C) minerals in their natural state and ores; and

(D) crude petroleum;

OR

(ii) raw materials recovered in the territory of a Party from waste and scrap;

(r) "waste and scrap" means only waste and scrap that:

(i) have been derived from manufacturing operations or consumption; and

(ii) are fit only for the recovery of raw materials; and

(s) "wholly obtained goods" means unmanufactured raw products, or waste and scrap.

ARTICLE 2
Recording of Costs and Tariff Classification

For the purposes of this Chapter:

(a) all costs shall be recorded and maintained in accordance with the Generally Accepted Accounting Principles applicable in the territory of the Party in which the goods are produced or manufactured; and

(b) the basis for tariff classification is the Harmonized Commodity Description and Coding System.

Section A: Origin Conferment
ARTICLE 3
Originating Goods

1. Goods shall be deemed originating goods of a Party where they are:

(a) wholly obtained goods produced in the territory of that Party;

(b) goods wholly manufactured in that Party from one or more of the following:

(i) unmanufactured raw products;

(ii) waste and scrap produced in the territory of either Party;

(iii) materials wholly manufactured within the territory of either Party; and/or

(iv) materials that are determined by both Parties to be materials meeting the requirements of Article 3.1(b)(iii);

(c) goods partly manufactured in that Party, provided that the following conditions are met:

(i) that in relation to any goods:

(A) the last process of manufacture was performed in the territory of that Party by, or on behalf of, the principal manufacturer; and

(B) the allowable cost to manufacture the goods is not less than the percentage of the total cost to manufacture the goods specified below:

(I) 30% for the goods specified in Annex 2D (List of Goods Subject to 30% Threshold); or

(II) 50% for all other goods;

OR

(ii) that in relation to any goods where:

(A) one or more processes of manufacture was or were performed in the territory of that Party by, or on behalf of, the principal manufacturer;

(B) one or more processes was or were performed in the territory of that Party by, or on behalf of, the principal manufacturer immediately prior to export of the goods to the territory of the other Party;

(C) the principal manufacturer in that Party incurred all the costs associated with any process performed in the territory of a non-Party; and

(D) the allowable cost to manufacture the goods is not less than the percentage of the total cost to manufacture the goods specified below:

(I) 30% for the goods specified in Annex 2D (List of Goods Subject to 30% Threshold); or

(II) 50% for all other goods.

2. Where a specific shipment or shipments of identical goods within a specified period, but for unforeseen circumstances, would have complied with Article 3.1(c), the importing Party may determine that:

(a) the percentage of 30% can be read as 28%; or

(b) the percentage of 50% can be read as 48%.

3. In exceptional circumstances, the importing Party may allow a further derogation to the percentages set out in Article 3.1(c) for a specific period in relation to particular goods, or goods of a specific class or kind, in accordance with procedures to be agreed between the Parties.

ARTICLE 4
Calculation of Costs - General Provisions

1. For the purposes of Article 3.1(c)(i):

(a) the allowable cost to manufacture the goods excludes:

(i) the cost of any material purchased by the principal manufacturer and subsequently processed in the territory of a non-Party; and

(ii) the cost of processing (including the cost of labour or overheads) any material referred to in (i) above that is performed, whether in the territory of a Party or a non-Party, up until the return of the processed material to the territory of a Party; and

(b) where minimal operations or quality control inspections are conducted by, or on behalf of, the principal manufacturer, in the territory of a Party, as part of a manufacturing process, the costs of those operations or the quality control inspections, to the extent that they relate to the cost of materials, labour or overheads, can be included in the calculation of the total expenditure on materials and the allowable expenditure on materials, labour and overheads, as appropriate.

2. For the purposes of Article 3.1(c)(ii), the allowable cost to manufacture the goods excludes the cost of processing (including the cost of labour or overheads) any material in the territory of a non-Party.

3. Where a Party finds that any input, material, labour, overhead or overseas processing cost was provided free of charge or at a price that is inconsistent with the normal market value of that input, material, labour, overhead or overseas processing cost, as the case may be, an adjustment may be made by that Party to ensure that the input, material, labour, overhead or overseas processing cost reflects the normal market value. Any such adjustment made by the exporting Party shall be subject to approval of the importing Party.

4. In the calculation of the total cost to manufacture and the allowable cost to manufacture the goods, a cost incurred, whether directly or indirectly, by the principal manufacturer of the goods, must not be taken into account more than once.

ARTICLE 5
Calculation of Costs - Total Expenditure on Materials

Subject to the provisions of Article 4 (Calculation of Costs - General Provisions), for the purposes of ascertaining the total cost to manufacture the goods, as required by Article 3 (Originating Goods), the total expenditure on materials by the principal manufacturer shall be calculated in accordance with the following provisions:

(a) subject to Articles 5(b) and 5(c), the total expenditure on materials by the principal manufacturer is the amount incurred, directly or indirectly, by the principal manufacturer for all materials;

(b) the following costs that form part of the amount incurred, directly or indirectly, by the principal manufacturer for a material shall be included in the total expenditure on materials by the principal manufacturer:

(i) freight, insurance, shipping and packing costs, and all other costs incurred in transporting the material to the first place in the territory of either Party at which a process is performed on that material by, or on behalf, of the principal manufacturer; and

(ii) customs brokerage fees on the material paid in the territory of one or both Parties; and

(c) the following costs, imposed on the materials by either Party, that form part of the amount incurred, directly or indirectly, by the principal manufacturer for a material, shall be excluded from the total expenditure on materials by the principal manufacturer:

(i) a customs or excise duty; and

(ii) a tax in the nature of a sales tax, a goods and services tax, an anti-dumping duty or a countervailing duty.

ARTICLE 6
Calculation of Costs - Allowable Expenditure on Materials

Subject to the provisions of Article 4 (Calculation of Costs - General Provisions), for the purposes of ascertaining the allowable cost to manufacture the goods, as required by Article 3 (Originating Goods), the allowable expenditure on materials by the principal manufacturer shall be calculated in accordance with the following provisions:

(a) subject to Articles 6(b) to 6(d), the allowable expenditure on materials by the principal manufacturer is the amount incurred, directly or indirectly, by the principal manufacturer for all materials, in the form purchased by the principal manufacturer, that were manufactured or produced in the territory of either Party;

(b) the following costs that form part of the amount incurred, directly or indirectly, by the principal manufacturer for a material specified in Article 6(a) shall be included in the allowable expenditure on materials by the principal manufacturer:

(i) freight, insurance, shipping and packing costs, and all other costs incurred in transporting the material to the first place in the territory of either Party at which a process is performed on that material by, or on behalf of, the principal manufacturer; and

(ii) customs brokerage fees on the material paid in the territory of one or both Parties;

(c) the following costs that form part of the amount incurred, directly or indirectly, by the principal manufacturer for a material specified in Article 6(a) shall be excluded from the allowable expenditure on materials by the principal manufacturer:

(i) a customs or excise duty;

(ii) a tax in the nature of a sales tax, a goods and services tax, an anti-dumping duty or a countervailing duty, imposed on the materials by either Party; and

(iii) the cost of any input that, in the form it was received by the manufacturer or producer of the material, was not manufactured or produced in the territory of either Party, unless Article 6(d) applies; and

(d) where, in relation to a particular material, other than a material that is provided for processing in a non-Party, the total cost of all inputs that would otherwise be excluded from the allowable expenditure on materials by the principal manufacturer by virtue of Article 6(c)(iii), does not exceed 50% of the total expenditure on that material by the principal manufacturer, as calculated in accordance with Article 5(a), the total cost of those inputs may be included in the allowable expenditure on materials by the principal manufacturer.

ARTICLE 7
Calculation of Costs - Allowable Expenditure on Labour

Subject to the provisions of Article 4 (Calculation of Costs - General Provisions), for the purposes of ascertaining the total cost to manufacture and the allowable cost to manufacture the goods, as required by Article 3 (Originating Goods), the allowable expenditure on labour by the principal manufacturer shall be the sum of the part of each cost set out in Section (i) (Labour Costs) of Annex 2B (Allowable Labour and Overhead Costs):

(a) that is incurred, directly or indirectly, by the principal manufacturer;

(b) that relates, directly or indirectly, and wholly or partly, to the processing of the goods in the territory of the Party; and

(c) that can reasonably be allocated to the processing of the goods in the territory of the Party.

ARTICLE 8
Calculation of Costs - Allowable Expenditure on Overheads

Subject to the provisions of Article 4 (Calculation of Costs - General Provisions), for the purposes of ascertaining the total cost to manufacture and allowable cost to manufacture the goods, as required by Article 3 (Originating Goods), the allowable expenditure on overheads by the principal manufacturer shall be the sum of the part of each cost set out in Section (ii) (Overheads) of Annex 2B (Allowable Labour and Overhead Costs):

(a) that is incurred, directly or indirectly, by the principal manufacturer; and

(b) that relates, directly or indirectly, and wholly or partly, to the processing of the goods in the territory of the Party; and

(c) that can reasonably be allocated to the processing of the goods in the territory of the Party.

ARTICLE 9
Calculation of Costs - Total Expenditure on Overseas Processing Costs

Subject to the provisions of Article 4 (Calculation of Costs - General Provisions), for the purposes of ascertaining the total cost to manufacture the goods, as required by Article 3 (Originating Goods), the total expenditure by the principal manufacturer on a process, or processes, performed in the territory of the non-Party shall be the sum of that part of each cost:

(a) that is incurred, directly or indirectly, by the principal manufacturer; and

(b) that relates, directly or indirectly, and wholly or partly, to the processing of the goods in the territory of a non-Party, including any associated transport costs; and

(c) that can reasonably be allocated to the processing of the goods in the territory of the non-Party.

Section B: Consignment Criteria
ARTICLE 10
Consignment

Preferential tariff treatment shall apply only to originating goods of a Party where they are:

(a) transported directly from the territory of that Party to the territory of the other Party;

(b) transported through the territories of one or more non-Parties, provided that the goods:

(i) did not undergo operations other than packing, packaging, unloading, reloading or operations to preserve them in good condition in the territory of any such non-Party; and

(ii) were not traded or used in the territory of any such non-Party; or

(c) transported from a non-Party where minimal operations were performed immediately after import from the Party in which the last process of manufacture was performed and immediately prior to export to the other Party.

Section C: Documentary Evidence
ARTICLE 11
Certification of Origin

1. The exporting Party shall provide the opportunity for a principal manufacturer, a producer or an exporter to apply to an authorised body referred to in Annex 2A (Certificate of Origin Requirements) for a Certificate of Origin.

2. An application for a Certificate of Origin and a Certificate of Origin shall meet the requirements of Annex 2A (Certificate of Origin Requirements).

3. A Certificate of Origin shall be valid for multiple shipments of the goods described therein that are exported within two years from the date of issue, provided that the first shipment occurs within the first year of issue and the Certificate of Origin has not been revoked.

4. The exporting Party may revoke a Certificate of Origin by notice in writing. A revoked Certificate of Origin shall have no force from the date specified in that notice.

5. The exporting Party shall forward a copy of a notice revoking a Certificate of Origin to the applicant for the Certificate of Origin and to the importing Party, immediately upon the issue of that notice.

6. The exporting Party shall require that an exporter of goods, for which preferential tariff treatment is claimed, must declare in writing, prior to the export of those goods, that the goods are originating goods. The Declaration shall be completed by a representative of the exporter competent to make the Declaration and must include:

(a) a reference to the exporter's invoice for the goods;

(b) a statement that the goods are identical to goods specified in a valid Certificate of Origin nominated in the Declaration;

(c) a statement that the goods are originating goods that comply with the rule specified in the nominated Certificate of Origin; and

(d) the signature, name and designation of the exporter's representative, and the date the Declaration is signed.

7. Where the exporter of the goods is not the producer or principal manufacturer of the goods, the exporting Party shall require that, prior to making a Declaration pursuant to Article 11.6, the exporter must ensure that the producer or principal manufacturer has a copy of the relevant Certificate of Origin and has obtained from that producer or principal manufacturer written confirmation that the goods are originating goods. The confirmation shall be completed by the representative of the producer or principal manufacturer who is competent to make the confirmation, and shall include:

(a) a reference to the evidence of sale of the goods between the producer or principal manufacturer and the exporter;[2]

(b) a statement that the goods are identical to goods specified in a valid Certificate of Origin nominated in the confirmation;

(c) a statement that the goods are originating goods that comply with the rule specified in the nominated Certificate of Origin; and

(d) the signature, name and designation of the principal manufacturer's representative, and the date the confirmation is signed.

ARTICLE 12
Claim for Preferential Tariff Treatment

1. Subject to Article 12.2, the importing Party shall grant preferential tariff treatment to goods imported into its territory from the other Party, provided that the goods are originating goods, the consignment criteria specified in Article 10 (Consignment) have been met, and the importer claiming preferential tariff treatment:

(a) has a valid Certificate of Origin and a Declaration relevant to those goods in its possession when claiming preferential tariff treatment; and

(b) provides a copy of that Certificate of Origin and that Declaration if requested by the importing Party.

2. The importing Party may waive the requirement for a Certificate of Origin or a Declaration in certain circumstances, in accordance with its domestic laws and practices.

3. The importing Party shall grant preferential tariff treatment to goods imported after the date of entry into force of this Agreement and for which no preferential tariff treatment was earlier applied, if:

(a) the claim for preferential tariff treatment is made within 12 months from the date of payment of customs duties, subject to domestic laws and practices in the importing Party; and

(b) the importer provides a copy of the valid Certificate of Origin and Declaration relevant to those goods.

ARTICLE 13
Records

1. Each Party shall require that:

(a) a producer, a principal manufacturer or an exporter that obtains a Certificate of Origin, an exporter that makes a Declaration pursuant to Article 11.6, or a producer or principal manufacturer that makes a confirmation pursuant to Article 11.7 must maintain, for 5 years from the date of the Certificate of Origin, Declaration or confirmation, as the case may be, all records relating to the origin of the goods for which preferential tariff treatment is claimed in the importing Party, including records associated with:

(i) the purchase of, cost of, value of, and payment for, the goods that were exported from its territory;

(ii) the purchase of, cost of, value of, and payment for, all materials used or consumed in the manufacture or production of the goods that were exported from its territory;

(iii) the manufacture or production of the goods in the form in which the goods were exported from its territory; and

(iv) the Certificate of Origin, Declaration and confirmation, as the case may be, relevant to the goods; and

(b) an importer claiming preferential tariff treatment must maintain, for 5 years after the date of importation of the goods, all records relating to the importation of the goods, including a copy of the Certificate of Origin and the Declaration relevant to those goods.

2. The records to be maintained pursuant to this Article shall include electronic records. Any such records in electronic form shall be maintained in accordance with the domestic laws and practices of the relevant Party.

ARTICLE 14
Origin Verifications

1. The importing Party may verify the eligibility of goods for preferential tariff treatment in accordance with its domestic laws and practices.

2. Verification of eligibility for preferential tariff treatment may include either Party taking the following courses of action, in accordance with mutually agreed procedures:
(a) instituting measures to establish the validity of the Certificate of Origin, Declaration or confirmation;
(b) issuing written questionnaires to be completed within a period of 30 days;
(c) requesting the supply of records relating to the production, manufacture or export of the goods; and
(d) visiting the factory or premises of the producer, principal manufacturer, or exporter or any other party in the territory of a Party associated with the production, manufacture, import or export, of the goods or of the materials or inputs used therein.

3. The importing Party shall notify the exporting Party when it approaches any party listed in Article 14.2(d) within the territory of the exporting Party during an action to verify eligibility.

4. The importing Party shall not visit the factory or premises of any party listed in Article 14.2(d) within the territory of the exporting Party without the prior consent of that party.

5. To the extent allowed by its domestic laws and practices, the exporting Party shall fully co-operate in any action to verify eligibility and shall require that producers, manufacturers and exporters co-operate in any action to verify eligibility.

6. Action to verify eligibility for preferential tariff treatment shall be completed and a decision shall be made within 90 days of the commencement of such action. Written advice as to whether goods are eligible for preferential tariff treatment must be provided to all relevant parties within 10 days of the decision being made.

ARTICLE 15
Suspension and Denial of Preferential Tariff Treatment

1. Notwithstanding Article 12.1, the importing Party may suspend the application of preferential tariff treatment to goods that are the subject of origin verification action under Article 14 (Origin Verifications) for the duration of that action, or any part thereof.

2. The importing Party may deny a claim for preferential tariff treatment or recover unpaid duties where:

(a) the goods do or did not meet the requirements of this Chapter;

(b) the producer, principal manufacturer, exporter, or importer of goods fails or has failed to comply with any of the relevant requirements for obtaining preferential tariff treatment; or

(c) action taken under Article 14 (Origin Verifications) failed to verify eligibility of the goods for preferential tariff treatment.

Section D: Review and Appeal of Origin Determinations
ARTICLE 16
Review and Appeal

The importing Party shall grant the right of appeal in matters relating to eligibility for preferential tariff treatment to producers, principal manufacturers, exporters or importers of goods traded or to be traded between the Parties, in accordance with its domestic laws and practices.

Section E: Consultation and Modifications
ARTICLE 17
Consultation and Modifications

1. The Parties shall consult and cooperate to ensure that this Chapter is applied in an effective and uniform manner, in accordance with the spirit and the objectives of this Agreement.

2. In the event of any change to the coverage of goods in Section (ii) of Annex 2D (List of Goods Subject to 30% Threshold) which significantly affects a Party's principal manufacturer, producer or exporter, the Parties shall enter into consultations on the possibility of including the goods in question into Section (i) of Annex 2D (List of Goods Subject to 30% Threshold).

04 CUSTOMS PROCEDURES

ARTICLE 1
Purpose and Definitions

1. The purpose of this Chapter is to promote the objectives of this Agreement by simplifying customs procedures in relation to bilateral trade between the Parties.

2. For the purposes of this Chapter:

(a) "customs law" means any statutory and regulatory provisions applicable or enforceable by the respective customs administration of each Party; and

(b) "customs procedures" means the treatment applied by the customs administration of each Party to goods which are subject to customs control.

ARTICLE 2
Scope

This Chapter shall apply, in accordance with the Parties' respective national laws, rules and regulations, to customs procedures required for clearance of goods traded between the Parties.

ARTICLE 3
General Provisions

1. Customs procedures of both Parties shall conform, where possible and to the extent permitted by their respective domestic laws, rules and regulations, to the standards and recommended practices of any international agreement.

2. The customs administrations of both Parties shall periodically review their customs procedures with a view to their further simplification and the development of further mutually beneficial arrangements to facilitate bilateral trade.

3. To the extent permitted by their domestic laws, rules and regulations, the Customs administrations of both Parties shall provide each other with information to assist in the investigation and prevention of infringements of customs law.

4. Nothing in this Chapter shall be construed to require either Party to furnish or allow access to information the disclosure of which it considers would:

(a) be contrary to the public interest as determined by its law, rules and regulations;

(b) be contrary to any of its laws, rules and regulations including but not limited to those protecting personal privacy or the financial affairs and accounts of individual customers of financial institutions; or

(c) impede law enforcement.

ARTICLE 4
Paperless Trading

1. The customs administrations of both Parties, in implementing initiatives which provide for the use of paperless trading, shall take into account the methodologies agreed in international agreements.

2. The customs administration of each Party shall work towards having electronic means for all its customs reporting requirements as soon as practicable.

3. The customs administration of each Party shall provide electronic systems that support business applications between it and its trading community.

ARTICLE 5
Risk Management

1. The Parties shall administer customs procedures at their respective borders so as to facilitate the clearance of low-risk goods and focus on high-risk goods.

2. The Parties shall apply and further develop risk management techniques in the performance of their customs procedures.

ARTICLE 6
Sharing of Best Practices

For future cooperative arrangements, both Parties shall facilitate initiatives to enhance further the exchange of information on best practices in relation to customs procedures, including the application of risk management techniques.

05 TECHNICAL REGULATIONS AND SANITARY AND PHYTOSANITARY MEASURES

ARTICLE 1
Purposes and Definitions

1. The purposes of this Chapter are to:

(a) facilitate trade and investment between the Parties through collaborative efforts which minimise the impact of mandatory requirements and/or assessments of manufacturers or manufacturing processes on the goods traded between the Parties, in the most appropriate or cost-effective manner;

(b) complement bilateral agreements and arrangements between the Parties relating to mandatory requirements; and

(c) build on the Mutual Recognition Agreement on Conformity Assessment between the Government of Australia and the Government of the Republic of Singapore.

2. For the purposes of this Chapter, unless the context otherwise requires or it is otherwise defined in a Sectoral Annex:

(a) "conformity assessment" shall have the same meaning as in the Mutual Recognition Agreement on Conformity Assessment between the Government of Australia and the Government of the Republic of Singapore;

(b) "equivalence" means the state wherein mandatory requirements applied in the territory of the exporting Party, though different from the mandatory requirements applied in the territory of the importing Party, meet the legitimate objective or achieve the appropriate level of sanitary or phytosanitary protection of the mandatory requirements applied in the territory of the importing Party;

(c) "mandatory requirements" means all technical regulations and sanitary and phytosanitary measures as may be set out in a Party's laws, regulations and administrative requirements;

(d) "regulatory authority" means an entity of a Party that exercises a legal right to determine the mandatory requirements, control the import, use or supply of goods within its territory and/or take enforcement action to ensure that goods marketed within its territory comply with its mandatory requirements;

(e) "sanitary or phytosanitary measure" means quarantine and biosecurity measures which are applied to protect human, animal or plant life or health from risks arising from the introduction, establishment and spread of pests and diseases and from risks arising from additives, toxins and contaminants in food and feed;

(f) "Sectoral Annex" means an annex to this Chapter which specifies the arrangements in respect of a specific product sector; and

(g) "technical regulation" means regulations which lay down product characteristics or their related processes and production methods, including the applicable administrative provisions, with which compliance is mandatory.

ARTICLE 2
Scope and Obligations

1. This Chapter shall apply to mandatory requirements adopted or maintained by the Parties to fulfil their legitimate objectives and/or achieve their appropriate level of sanitary or phytosanitary protection.

2. Nothing in this Chapter shall prevent a Party from adopting or maintaining, in accordance with its international rights and obligations:

(a) mandatory requirements, as appropriate to its particular national circumstances; and

(b) mandatory requirements necessary to ensure the quality of its imports, or for the protection of human, animal or plant life or health, or the environment, or for the prevention of deceptive practices or to fulfil other legitimate objectives, at the levels it considers appropriate.

3. Each Party shall retain all authority under its laws to interpret and implement its mandatory requirements. This includes the authority to take appropriate measures for goods that do not conform to the Party's mandatory requirements. Such measures may include withdrawing goods from the market, prohibiting their placement on the market or restricting their free movement, initiating a product recall or prohibiting an import.

4. The provisions of this Chapter shall apply to particular Sectoral Annexes as provided therein.

ARTICLE 3
Origin

This Chapter applies to all goods and/or assessments of manufacturers or manufacturing processes of goods traded between the Parties, regardless of the origin of those goods, unless otherwise specified in a Sectoral Annex, or unless otherwise specified by any mandatory requirement of a Party.

ARTICLE 4
Harmonisation

The Parties shall, where appropriate, endeavour to work towards harmonisation of their respective mandatory requirements taking into account relevant international standards, recommendations and guidelines, in accordance with their international rights and obligations.

ARTICLE 5
Equivalence of Mandatory Requirements

1. The Parties shall give favourable consideration to accepting the equivalence of each other's mandatory requirements consistent with the purpose of this Chapter.

2. A Party shall accept the equivalence of the mandatory requirements, and/or the results of conformity assessment and approval procedures, of the other Party in accordance with the respective Sectoral Annex.

3. For the purposes of Article 5.2, a Sectoral Annex shall provide the following details:

(a) the procedures for determining and implementing the equivalence of each Party's mandatory requirements; and/or

(b) the procedures for accepting the results of the conformity assessment and approval procedures; and

(c) the regulatory authorities designated by each Party.

ARTICLE 6
Cooperative Activities on Sanitary and Phytosanitary/Quarantine Matters

1. The Parties shall endeavour to develop a work programme and mechanisms for co-operative 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 Parties shall, where appropriate, endeavour to develop further the use and product coverage of electronic means of data transfer, including electronic health certificates.

ARTICLE 7
Conformity Assessment

1. The Parties, through the Joint Committee established by Article 11 of the Mutual Recognition Agreement on Conformity Assessment between the Government of Australia and the Government of the Republic of Singapore, shall consider arrangements additional to those provided for in this Chapter to ensure that differences between the structure, organization and operation of conformity assessment procedures in their respective territories do not unnecessarily impede trade between them.

2. For the purposes of conformity assessment, each Party shall, on the request of the other Party, and in accordance with relevant international obligations and its respective applicable domestic laws, rules and regulations, take reasonable steps to facilitate access in its territory for inspection, testing and other relevant procedures.

3. The Parties affirm their intention to adopt and apply, with such modifications as may be necessary, any principles set out in an international agreement with respect to conformity assessment and approval procedures in meeting such international obligations.

ARTICLE 8
Exchange of Information, and Consultation

1. The Parties shall provide notification of any changes to their mandatory requirements in accordance with their international obligations or in specific cases as appropriate.

2. The Parties shall, within the context of this Chapter, establish contact points to expeditiously:

(a) broaden the exchange of information; and

(b) give favourable consideration to any written request for consultation.

3. The Parties shall, upon a request in writing of either Party and where appropriate, jointly:

(a) identify and develop new Sectoral Annexes for priority sectors for this Chapter;

(b) agree to amend or increase the scope of existing Sectoral Annexes with a view to minimising the impact of mandatory requirements on goods traded between the Parties; and

(c) agree on a work programme for the implementation of this Article, consistent with the provisions of this Chapter, and implement that work programme expeditiously.

ARTICLE 9
Confidentiality

Nothing in this Chapter shall be construed to require either Party to furnish or allow access to information the disclosure of which it considers would:

(a) be contrary to its essential security interests;

(b) be contrary to the public interest as determined by its domestic laws, rules and regulations;

(c) be contrary to any of its domestic laws, rules and regulations, including but not limited to those protecting personal privacy or the financial affairs and accounts of individual customers of financial institutions;

(d) impede law enforcement; or

(e) prejudice legitimate commercial interests of particular enterprises, public or private.

ARTICLE 10
Final Provisions on Sectoral Annexes

1. The Parties shall conclude as appropriate Sectoral Annexes which shall provide the implementing arrangements for this Chapter.

2. A Sectoral Annex shall enter into force on the first day of the second month following the date on which the Parties have exchanged notes confirming the completion of their respective procedures for the entry into force of that Sectoral Annex.

3. A Party may terminate a Sectoral Annex in its entirety by giving the other Party six months' advance notice in writing unless otherwise stated in the relevant Sectoral Annex. However, a Party shall continue to accept the results of conformity assessment or equivalence for the duration of the six-month advance notice period.

4. Where urgent problems of safety, health, consumer or environmental protection or national security arise or threaten to arise for a Party, that Party may suspend the operation of any Sectoral Annex, in whole or in part, immediately. In such cases, the Party shall immediately advise the other Party of the nature of the urgent problem, the goods covered and the objective and rationale of the suspension.

06 GOVERNMENT PROCUREMENT

Article 1
Definitions

1. For the purposes of this Chapter:

(a) "confidential information" includes: trade secrets; know-how; privileged information; or any other information that is expressed to be confidential or sensitive by the person disclosing the information or is disclosed in circumstances importing, either expressly or implicitly, an obligation of confidence as recognised by the laws, regulations, procedures and practices of the Party concerned;

(b) "entities" means:

(i) for Australia, those entities listed at Annex 3A and their successors other than those subsequently commercialised or privatised; and

(ii) for Singapore, those entities listed at Annex 3B and their successors other than those subsequently commercialised or privatised;

(b) "limited tendering procedures" means those tendering procedures in which the procuring entity directly invites one or more suppliers to submit tenders;

(c) "open tendering procedures" means those tendering procedures in which the procuring entity issues a public call for tenders; and

(d) "tender process" includes all activities directly related to the process of procuring goods or services conducted by a Party or its entities which is open to participation by persons of the other Party before a contract for the supply of those goods or services is concluded.

ARTICLE 2
Scope and Coverage

1. This Chapter shall apply to:

(a) any law, regulation, procedure or practice regarding any procurement by entities; and

(b) procurement of goods and services[3] by any contractual means, including through such methods as purchase or as lease, rental or hire purchase, with or without an option to buy, including any combination of goods and services.

2. This Chapter shall not apply to:

(a) internal procurement of goods and services by a Party from its own entities where no other supplier has been asked to tender. However, where such an entity submits a tender in an open tendering procedure, this Chapter shall apply;

(b) procurement of proprietary items required to ensure the integrity of machinery, equipment or systems. However, where such items are available from a number of sources and an open tendering procedure is used, this Chapter shall apply;

(c) procurement of proprietary equipment of a work, health or safety nature specified in industrial agreements. However, where such items are available from a number of sources and an open tendering procedure is used, this Chapter shall apply;

(d) procurement for the purposes of overseas development assistance;

(e) procurement of goods and services outside the territory of the procuring Party, for consumption outside the territory of the procuring Party; or

(f) procurement of asset management and financial advisory services pertaining to reserves held by each Party's Government or its entities.

ARTICLE 3
National Treatment

1. With respect to all laws, regulations, procedures and practices regarding government procurement covered by this Chapter, each Party shall provide immediately and unconditionally to the goods, services and suppliers of the other Party offering goods or services of the other Party, treatment no less favourable than that accorded to domestic goods, services and suppliers.

2. With respect to all laws, regulations, procedures and practices regarding government procurement covered by this Chapter, each Party shall ensure:

(a) that its entities shall not treat a locally-established supplier less favourably than another locally-established supplier on the basis of degree of foreign affiliation or ownership; and

(b) that its entities shall not discriminate against a locally-established supplier on the basis that it is a supplier of a good or service of the other Party.

3. The provisions of paragraphs 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 and formalities, and measures affecting trade in services other than laws, regulations, procedures and practices regarding government procurement covered by this Chapter.

4. A Party shall not discriminate in favour of corporate bodies in which that Party is a shareholder.

ARTICLE 4
Rules of Origin

A Party shall not apply rules of origin to goods or services imported or supplied for purposes of government procurement covered by this Chapter from the other Party, which are different from the rules of origin applied in the normal course of trade and at the time of the transaction in question to imports or supplies of the same goods or services from that other Party.

ARTICLE 5
Technical Specifications

Technical specifications laying down the characteristics of the goods or services to be procured shall not be prepared, adopted or applied with a view to, or with the effect of, creating unnecessary obstacles to trade between the Parties.

ARTICLE 6
Tendering Principles

1. Entities may use open tendering procedures or limited tendering procedures.

2. Each Party shall ensure that the tendering procedures of its entities are consistent with the provisions of this Chapter, provide for mechanisms to eliminate conflict of interest between persons administering a tendering procedure and potential suppliers, achieve value for money outcomes and are conducted in a fair and non-discriminatory manner.

3. In an open tendering procedure, entities shall publish an invitation to participate in such a way as to be readily accessible to any interested supplier of the other Party. In particular, entities shall make tender notices accessible to suppliers. Where a deadline has been specified for the close of tenders, the existence of such a deadline shall be made known in the same medium as used to publish tender notices.

4. Any conditions for participation in open tendering procedures shall be published in adequate time to enable interested suppliers of the other Party to initiate and, to the extent that it is compatible with the efficient operation of the procurement process, complete the registration and/or qualification procedures.

5. Entities shall not provide to any tenderer information with regard to a specific procurement in a manner which would have the effect of giving that tenderer an advantage over other tenderers.

6. The tender evaluation process shall be fair and non-discriminatory and shall have a mechanism to eliminate potential conflict of interest between persons administering the process and suppliers participating in the process.

7. Entities shall, on request from an unsuccessful supplier of the other Party which participated in the relevant tender, promptly provide pertinent information concerning reasons for the rejection of its tender, unless the release of such information would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interest of particular enterprises, public or private, or might prejudice fair competition between suppliers.

ARTICLE 7
Registration and Qualification of Suppliers

1. In the process of registering and/or qualifying suppliers, the entities of a Party shall not discriminate between domestic suppliers and suppliers of the other Party.

2. Any conditions for participation in open tendering procedures shall be no less favourable to suppliers of the other Party than to domestic suppliers.

3. The process of, and the time required for, registering and/or qualifying suppliers shall not be used in order to keep suppliers of the other Party off a list of suppliers or from being considered for a particular procurement.

4. Entities maintaining permanent lists of registered and/or qualified suppliers shall ensure that suppliers may apply for registration or qualification at any time, and that all registered and qualified suppliers are included in the lists within a reasonably short time.

ARTICLE 8
Protection and Proper Use of Confidential Information

1. When a person of a Party discloses confidential information to the other Party or its entities, the latter Party shall ensure that such information is kept confidential and is not used for a purpose other than that for which it was disclosed, except where disclosure is required:

(a) by an order of a court or tribunal;

(b) by a House of Parliament or its Committees, however the relevant Party or entity may resist such an order by a claim of public interest immunity; or

(c) under legislation governing access to government information, unless an exception or exemption under such legislation is successfully invoked in relation to the information.

2. Before any confidential information is disclosed pursuant to Article 8.1, reasonable notice in writing shall be given to the person of a Party who provided the information.

ARTICLE 9
Protection of Intellectual Property in a Tender Process and the Resulting Contracts

1. Material protected by intellectual property rights as defined in Chapter 13 (Intellectual Property) that is supplied by a person of a Party in a tender process shall not lose that protection on the sole basis that it is so supplied.

2. Ownership of intellectual property specifically produced under a contract for the procurement of goods and services concluded between a person of one Party and the other Party or its entities shall be as determined by the contract.

3. The contract for the procurement of goods or services shall not affect intellectual property rights in material that existed prior to the date of the contract unless the contracting Parties expressly agree otherwise in the contract.

4. Where the contract for goods or services includes the provision of licensed software, the procuring Party or procuring entities, may not reverse assemble or reverse compile the licensed software except to the extent permitted under its copyright law.

ARTICLE 10
Application of provisions of other Chapters to this Chapter

The provisions of Article 4 (Competitive Neutrality) of Chapter 12 (Competition Policy) shall apply, mutatis mutandis, to procurements within the scope of this Chapter.

ARTICLE 11
Electronic Procurement

1. The Parties shall, within the context of their commitment to promote electronic commerce, seek to provide opportunities for government procurement to be undertaken through electronic means, hereafter referred to as "e-procurement".

2. Each Party shall work toward a single entry point for the purpose of enabling suppliers to access information on procurement opportunities in its territory.

3. To facilitate access of suppliers of one Party to e-procurement opportunities of the other Party, the Parties shall, to the extent possible, cooperate to ensure policies and procedures are adopted that:

(a) promote equitable access for all potential suppliers of the other Party;

(b) promote the use of systems that are the most cost-effective for potential suppliers, where the Parties utilise authentication systems;

(c) provide for the least cost to potential suppliers, where the Parties elect to procure goods or services through online or reverse auctions;

(d) protect documentation from unauthorised and undetected alteration; and

(e) provide appropriate levels of security for data on, and passing through, the procuring entity's network.

4. Each Party shall, to the extent possible, make procurement opportunities that are available to the public accessible to suppliers via the Internet or any publicly available electronic medium. To the extent possible, each Party shall make available relevant documentation by the same means.

ARTICLE 12
Review of tender process

1. In the event of a complaint by a supplier that there has been a breach of the procuring Party's laws, regulations, procedures or practices regarding procurement in the context of a procurement in which they have, or have had, an interest, each Party shall encourage the supplier to seek resolution of its complaint in consultation with the procuring entity. In such instances the procuring entity shall accord timely and impartial consideration to any such complaint.

2. Each Party shall provide suppliers of the other Party with non-discriminatory, timely, transparent and effective access to an administrative or judicial body competent to hear or review complaints of alleged breaches of the procuring Party's laws, regulations, procedures and practices regarding procurement in the context of procurements in which they have, or have had, an interest.

3. Each Party shall make information on complaint mechanisms generally available.

ARTICLE 13
Transparency

1. The Parties shall apply all procurement laws, regulations, procedures and practices consistently, fairly and equitably so that their corporate governance structures provide transparency to potential suppliers.

2. The Parties shall publish and make accessible information relating to government procurement, and any changes or additions to this information, in a consistent and timely manner. Information relating to government procurement includes:

(a) procurement laws, regulations, and policy guidelines;

(b) open tendering opportunities and the conditions for participation;

(c) supplier qualification mechanisms and criteria for qualification; and

(d) decisions on contract awards.

ARTICLE 14
Exceptions

1. Nothing in this Chapter shall be construed to prevent either Party from taking any action or not disclosing any information which 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.

2 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 the same conditions prevail or a disguised restriction on international trade, nothing in this Chapter shall be construed to prevent either Party from imposing or enforcing measures:

(a) necessary to protect public morals, order or safety, human, animal or plant life or health or intellectual property;

(b) relating to the goods or services of handicapped persons, of philanthropic institutions or of prison labour; or

(c) relating to the conservation of exhaustible natural resources.

Article 15
Opportunities for indigenous persons

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 the same conditions prevail or a disguised restriction on international trade, nothing in this Chapter shall prevent Australia from promoting employment and training opportunities for its indigenous people in regions where significant indigenous populations exist.

Article 16
Industry Development

Nothing in this Chapter shall prevent the Parties from using government procurement to promote industry development including measures to assist small and medium enterprises (SMEs) within their territory to gain access to the government procurement market.

ARTICLE 17
Dispute Settlement

A Party may not initiate dispute settlement proceedings under Chapter 16 (Dispute Settlement) regarding its rights and obligations under this Chapter unless:

(a) the matter giving rise to the dispute involves a pattern of practice; and

(b) the suppliers affected have exhausted the available remedies regarding the particular matter.

ARTICLE 18
Review of Commitments

1. If, after this Agreement enters into force, a Party enters into any agreement on government procurement with a non-Party, it shall give positive consideration to a request by the other Party for incorporation herein of treatment no less favourable than under the aforesaid agreement. Any such incorporation should maintain the overall balance of commitments undertaken by each Party under this Agreement.

2. Not later than 12 months from the date of entry into force of this Agreement and biennially thereafter, the Parties shall examine and, where appropriate, update the entities specified in Annexes 3A and 3B.

3. As part of the examination referred to in Article 18.2, both Parties shall consider adding entities to their respective Annexes. This undertaking shall include Australia encouraging its State and Territory Governments to list their entities by the time of the first review, and Singapore considering adding entities not covered by this agreement.

07 TRADE IN SERVICES

ARTICLE 1
Definitions

For the purposes of this Chapter:

(a) "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) "commercial presence" means any type of business or professional establishment, including through:

(i) the constitution, acquisition or maintenance of a legal person, or

(ii) the creation or maintenance of a branch or a representative office,

within the territory of a Party for the purpose of supplying a service;

(c) "direct taxes" comprise all taxes on total income, on total capital or on elements of income or of capital, including taxes on gains from the alienation of property, taxes on estates, inheritances and gifts, and taxes on the total amounts of wages or salaries paid by enterprises, as well as taxes on capital appreciation;

(d) "existing measures" means measures in force as of the date of entry into force of this Agreement;

(e) "legal person" means any legal entity duly constituted or otherwise organised under applicable law, whether for profit or otherwise, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, joint venture, sole proprietorship or association;

(f) "legal person of the other Party" means a legal person which is either:

(i) constituted or otherwise organised under the law of the other Party; or

(ii) in the case of the supply of a service through commercial presence, owned or controlled by:

(A) natural persons of the other Party; or

(B) legal persons of the other Party identified under Article 1(f)(i);

(g) "measure" means any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action, or any other form;

(h) "measures by Parties" means measures taken by:

(i) central, regional or local governments and authorities; and

(ii) non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities;

(i) "measures by Parties affecting trade in services" include measures in respect of:

(i) the purchase, payment or use of a service;

(ii) the access to and use of, in connection with the supply of a service, services which are required by the Parties to be offered to the public generally;

(iii) the presence, including commercial presence, of persons of a Party for the supply of a service in the territory of the other Party;

(j) "monopoly supplier of a service" means any person, public or private, which in the relevant market of the territory of a Party is authorised or established formally or in effect by that Party as the sole supplier of that service;

(k) "natural person of a Party" means a natural person who resides in the territory of the Party or elsewhere and who under the law of that Party:

(i) is a national of that Party; or

(ii) has the right of permanent residence in that Party;

(l) "new measures" means measures adopted after the date of entry into force of this Agreement;

(m) "person" means either a natural person or a legal person;

(n.) "services" means all services including new and variant services in any sector except services supplied in the exercise of governmental authority;

(o) "service consumer" means any person that receives or uses a service;

(p) "service of the other Party" means a service which is supplied:

(i) from or in the territory of the other Party, or in the case of maritime transport, by a vessel registered under the laws of the other Party, or by a person of the other Party which supplies the service through the operation of a vessel and/or its use in whole or in part; or

(ii) in the case of the supply of a service through commercial presence or through the presence of natural persons, by a service supplier of the other Party;

(q) "service supplier" means any person that supplies a service;[4]

(r) "supply of a service" includes the production, distribution, marketing, sale and delivery of a service; and

(s) "trade in services" is defined as the supply of a service:

(i) from the territory of a Party into the territory of the other Party ("cross-border");

(ii) in the territory of a Party to the service consumer of the other Party ("consumption abroad");

(iii) by a service supplier of a Party, through commercial presence in the territory of the other Party ("commercial presence");

(iv) by a service supplier of a Party, through presence of natural persons of a Party in the territory of the other Party ("presence of natural persons").

ARTICLE 2
Scope

1. This Chapter applies to measures by a Party affecting trade in services by service suppliers of the other Party.

2. This Chapter shall not apply to:

(a) 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 domestic services, service consumers or service suppliers; or

(b) a service supplied in the exercise of governmental authority within the territory of each respective Party.

3. 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 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 3
Market Access

Neither Party shall maintain or adopt, either on the basis of a regional subdivision or on the basis of its entire territory,:[5]

(a) limitations on the number of service suppliers whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirements of an economic needs test;

(b) limitations on the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test;

(c) limitations on the total number of service operations or on the total quantity of service output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test;[6]

(d) limitations on 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;

(e) measures which restrict or require specific types of legal entity or joint venture through which a service supplier may supply a service; and

(f) limitations on the participation of foreign capital in terms of maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign investment.

ARTICLE 4
National Treatment

1. Each Party shall accord to services and service suppliers of the other Party, in respect of all measures affecting the supply of services, treatment no less favourable than that it accords to its own like services and service suppliers.

2. A Party may meet the requirement of Article 4.1 by according to services and service suppliers of the other Party, either formally identical treatment or formally different treatment to that it accords to its own like services and service suppliers.

3. Formally identical or formally different treatment shall be considered to be less favourable if it modifies the conditions of competition in favour of services or service suppliers of the Party compared to like services or service suppliers of the other Party.

4. This Article shall not be construed to require any Party to compensate for any inherent competitive disadvantages which result from the foreign character of the relevant services or service suppliers.

ARTICLE 5
Reservations

1. Articles 3 (Market Access) and 4 (National Treatment) shall not apply to:

(a) any existing non-conforming measure that is maintained by a Party at:

(i) the central or regional level, as set out in Annex 4-I; or

(ii) the local level; or

(b) the continuation or prompt renewal of any non-conforming measure referred to in Article 5.1(a).

2. Articles 3 (Market Access) and 4 (National Treatment) shall not apply to any existing or new measure that a Party adopts or maintains with respect to sectors, subsectors or activities as set out in Annex 4-II.

3. Article 11 (Domestic Regulation) shall not apply to:

(a) any existing non-conforming measure that is maintained by a Party as set out in Annex 4-I; or

(b) any existing or new measure that a Party adopts or maintains with respect to sectors, subsectors or activities as set out in Annex 4-II.

4. Each Party shall set out its reservations through a description of:

(a) with respect to Annex 4-I, the non-conforming measure to which the reservation applies; and

(b) with respect to Annex 4-II, the sectors, subsectors or activities to which the reservation applies.

ARTICLE 6
Transitional Provisions on Regional Government Measures

1. Articles 3 (Market Access) and 4 (National Treatment) shall not apply to measures maintained by a Party at the regional level until the first review of this Agreement under Article 3 (Review) of Chapter 17 (Final Provisions), when modifications or additions may be incorporated into the reservations in Annex 4-I and Annex 4-II to extend the coverage of Articles 3 (Market Access) and 4 (National Treatment) to these measures. Following the first review, Articles 3 (Market Access) and 4 (National Treatment) shall apply, at the regional level, unless the non-conforming measures maintained at the regional level are covered by the reservations in Annexes 4-I and 4-II.

2. A Party shall enter into consultations at the request of the other Party with a view to ensuring that modifications or additions incorporated into the reservations in accordance with Article 6.1 are consistent with the overall balance of benefits under the Agreement, and deciding whether any necessary adjustment in the commitments of the Parties is required to preserve this balance. Article 7 (Modification or Addition of Reservations) and Chapter 16 (Dispute Settlement) shall not apply to any such adjustments. The Parties shall not apply any measure affecting trade in services at the regional level in such a manner as would improve their negotiating position and leverage.

ARTICLE 7
Modification or Addition of Reservations

1. By giving three months written notification to the other Party, a Party may modify or add to its non-conforming measures as set out in Annex 4-I and add new sectors, subsectors or activities to its reservations set out in Annex 4-II. At the request of the other Party, it shall hold consultations with a view to reaching agreement on any necessary adjustment required to maintain the overall balance of commitments undertaken by each Party under this Agreement. If agreement is not reached between the Parties on any necessary adjustment, the matter may be referred to arbitration in accordance with Chapter 16 (Dispute Settlement).

2. Article 7.1 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 Annexes 4-I and 4-II.

ARTICLE 8
Additional Commitments

1. The Parties shall set out their respective additional commitments in Annex 4-III of this Agreement with respect to measures affecting trade in services not covered by Articles 3 (Market Access) and 4 (National Treatment), including those regarding qualifications, standards or licensing matters and any other matters as may be mutually agreed.

ARTICLE 9
Transparency

1. Each Party shall publish promptly and, except in emergency situations, at the latest by the time of their entry into force, all relevant measures of general application which pertain to or affect the operation of this Chapter. International agreements pertaining to or affecting trade in services to which a Party is a signatory shall also be published.

2. Where publication as referred to in Article 9.1 is not practicable, such information shall be made otherwise publicly available.

3. Each Party shall respond promptly to all requests by the other Party for specific information on any of its measures of general application or international agreements within the meaning of Article 9.1. Each Party shall also establish one or more enquiry points to provide specific information to the other Party, upon request, on all such matters.

ARTICLE 10
Disclosure of Confidential Information

Nothing in this Chapter shall require any Party to provide confidential information, the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice legitimate commercial interests of particular enterprises, public or private.

ARTICLE 11
Domestic Regulation

1. Each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.

2. Each Party shall ensure that its judicial, arbitral or administrative tribunals or procedures which provide for the prompt review of, and where justified, appropriate remedies for, administrative decisions affecting trade in services are open on a non-discriminatory basis to service suppliers of the other Party. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Party shall ensure that the procedures in fact provide for an objective and impartial review.

3. Article 11.2 shall not be construed to require a Party to institute such tribunals or procedures where this would be inconsistent with its constitutional structure or the nature of its legal system.

4. 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.

5. With the objective of 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 jointly review the results of the negotiations on disciplines on these measures, with a view to their incorporation into this Agreement. The Parties note that such disciplines aim to ensure that such requirements are inter alia:

(a) based on objective and transparent criteria, such as competence and the ability to supply the service;

(b) not more burdensome than necessary to ensure the quality of the service;

(c) in the case of licensing procedures, not in themselves a restriction on the supply of the service.

6. Pending the incorporation of disciplines pursuant to Article 11.5, a Party shall not apply licensing and qualification requirements and technical standards that nullify or impair its obligations under this Chapter in a manner which:

(a) does not comply with the criteria outlined in Articles 11.5(a), 11.5(b) or 11.5(c); and

(b) could not reasonably have been expected of that Party at the time the obligations were undertaken.

7. In determining whether a Party is in conformity with its obligations under Article 11.6, account shall be taken of international standards of relevant international organisations[7] applied by that Party.

8. Pending the incorporation of disciplines pursuant to Article 11.5, each Party or its competent authorities shall endeavour to:

(a) make publicly available:

(i) information on requirements and procedures to obtain, renew or retain any licences or professional qualifications; and

(ii) information on technical standards;

(b) explain, on request, the policy rationale of a measure, particularly of a new measure; and

(c) provide opportunity for comment, and give consideration to such comments, before their adoption, when introducing measures which significantly affect trade in services.

ARTICLE 12
Monopoly and Exclusive Service Suppliers

1. Each Party shall ensure that any monopoly supplier of a service in its territory does not, in the supply of the monopoly service in the relevant market, act in a manner inconsistent with the Party's obligations under Articles 3 (Market Access) and 4 (National Treatment).

2. Where a Party's monopoly supplier competes, either directly or through an affiliated company, in the supply of a service outside the scope of its monopoly rights and which is subject to that Party's obligations under Articles 3 (Market Access) and 4 (National Treatment), the Party shall ensure that such a supplier does not abuse its monopoly position to act in its territory in a manner inconsistent with such commitments.

3. If a Party has reason to believe that a monopoly supplier of a service of the other Party is acting in a manner inconsistent with paragraph 1 or 2, it may request the other Party establishing, maintaining or authorising such supplier to provide specific information concerning the relevant operations in its territory.

4. The provisions of this Article shall also apply to cases of exclusive service suppliers, where a Party, formally or in effect, (a) authorises or establishes a small number of service suppliers and (b) substantially prevents competition among those suppliers in its territory.

ARTICLE 13
Safeguard Measures

Neither Party shall take safeguard action against services and service suppliers of the other Party from the date of entry into force of this Agreement. Neither Party shall initiate or continue any safeguard investigations in respect of services and service suppliers of the other Party.

ARTICLE 14
Payments and Transfers

1. Subject to its reservations pursuant to Article 5 (Reservations) and except under the circumstances envisaged in Article 15 (Restrictions to Safeguard the Balance of Payments), a Party shall not apply restrictions on international transfers and payments for current transactions.

2. Nothing in this Chapter shall affect the rights and obligations of the Parties as members of the International Monetary Fund under the Articles of Agreement of the Fund, including the use of exchange actions which are in conformity with the 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 15 (Restrictions to Safeguard the Balance of Payments) or at the request of the Fund.

ARTICLE 15
Restrictions to Safeguard the Balance of Payments

1. In the event of serious balance of payments and external financial difficulties or threat thereof, a Party may adopt or maintain restrictions on trade in services in respect of which it has obligations under Articles 3 (Market Access) and 4 (National Treatment), including on payments or transfers for transactions relating to such obligations. It is recognized that particular pressures on the balance of payments of a Party in the process of economic development may necessitate the use of restrictions to ensure, inter alia, the maintenance of a level of financial reserves adequate for the implementation of its programme of economic development.

2. The restrictions referred to in Article 15.1 shall:

(a) be consistent with the Articles of Agreement of the International Monetary Fund;

(b) avoid unnecessary damage to the commercial, economic and financial interests of the other Party;

(c) not exceed those necessary to deal with the circumstances described in Article 15.1;

(d) be temporary and be phased out progressively as the situation specified in Article 15.1 improves;

(e) be applied on a national treatment basis and such that the other Party is treated no less favourably than any non-Party.

3. Any restrictions adopted or maintained under Article 15.1, or any changes therein, shall be promptly notified to the other Party.

4. The Party adopting any restrictions under Article 15.1 shall commence consultations with the other Party in order to review the restrictions adopted by it.

ARTICLE 16
Government Procurement

Articles 3 (Market Access) and 4 (National Treatment) shall not apply to laws, regulations or requirements governing the procurement by governmental agencies of services purchased for governmental purposes and not with a view to commercial resale or with a view to use in the supply of services for commercial sale.

ARTICLE 17
Denial of Benefit

Subject to prior notification and consultation, a Party may deny the benefits of this Chapter to a service supplier of the other Party where the Party establishes that the service supplier is owned or controlled by persons of a non-Party and that it has no substantive business operations in the territory of the other Party.

ARTICLE 18
General Exceptions

Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties where like conditions prevail, or a disguised restriction on trade in services, nothing in this Chapter 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;[8]

(b) necessary to protect human, animal or plant life or health;

(c) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Chapter including those relating to:

(i) the prevention of deceptive and fraudulent practices or to deal with the effects of a default on services contracts;

(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;

(d) inconsistent with Article 4 (National Treatment), provided that the difference in treatment is aimed at ensuring the equitable or effective[9] imposition or collection of direct taxes in respect of services or service suppliers of the other Party.

ARTICLE 19
Security Exceptions

Nothing in this Chapter shall be construed:

(a) to require a Party to furnish any information, the disclosure of which it considers contrary to its essential security interests; or

(b) to prevent a Party from taking any action which it considers necessary for the protection of its essential security interests:

(i) relating to the supply of services as carried out directly or indirectly for the purpose of provisioning a military establishment;

(ii) relating to fissionable and fusionable materials or the materials from which they are derived;

(iii) taken in time of war or other emergency in international relations; or

(c) to prevent a Party from taking any action in pursuance of its obligations under the Global Assembly Charter for the maintenance of international peace and security.

ARTICLE 20
Review of Commitments

1. 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. Any such incorporation should maintain the overall balance of commitments undertaken by each Party under this Agreement.

2. If, after this Agreement enters into force, a Party further liberalizes any of its non-conforming measures in Annex 4-I or sectors, subsectors, or activities in Annex 4-II unilaterally, it shall give positive consideration to a request by the other Party for the incorporation herein of the unilateral liberalisation. Any such incorporation should maintain the overall balance of commitments undertaken by each Party under this Agreement.

3. 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.

ARTICLE 21
Review of Subsidies

1. The Parties shall review the treatment of subsidies in the context of developments in international fora of which both Parties are Members.

2. The Parties shall consult on appropriate steps in regard to subsidies related to trade in services where any subsidies issues arise under this Chapter.

ARTICLE 22
Air Transport Services

1. For the purposes of this Article:

(a) "aircraft repair and maintenance services" mean such activities when undertaken on an aircraft or a part thereof while it is withdrawn from service and do not include so-called line maintenance;

(b) "air transport" means the public carriage by aircraft of passengers, baggage, cargo or mail, separately or in combination, for remuneration or hire; and

(c) "computer reservation system (CRS) services" mean services provided by computerised systems that contain information about air carriers' schedules, availability, fares and fare rules, through which reservations can be made or tickets may be issued.

2. This Chapter and Chapter 16 (Dispute Settlement), shall not apply to measures affecting:

(a) rights in relation to air transport, however granted; or

(b) services directly related to the exercise of rights in relation to air transport, except as provided in paragraph 3 of this Article.

3. This Chapter shall apply to measures affecting:

(a) aircraft repair and maintenance services; and

(b) computer reservation system services (CRS).

4. Both Parties agree to review developments in the air transport sector at the first review of this Agreement under Article 3 (Review) of Chapter 17 (Final Provisions), or at any other time agreed between the Parties, with a view to including these developments in this Agreement.

5. While both Parties affirm their rights and obligations under the Agreement between the Government of the Commonwealth of Australia and the Government of the Republic of Singapore relating to Air Services, signed on 3 November 1967 and any subsequent amendments thereto, both Parties agree to work towards an Open Skies Air Services Agreement and to review that work in accordance with the provisions of Article 22.4.

6. The Parties affirm, mutatis mutandis, their rights and obligations under the GATS, including the Annex on Air Transport Services.

ARTICLE 23
Recognition

1. For the purposes of the fulfilment of its standards or criteria for the authorisation, licensing or certification of services suppliers, a Party may recognise the education or experience obtained, requirements met, or licenses or certifications granted in the other Party.

2. The Parties shall encourage their relevant competent bodies to enter into negotiations on recognition of professional qualifications and/or registration procedures with a view to the achievement of early outcomes.

08 INVESTMENT

ARTICLE 1
Definitions

1. For the purposes of this Chapter:

(a) "enterprise" means any corporation, company, association, partnership, trust, joint venture, sole-proprietorship or other legally recognised entity that is duly incorporated, constituted, set up, or otherwise duly organised under the law of a Party, including branches, regardless of whether or not the entity is organised for pecuniary gain, privately or otherwise owned, or organised with limited or unlimited liability;

(b) "freely useable currency" means a currency widely used to make payments for international transactions as classified by the International Monetary Fund;

(c) "investment" means every kind of asset, owned or controlled, directly or indirectly, by an investor, including but not limited to the following:

(i) movable and immovable property and other property rights such as mortgages, liens or pledges;

(ii) shares, stocks, bonds and debentures of an enterprise;

(iii) claims to money or to any contractual performance related to a business and having an economic value;

(iv) intellectual property rights and goodwill; and

(v) business concessions or similar rights required to conduct economic activity and having economic value conferred by law or under a contract, including any concession to search for, cultivate, extract or exploit natural resources;

(d) "investor" means:

(i) an enterprise of a Party; or

(ii) a natural person who resides in the territory of a Party or elsewhere and who under the law of that Party:

(A) is a citizen of that Party; or

(B) has the right of permanent residence in that Party;

that has made, is in the process of making, or is seeking to make an investment;

(e) "measure" means any measure by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action, or any other form, and includes measures taken by:

(i) central, regional or local governments and authorities; and

(ii) non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities; and

(f) "return" means an amount yielded by or derived from an investment, including profits, dividends, interest, capital gains, royalty payments, payments in connection with intellectual property rights, and all other lawful income.

2. For the purposes of Article 1.1(c), returns that are invested shall be treated as investments and any alteration of the form in which assets are invested or reinvested shall not affect their character as investments.

3. An investment may be owned or controlled by an investor of a Party, notwithstanding the fact that the investment was made through an enterprise duly incorporated, constituted, set up or otherwise duly organised under the law of a non-Party.

ARTICLE 2
Scope of Application

1. This Chapter shall apply to investments made, in the process of being made, or sought to be made, by an investor of a Party in the territory of the other Party.

2. This Chapter shall not apply to:

(a) 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 domestic investors and investments; or

(b) a natural person who is a permanent resident but not a citizen of a Party where:

(i) the provisions of an investment protection agreement between the other Party and the country of which the person is a citizen have already been invoked in respect of the same matter; or

(ii) the person is a citizen of the other Party.

3. Unless otherwise provided, this Chapter shall not apply to any taxation measure.

4. An enterprise of a Party shall not be treated as an investor of the other Party, but any investments in that enterprise by investors of that other Party shall be protected by this Chapter.

5. Nothing in this Chapter shall be construed to impose an obligation on a Party to privatise.

ARTICLE 3
National Treatment

Each Party shall accord to investors of the other Party, and investments of investors of the other Party, in relation to the establishment, acquisition, expansion, management, conduct, operation, liquidation, sale, transfer (or other disposition) and expropriation (including any compensation) of investments in its territory, treatment that is no less favourable than that which it accords in like circumstances to its own investors and investments.

ARTICLE 4
Transparency

Each Party shall promptly make public its laws, regulations and investment policies, and any amendments thereto, of general application that pertain to or affect investments in its territory by investors of the other Party.

ARTICLE 5
Reservations

1. Article 3 (National Treatment) shall not apply to:

(a) any existing non-conforming measure that is maintained by a Party at:

(i) the central or regional level, as set out in Annex 4-I; or

(ii) the local level; or

(b) the continuation or prompt renewal of any non-conforming measure referred to in Article 5.1(a)

2. Article 3 (National Treatment) shall not apply to any existing or new measure that a Party adopts or maintains with respect to sectors, subsectors or activities as set out in Annex 4-II.

3. Each Party shall set out its reservation through a description of:

(a) with respect to Annex 4-I, the non-conforming measure to which the reservation applies; and

(b) with respect to Annex 4-II, the sectors, subsectors or activities to which the reservation applies.

4. If a Party undertakes any privatisation measure, that Party shall include in Annex 4-I or Annex 4-II any non-conforming measure relating to that privatisation. For the purpose of this paragraph, "privatisation measure" means the divestment by either Party of its equity interests in an enterprise where it has a controlling ownership interest. Article 14 (Settlement of Disputes between a Party and an Investor of the other Party) shall not apply to this paragraph.

ARTICLE 6
Transitional Provision on Regional Government Measures

1. Articles 3 (National Treatment) shall not apply to measures maintained by a Party at the regional level until the first review of this Agreement under Article 3 (Review) of Chapter 17 (Final Provisions), when modifications or additions may be incorporated into the reservations in Annex 4-I and Annex 4-II to extend the coverage of Article 3 (National Treatment) to these measures. Following the first review, Article 3 (National Treatment) shall apply, at the regional level, unless the non-conforming measures maintained at the regional level are covered by the reservations in Annexes 4-I and 4-II by a Party.

2. A Party shall enter into consultations at the request of the other Party with a view to ensuring that modifications or additions incorporated into the reservations in accordance with Article 6.1 are consistent with the overall balance of benefits under the Agreement, and deciding whether any necessary adjustment in the commitments of the Parties is required to preserve this balance. Article 7 (Modification or Addition of Reservations) and Chapter 16 (Dispute Settlement) shall not apply to any such adjustments. The Parties shall not apply any measure affecting investment at the regional level in such a manner as would improve their negotiating position and leverage.

ARTICLE 7
Modification or Addition of Reservations

1. By giving three months written notification to the other Party, a Party may modify or add to its non-conforming measures as set out in Annex 4-I and add new sectors, subsectors or activities to its reservations set out in Annex 4-II. At the request of the other Party, it shall hold consultations with a view to reaching agreement on any necessary adjustment required to maintain the overall balance of commitments undertaken by each Party under this Agreement. If agreement is not reached between the Parties on any necessary adjustment, the matter may be referred to arbitration in accordance with Chapter 16 (Dispute Settlement).

2. Article 7.1 shall not be construed to prejudice the right of both Parties to maintain any existing measures or adopt any new measures consistent with the reservations set out in Annexes 4-I and 4-II.

ARTICLE 8
Additional Commitments

1. The Parties shall set out their respective additional commitments in Annex 4-III of this Agreement with respect to investment matters not covered by Article 3 (National Treatment).

2. Article 14 (Settlement of Disputes between a Party and an Investor of the other Party) shall not apply to these additional commitments.

ARTICLE 9
Expropriation and Nationalisation

1. Neither Party shall nationalise, expropriate or subject to measures having effect equivalent to nationalisation or expropriation (hereinafter referred to as "expropriation") the investments of investors of the other Party unless such a measure is taken on a non-discriminatory basis, for a public purpose, in accordance with due process of law, 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. Compensation shall carry an appropriate interest, taking into account the length of time from the time of expropriation until the time of payment. Such compensation shall be effectively realisable, freely transferable in accordance with Article 11 (Transfers) and made without delay.

3. Notwithstanding Articles 9.1 and 9.2, 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 and any subsequent amendments thereto relating to the amount of compensation where such amendments follow the general trends in the market value of the land.

4. This Article does not apply to the issuance of compulsory licenses granted in relation to intellectual property rights, or to the revocation, limitation or creation of intellectual property rights, to the extent that such issuance, revocation, limitation or creation is consistent with international agreements.

ARTICLE 10
Compensation for Losses

A Party shall accord to investors of the other Party whose investments in the territory of the former Party have suffered losses owing to war or other armed conflict or civil strife in that territory, treatment, as regards restitution, indemnification, compensation, or other settlement or measures it adopts or maintains relating to such losses, no less favourable than that which it accords to its own investors and investors of any non-Party.

ARTICLE 11
Transfers

1. Each Party shall permit, on a non-discriminatory basis, all funds of an investor of the other Party related to an investment in its territory to be transferred freely and without undue delay. Such funds include the following:

(a) the initial capital plus any additional capital used to maintain or expand the investment;

(b) returns;

(c) proceeds from the sale or partial sale or liquidation of the investment;

(d) loan payments in connection with the investment;

(e) unspent earnings and other remuneration of personnel engaged from abroad in connection with that investment; and

(f) compensation paid pursuant to Article 10 (Compensation for Losses).

2. Each Party shall permit such transfers to be made in the currency of the other Party or any freely useable currency at the prevailing rate of exchange on the date of transfer.

3. Notwithstanding Article 11.1, a Party may prevent a transfer through the equitable, non-discriminatory and good faith application of its laws relating to:

(a) bankruptcy, insolvency or the protection of the rights of creditors;

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

(c) criminal or penal offences, and the recovery of proceeds of crime;

(d) ensuring the satisfaction of judgements, orders or awards in adjudicatory proceedings; or

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

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 Fund, including the use of exchange actions which are in conformity with the 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 12 (Restrictions to Safeguard the Balance of Payments) or at the request of the Fund.

ARTICLE 12
Restrictions to Safeguard the Balance of Payments

1. In the event of serious balance of payments and external financial difficulties or threat thereof, a Party may adopt or maintain restrictions on payments or transfers related to investments. It is recognized that particular pressures on the balance of payments of a Party in the process of economic development may necessitate the use of restrictions to ensure, inter alia, the maintenance of a level of financial reserves adequate for the implementation of its programme of economic development.

2. The restrictions referred to in Article 12.1 shall:

(a) be consistent with the Articles of Agreement of the International Monetary Fund;

(b) avoid unnecessary damage to the commercial, economic and financial interests of the other Party;

(c) not exceed those necessary to deal with the circumstances described in Article 12.1;

(d) be temporary and be phased out progressively as the situation specified in Article 12.1 improves;

(e) be applied on a national treatment basis and such that the other Party is treated no less favourably than any non-Party.

3. Any restrictions adopted or maintained under Article 12.1, or any changes therein, shall be promptly notified to the other Party.

4. The Party adopting any restrictions under Article 12.1 shall commence consultations with the other Party in order to review the restrictions adopted by it.

ARTICLE 13
Subrogation

1. If a Party or a designated agency of a Party 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 an investment of an investor of that Party, the other Party shall recognise the subrogation or transfer of any right or title in respect of such investment. 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 a designated agency of a Party 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.

ARTICLE 14
Settlement of Disputes between a Party and an Investor of the other Party

1. This Article shall apply to disputes between a Party and an investor of the other Party concerning an alleged breach of an obligation of the former under this Chapter which causes loss or damage to the investor or its investment.

2. The parties to the dispute shall initially seek to resolve the dispute by consultations and negotiations.

3. Where the dispute cannot be resolved as provided for under Article 14.2 within 6 months from the date of a request for consultations and negotiations, then unless the disputing investor and the disputing Party agree otherwise or either of them has already submitted the dispute to the courts or administrative tribunals of the disputing Party (excluding proceedings for interim measures of protection referred to in Article 14.5), the dispute may be submitted by either party to the dispute to:

(a) the courts or administrative tribunals of the disputing Party;

(b) the International Court of Justice (ICJ).

4. Each Party hereby consents to the submission of a dispute to conciliation or arbitration under Articles 14.3(b) and 14.3(c) in accordance with the provisions of this Article, conditional upon:

(a) the submission of the dispute to such conciliation or arbitration taking place within three years of the time at which the disputing investor became aware, or should reasonably have become aware, of a breach of an obligation under this Chapter causing loss or damage to the investor or its investment; and

(b) the disputing investor providing written notice, which shall be submitted at least 30 days before the claim is submitted, to the disputing Party of his or her intent to submit the dispute to such conciliation or arbitration and which:

(i) nominates either Article 14.3(b) or Article 14.3(c) as the forum for dispute settlement (and, in the case of Article 14.3(b), nominates whether conciliation or arbitration is being sought);

(ii) waives its right to initiate or continue any proceedings (excluding proceedings for interim measures of protection referred to in Article 14.5) before any of the other dispute settlement fora referred to in Article 14.3 in relation to the matter under dispute; and

(iii) briefly summarises the alleged breach of the disputing Party under this Chapter (including the articles alleged to have been breached) and the loss or damage allegedly caused to the investor or its investment.

5. Neither Party shall prevent the disputing investor 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 disputing Party, prior to the institution of proceedings before any of the dispute settlement fora referred to in Article 14.3, for the preservation of its rights and interests.

6. Neither 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 conciliation or arbitration under this Article, 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 15
Review of Commitments

1. If, after this Agreement enters into force, a Party enters into any agreement on investment 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. Any such incorporation should maintain the overall balance of commitments undertaken by each Party under this Agreement.

2. If, after this Agreement enters into force, a Party further liberalises any of its non-conforming measures in Annex 4-I or sectors, subsectors or activities in Annex 4-II unilaterally, it shall give positive consideration to a request by the other Party for the incorporation herein of the unilateral liberalisation. Any such incorporation should maintain the overall balance of commitments undertaken by each Party under this Agreement.

ARTICLE 16
Review of Subsidies

1. The Parties shall review the treatment of subsidies in the context of developments at international fora to which both Parties are Members.

2. The Parties shall consult on appropriate steps in regard to subsidies related to investments or investors where any subsidies issues arise under this Chapter.

ARTICLE 17
Government Procurement

Article 3 (National Treatment) shall not apply to laws, regulations or requirements governing the procurement by governmental agencies of goods and services purchased for governmental purposes and not with a view to commercial resale or with a view to use in the production of goods or the supply of services for commercial sale.

ARTICLE 18
Denial of Benefits

Subject to prior notification and consultation, a Party may deny the benefits of this Chapter to an investor of the other Party that is an enterprise of such Party and to investments of such an investor where the Party establishes that the enterprise is owned or controlled by persons of a non-Party and has no substantive business operations in the territory of the other Party.

ARTICLE 19
General Exceptions

Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties where like conditions prevail, or a disguised restriction on investments in the territory of a Party by investors of the other Party, nothing in this Chapter 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;[10]

(b) necessary to protect human, animal or plant life or health;

(c) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Chapter 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;

(d) imposed for the protection of national treasures of artistic, historic or archaeological value;

(e) relating to the conservation of exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption.

ARTICLE 20
Security Exceptions

Nothing in this Chapter shall be construed:

(a) to require a Party to furnish any information, the disclosure of which it considers contrary to its essential security interests; or

(b) to prevent a Party from taking any action which it considers necessary for the protection of its essential security interests:

(i) relating to fissionable and fusionable materials or the materials from which they are derived;

(ii) taken in time of war or other emergency in international relations;

(iii) relating to the production or supply of arms and ammunition; or

(c) to prevent a Party from taking any action in pursuance of its obligations under the Global Assembly Charter for the maintenance of international peace and security.

ARTICLE 21
Disclosure of Confidential Information

Nothing in this Chapter shall require any Party to provide confidential information, the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice legitimate commercial interests of particular enterprises, public or private.

09 FINANCIAL SERVICES

ARTICLE 1
Definitions and Scope

1. The purpose of this Chapter is to provide for commitments additional to Chapter 7 (Trade in Services) and Chapter 8 (Investment) in relation to financial services to ensure that the market access treatment of financial services is based on transparent principles that are applied in a non-discriminatory manner. In the event of any inconsistency between the former provisions and the provisions of this Chapter, the latter shall prevail to the extent of such inconsistency.

2. For the purposes of this Chapter:

(a) "financial service" means a service of a financial nature, including insurance, and a service incidental or auxiliary to a service of a financial nature. Financial services shall include the activities as stated in Appendix 1;

(b) "financial service supplier" means any natural or legal person authorised by the law of a Party to supply financial services;

(c) "new financial service" means a financial service, including services related to existing and new products or the manner in which a product is delivered, that is not supplied by any financial service supplier in the territory of a Party but which is supplied in the territory of the other Party; and

(d) "public entity" means:

(i) a government, a central bank or a monetary authority, of a Party, or an entity owned or controlled by a Party, that is principally engaged in carrying out governmental functions or activities for governmental purposes, not including an entity principally engaged in supplying financial services on commercial terms; or

(ii) a private entity, performing functions normally performed by a central bank or monetary authority, when exercising those functions.

3. For the purposes of Articles 1(a) and 2.2(b) of Chapter 7 (Trade in Services), "a service supplied in the exercise of governmental authority" means the following:

(a) activities conducted by a central bank or monetary authority or by any other public entity, including the management of official foreign reserves, in pursuit of monetary or exchange rate policies;

(b) activities forming part of a statutory system of social security or public retirement plans; and

(c) other activities conducted by a public entity for the account or with the guarantee or using the financial resources of the Government.

4. If a Party allows any of the activities referred to in Articles 1.3(b) or 1.3(c) to be conducted by its financial service suppliers in competition with a public entity or a financial service supplier, measures affecting such activities shall not be excluded from this Chapter and Chapter 7 (Trade in Services).

ARTICLE 2
New Financial Services

Each Party shall permit a financial service supplier of the other Party established in its territory to supply any new financial service of a type similar to those services that a Party would permit its own financial service suppliers, in like circumstances, to supply under its domestic law. A Party may however 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 such authorisation is required, a decision shall be made within a reasonable time and the authorisation may only be refused for prudential reasons.

ARTICLE 3
Prudential and Regulatory Supervision

1. Nothing in this Agreement shall be construed to prevent a Party from taking measures for prudential reasons, including measures 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 a Party's financial system. Where such measures do not conform with the provisions of this Agreement, they shall not be used as a means of avoiding the Party's commitments or obligations under this Agreement.

2. These measures shall not constitute a means of arbitrary or unjustifiable discrimination against financial service suppliers of the other Party in comparison to its own like financial service suppliers, or a disguised restriction on trade in services. Each Party shall endeavour to ensure that these measures are not more burdensome than necessary to achieve their aim.

3. Nothing in this Agreement shall be construed to require a Party to disclose information relating to the affairs and accounts of individual customers or any confidential or proprietary information in the possession of public entities.

ARTICLE 4
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 provisions of this Agreement.

ARTICLE 5
Exceptions

For the avoidance of doubt, this Chapter shall be subject to the general and security exceptions listed in Articles 18 and 19 of Chapter 7 (Trade in Services) and Articles 19 and 20 of Chapter 8 (Investment).

ARTICLE 6
Dispute Settlement

Arbitral tribunals agreed between or appointed by the Parties under Chapter 16 (Dispute Settlement) to adjudicate disputes on prudential issues and other financial matters, and any procedures agreed for good offices, conciliation or mediation on such matters, shall have or provide for the necessary expertise relevant to the specific financial service and dispute.

APPENDIX 1

Insurance and insurance-related services

(i) Direct insurance (including co-insurance):

(A) life

(B) non-life;

(ii) Reinsurance and retrocession;

(iii) Insurance intermediation, such as brokerage and agency;

(iv) Services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services.

Banking and other financial services (excluding insurance)

(v) Acceptance of deposits and other repayable funds from the public;

(vi) Lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transaction;

(vii) Financial leasing;

(viii) All payment and money transmission services, including credit, charge and debit cards, travellers cheques and bankers drafts;

(ix) Guarantees and commitments;

(x) 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, 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;

(F) other negotiable instruments and financial assets, including bullion;

(xi) 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;

(xii) Money broking;

(xiii) Asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial, depository and trust services;

(xiv) Settlement and clearing services for financial assets, including securities, derivative products, and other negotiable instruments;

(xv) Provision and transfer of financial information, and financial data processing and related software by suppliers of other financial services;

(xvi) Advisory, intermediation and other auxiliary financial services on all the activities listed in subparagraphs (v) through (xv), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy.

10 TELECOMMUNICATIONS SERVICES

ARTICLE 1
Purpose and Definitions

1. The purpose of this Chapter is to provide for commitments additional to Chapters 7 (Trade in Services) and 8 (Investment) in relation to telecommunication services.

2. For the purpose of this Chapter:

(a) "end user" means a person (including a service consumer and a service supplier) to whom a public telecommunications network or service is supplied, other than for use in the further supply of a public telecommunications network or service;

(b) "essential facilities" means facilities of a public telecommunications network or service that:

(i) are exclusively or predominantly provided by a single or limited number of suppliers; and

(ii) cannot feasibly be economically or technically substituted in order to provide a service;

(c) "facilities-based suppliers" means suppliers of public telecommunications networks or services that are:

(i) licensed carriers in Australia; or

(ii) facilities-based operators in Singapore;

(d) "leased circuits" means telecommunications facilities between two or more designated points which are set aside for the dedicated use of or availability to a particular user;

(e) a "major supplier" is a supplier of public telecommunications networks or services that has the ability to materially affect the terms of participation (having regard to price and supply) in the relevant market[11] for public telecommunications networks or services as a result of:

(i) control over essential facilities; or

(ii) use of its position in the market;

(f) "network element" means facilities or equipment used in the provision of a public telecommunications service, including features, functions, and capabilities that are provided by means of such facilities or equipment, which may include local loops, sub-loops and line sharing;

(g) "number portability" means the ability of service consumers of public telecommunications networks or services to retain existing telephone numbers when switching between suppliers of like public telecommunications networks or services;

(h) "public telecommunications service" means any telecommunications service required, explicitly or in effect, by a Party to be offered to the public generally;[12]

(i) "public telecommunications network" means the telecommunications infrastructure authorised by a Party to be used to provide public telecommunications services between defined network termination points;

(j) "regulator" means any person authorised or designated to have responsibility for the regulation of telecommunications;

(k) "regulatory decisions" means decisions by regulators made pursuant to authority conferred under domestic law in relation to:

(i) the making of rules for the telecommunications industry excluding legislation and statutory rules;

(ii) the approval of terms and conditions, standards and codes to apply in the telecommunications industry;

(iii) the adjudication or other resolution of disputes between suppliers of public telecommunications networks or services; and

(iv) licensing;

(l) a "supplier of public telecommunications networks or services" means a supplier of public telecommunications networks and/or public telecommunications services to users;

(m) "telecommunications" means the transmission and reception of signals by any electromagnetic means; and

(n.) "user" means an end-user or a supplier of public telecommunications network or services.

ARTICLE 2
Scope

1. This Chapter shall apply to measures by a Party affecting trade in telecommunications services.

2. This Chapter shall not apply to measures by a Party affecting the distribution of broadcasting and audio-visual services, as defined in each Party's domestic law and regulations.

ARTICLE 3
Access to and Use of Public Telecommunications Networks or Services[13]

1. Each Party shall ensure that all service suppliers of the other Party have access to and use of any public telecommunications network or service, including leased circuits, offered in its territory or across its borders in a timely fashion, on reasonable, transparent, and non-discriminatory terms and conditions, including as set out in Article 3.2 to Article 3.6.[14]

2. Each Party shall ensure that such service suppliers are permitted to:

(a) purchase or lease and attach terminal or other equipment that interfaces with the public telecommunications network and which is necessary to supply a supplier's services;

(b) provide services to individual or multiple service consumers over any leased or owned circuits;

(c) interconnect leased or owned circuits with public telecommunications networks or services in the territory or across the borders of that Party or with circuits leased or owned by another service supplier;

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

(e) use operating protocols of their choice in the supply of any service, other than as necessary to ensure the availability of telecommunications networks and services to the public generally.

3. Each Party shall ensure that all service suppliers of the other Party may use public telecommunications networks or services for the movement of information in its territory or across its borders and for access to information contained in the databases or otherwise stored in machine-readable form in the territory of either Party.

4. Notwithstanding the preceding paragraph, a Party may take such measures as are necessary to:

(a) ensure the security and confidentiality of messages; or

(b) protect the privacy of personal data of end users of public telecommunications networks or services

subject to the requirement that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination or a 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:

(a) to 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) to protect the technical integrity of public telecommunications networks or services.

6. Provided that they satisfy the criteria set out in Article 3.5, 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 and services;

(b) requirements, where necessary, for the inter-operability of such 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; or

(d) notification, registration and licensing.

ARTICLE 4
Transparency

1. The Parties shall apply the measures referred to in Article 2.1 in a transparent manner, which:

(a) provides suppliers of public telecommunications networks or services of the other Party who are likely to be affected by regulatory decisions with a fair and reasonable opportunity to obtain sufficient information to enable them to form informed views on proposed regulatory decisions and to provide these views to regulators;

(b) requires regulators to take into account views provided by such suppliers pursuant to Article 4.1(a); and

(c) ensures that regulators make available to such suppliers their regulatory decisions and an explanation of their reasons for those regulatory decisions.

2. At the request of a supplier of public telecommunications networks or services who is likely to be affected by regulatory decisions, regulators may, where necessary to avoid causing prejudice to the legitimate commercial interests of that supplier, impose reasonable limitations on the requirement to provide the information referred to in Article 4.1(a) and Article 4.1(c) provided that such limitations:

(a) are applied only to the extent necessary to protect such commercial interests; and

(b) do not deprive suppliers of public telecommunications networks or services of the other Party of their right under Article 4.1(a) to provide their views to regulators.

3. Where a licence is required, the following shall be made publicly available:

(a) all the licensing criteria, any terms and conditions of the licence, and the period of time normally required to reach a decision concerning an application for a licence; and

(b) the terms and conditions of individual licences.

4. The reasons for the denial of a licence shall be made known to the applicant upon request.

ARTICLE 5
Independent Regulators

1. Regulators shall be independent of any supplier of public telecommunications networks or services.

2. The decisions of, and the procedures used by, regulators shall be fair and impartial and shall be made and implemented without undue delay.

ARTICLE 6
Dispute Settlement and Appeal

1. Each Party shall ensure that suppliers of public telecommunications networks or services of the other Party have timely recourse to a regulator to consider and, to the extent provided for in domestic law, to resolve disputes regarding compliance with domestic measures relating to the obligations contained in this Chapter.

2. Each Party shall ensure that any supplier of public telecommunications networks or services of the other Party aggrieved by a regulatory decision has the opportunity to appeal such regulatory decision to an independent judicial or administrative authority. Such an appeal shall not constitute grounds for non-compliance by that supplier with the regulatory decision unless an appropriate authority stays such decision.

3. Each Party shall ensure that, in the hearing of appeals by an administrative authority referred to in Article 6.2:[15]

(a) suppliers of public telecommunications networks or services of the other Party which are party to the appeal have a fair and reasonable opportunity to obtain sufficient information to enable them to form informed views on the issues to be determined in the appeal and to provide these views to the administrative authority;

(b) the administrative authority takes into account views provided by such suppliers pursuant to Article 6.3(a); and

(c) the administrative authority makes available to such suppliers its decision and an explanation of the reasons for its decision.

4. At the request of a supplier of public telecommunications networks or services which is a party to an appeal referred to in Article 6.3, an administrative authority may, where necessary to avoid causing prejudice to the legitimate commercial interests of that supplier, impose reasonable limitations on the requirement to provide the information referred to in Article 6.3(a) and Article 6.3(c) provided that such limitations:

(a) are applied only to the extent necessary to protect such commercial interests; and

(b) do not deprive suppliers of public telecommunications networks or services of the other Party which are party to an appeal referred to in Article 6.3 of their right under Article 6.3(a) to provide their views to the administrative authority.

ARTICLE 7
General Competitive Safeguards

1. Each Party shall maintain appropriate measures[16] for the purpose of preventing suppliers of public telecommunications networks or services in its territory from engaging in or continuing anti-competitive practices.

2. The anti-competitive practices referred to in Article 7.1 shall be defined in each Party's sectoral or generic competition regime, as the case may be, and shall include:

(a) anti-competitive horizontal arrangements;

(b) misuse of market power;

(c) anti-competitive vertical arrangements; and

(d) anti-competitive mergers and acquisitions.

ARTICLE 8
Interconnection between Suppliers of Public Telecommunications Networks

Each Party shall maintain appropriate measures to achieve connectivity between public telecommunications networks in order to ensure that end-users of telecommunications services can communicate with each other including, where that Party considers it necessary, by requiring facilities-based suppliers to interconnect with one another.

ARTICLE 9
Additional Obligations Relating to Major Suppliers[17]

1. Non-discrimination

(a) Each Party shall ensure that major suppliers in its territory accord suppliers of public telecommunications networks or services of the other Party treatment no less favourable than such major supplier accords to itself, its subsidiaries, its affiliates, or any non-affiliated supplier of public telecommunications networks or services regarding:

(i) availability, provisioning, rates,[18] or quality of like public telecommunications networks or services; and

(ii) availability of technical interfaces where such suppliers of public telecommunications networks or services and subsidiaries, affiliates and non-affiliates of the major supplier are in like circumstances.

2. Competitive Safeguards

(a) Each Party shall maintain appropriate measures[19] for the purpose of preventing major suppliers in its territory from engaging in or continuing anti-competitive practices.

(b) The anti-competitive practices referred to in Article 9.2(a) shall include:

(i) engaging in anti-competitive cross-subsidisation;

(ii) using information obtained from competitors with anti-competitive results;

(iii) not making available, on a timely basis, to suppliers of public telecommunications networks or services of the other Party, technical information about essential facilities and commercially relevant information which is necessary for them to provide services; and

(iv) pricing services in a manner that is likely to unreasonably restrict competition, such as predatory pricing.

3. Unbundled Network Elements

(a) Each Party shall ensure that major suppliers in its territory provide to facilities-based suppliers of the other Party access to network elements for the provision of public telecommunications services at any technically feasible point, on an unbundled basis, in a timely fashion; and on terms, conditions, and cost-oriented rates that are reasonable, transparent, and non-discriminatory.

(b) Each Party may determine, in accordance with its domestic laws and regulations, which network elements it requires major suppliers in its territory to provide access to in accordance with Article 9.3(a) on the basis of the technical feasibility of unbundling and the state of competition in the relevant market.

4. Co-Location

(a) Each Party shall ensure that major suppliers in its territory provide to facilities-based suppliers of the other Party physical co-location of equipment necessary for interconnection or access to unbundled network elements in a timely fashion and on terms, conditions, and cost-oriented rates that are reasonable, transparent, and non-discriminatory.

(b) Where physical co-location under Article 9.4(a) is not practical for technical reasons or because of space limitations, each Party shall ensure that major suppliers co-operate with facilities-based suppliers to find and implement the most feasible alternative solution in a timely fashion and on terms, conditions, and cost-oriented rates that are reasonable, transparent, and non-discriminatory. Such solutions may include:

(i) permitting facilities-based suppliers to locate equipment in a nearby building and to connect such equipment to the major supplier's network;

(ii) conditioning additional equipment space;

(iii) optimizing the use of existing space; or

(iv) finding adjacent space.

(c) Each Party may determine in accordance with its domestic laws and regulations the locations at which it requires major suppliers in its territory to provide co-location under Article 9.4(a) on the basis of the state of competition in the relevant market.

5. Resale

(a) Each Party shall ensure that major suppliers in its territory:

(i) allow suppliers of public telecommunications networks or services of the other Party to purchase at reasonable rates, for the purpose of resale, specific public telecommunications services supplied by the major suppliers at retail that are designated by the first Party; and

(ii) do not impose unreasonable or discriminatory conditions or limitations on the resale of such public telecommunications services.

6. Rights of Way

(a) Each Party shall ensure that major suppliers in its territory provide access to poles, ducts, conduits, or any other structures deemed necessary by the Party, which are owned or controlled by such major suppliers to facilities-based suppliers of the other Party:

(i) in a timely fashion; and

(ii) on terms, conditions, and cost-oriented rates that are reasonable, transparent, and non-discriminatory.

(b) Each Party may determine in accordance with its domestic laws and regulations the poles, ducts, conduits or other structures to which it requires major suppliers in its territory to provide access under Article 9.6(a) on the basis of the state of competition in the relevant market.

7. Interconnection with a Major Supplier[20]

(a) Each Party shall ensure that major suppliers in its territory provide interconnection to facilities-based suppliers of the other Party:

(i) at any technically feasible point in the major supplier's network;

(ii) under non-discriminatory terms, conditions (including technical standards and specifications) and rates;[21]

(ii) of a quality no less favourable than that provided by such major supplier for its own like services or for like services of non-affiliated service suppliers or for its subsidiaries or other affiliates;

(iv) in a timely fashion, on terms, conditions (including technical standards and specifications) and cost-oriented rates[22] 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

(v) upon request, at points in addition to the network termination points offered to the majority of facilities-based suppliers, subject to charges that reflect the cost of construction of necessary additional facilities.

(b) Each Party shall ensure that suppliers of public telecommunications networks or services of the other Party may interconnect with major suppliers in its territory pursuant to at least one of the following options:

(i) a publicly available reference interconnection offer;

(ii) any existing interconnection agreement between the major supplier and any similarly situated supplier of public telecommunications networks or services;

(iii) an individualised agreement between the major supplier and the supplier of public telecommunications networks or services that seeks to interconnect with it; or

(iv) binding arbitration.

(c) Each Party shall ensure that the applicable procedures for interconnection negotiations with major suppliers in its territory are made publicly available.

(d) Each Party shall ensure that major suppliers in its territory make publicly available either their interconnection agreements or a reference interconnection offer.

8. Resolution of Interconnection Disputes

(a) When facilities-based suppliers are unable to resolve disputes regarding the terms, conditions and rates on which interconnection is to be provided by a major supplier, they shall have recourse to the regulator, which shall aim to resolve the disputes within 180 days of the referral to it, provided that the resolution of complex disputes may take longer than 180 days.

(b) Where the regulator is unable to resolve the disputes referred to in Article 9.8(a) within 180 days, each Party shall ensure that the regulator endeavours to provide interim determinations on the disputes where necessary to ensure that facilities-based suppliers of the other Party are able to interconnect with a major supplier.

ARTICLE 10
Number Portability

Each Party shall ensure that suppliers of public telecommunications services in its territory provide number portability, for those services designated by that Party, to the extent technically feasible, on a timely basis and on reasonable terms and conditions.

ARTICLE 11
Access to Buildings[23]

Each Party shall ensure that facilities-based suppliers may install, maintain and have access to their equipment in buildings or on land that the Party considers is necessary to enable public telecommunications services to be supplied to end users who are customers of the facilities-based supplier.

ARTICLE 12
Allocation and Use of Scarce Resources[24]

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. The current state of allocated frequency bands shall be made publicly available, but detailed identification of frequencies allocated for specific government use shall not be required.

ARTICLE 13
Industry Participation

1. Each Party shall, through any forum or other mechanism it considers appropriate:

(a) facilitate the involvement of suppliers of public telecommunications networks or services of the other Party operating in its territory in the development of industry standards and, where it considers appropriate, in the regulation of the telecommunications industry; and

(b) encourage suppliers of public telecommunications networks or services of the other Party operating in its territory to provide feedback to regulators on the regulation of the telecommunications industry.

ARTICLE 14
Enforcement

Each Party shall adopt or maintain timely, proportionate and effective sanctions for the purpose of enforcing domestic measures relating to the obligations contained in this Chapter. Such sanctions may include financial penalties, injunctions, orders to cease and desist (on an interim or final basis), and/or the ability to suspend, modify or revoke licences.

ARTICLE 15
Exceptions

For the avoidance of doubt, this Chapter shall be subject to the general and security exceptions listed in Articles 18 and 19 of Chapter 7 (Trade in Services) and Articles 19 and 20 of Chapter 8 (Investment).

11 MOVEMENT OF BUSINESS PERSONS

ARTICLE 1
Purpose

The purposes of this Chapter are to:

(a) provide for rights and obligations additional to those set out in Chapters 7 (Trade in Services) and 8 (Investment) in relation to the movement of natural persons between the Parties; and

(b) enhance the mobility of business persons of either Party engaged in the conduct of trade and investment between the Parties, by facilitating temporary business entry and establishing streamlined, transparent immigration clearance procedures for business persons.

ARTICLE 2
Scope and Definitions

1. This Chapter applies to measures affecting the movement of natural persons of a Party into the territory of the other Party where such persons are:

(a) service suppliers of the first Party;

(b) service sellers of the first Party;

(c) investors of the first Party in respect of an investment of that investor in the territory of the other Party; or

(d) employed by an investor of the first Party in respect of an investment of that investor in the territory of the other Party.

2. For the purposes of this Chapter, the following definitions shall apply:

(a) "business visitors" means natural persons of either Party who are:

(i) service sellers;

(ii) short-term service suppliers;

(iii) investors of a Party or employees of an investor (who are managers, executives or specialists as defined under Article 2.2(c) seeking temporary entry to establish an investment; or

(iv) seeking temporary entry for the purposes of negotiating the sale of goods where such negotiations do not involve direct sales to the general public;

(b) "immigration formality" means a visa, employment pass, or other document or electronic authority granting a natural person of one Party the right to reside or work in the territory of the other Party;

(c) "intra-corporate transferee" means an employee of a service supplier, investor or enterprise of a Party established in the territory of the other Party through a branch, subsidiary or affiliate, who has been so employed for a period of not less than one year immediately preceding the date of the application for temporary entry, and who is:

(i) a manager - a business person within an organisation who primarily directs the organisation or a department or sub-division of the organisation, supervises and controls the work of other supervisory, professional or managerial employees, has the authority to hire and fire or take other personnel actions (such as promotion or leave authorisation), and exercises discretionary authority over day-to-day operations. This does not include a first-line supervisor, unless the employees supervised are professionals, nor does this include an employee who primarily performs tasks necessary for the provision of the service or operation of an investment;

(ii) an executive - a business person within an organisation who primarily directs the management of the organisation, exercises wide latitude in decision-making, and receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the business. An executive would not directly perform tasks related to the actual provision of the service or the operation of an investment; or

(iii) a specialist - a business person within an organisation who possesses knowledge at an advanced level of expertise and who possesses proprietary knowledge of the organisation's service, research equipment, techniques, or management (A specialist may include, but is not limited to, members of a licensed profession.);

(d) "service seller" means a natural person of a Party who is a sales representative of a service supplier of that Party and is seeking temporary entry to the other Party for the purpose of negotiating the sale of services for that service supplier, where such a representative will not be engaged in making direct sales to the general public or in supplying services directly;

(e) "short-term service suppliers" means persons who:

(i) are employees of a service supplier or an enterprise of a Party not having a commercial presence or investment in the other, which has concluded a service contract with a service supplier or an enterprise engaged in substantive business operations in the other Party; and

(ii) have been employees of the service supplier or enterprise for a time period of not less than one year immediately preceding an application for admission for temporary entry; and

(iii) are managers, executives or specialists as defined under Article 2.2(c) and

(iv) are seeking temporary entry to the other Party for the purpose of providing a service as a professional in the following service sectors on behalf of the service supplier or enterprise which employs them:

(A) professional services;

(B) computer and related services;

(C) telecommunication services; or

(D) financial services; and

(v) satisfy any other requirements under the domestic laws and regulations of the other Party to provide such services in the territory of that Party; and

(f) "temporary entry" means entry by a business visitor or an intra-corporate transferee, as the case may be, without the intent to establish permanent residence and for the purpose of engaging in activities which are clearly related to their respective business purposes. Additionally, in the case of a business visitor, the salaries of and any related payments to such a visitor should be paid entirely by the service supplier or enterprise which employs that visitor in the visitor's home country.

3. Nothing in this Chapter shall 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.

ARTICLE 3
Short-Term Temporary Entry

A Party shall, upon application by a business visitor of the other Party who otherwise meets its criteria for the grant of an immigration formality, grant that business visitor, through the issue of a single immigration formality, the right to temporary entry in the granting Party's territory for a period of up to three months.

ARTICLE 4
Long-Term Temporary Entry

A Party shall grant temporary entry to an intra-corporate transferee of the other Party who otherwise meets its criteria for the grant of an immigration formality unless there has been a breach of any of the conditions governing temporary entry, or an application for an extension of an immigration formality has been refused on such grounds of national security or public order by the granting Party as it deems fit:

(a) in the case of Singapore, for an initial period of up to two years which may be extended for periods of up to three years at a time for a total term not exceeding 14 years; and

(b) in the case of Australia, for an initial period of up to four years which may be extended for further periods of up to four years at a time for a total term not exceeding 14 years.

ARTICLE 5
Provision of Information

A Party shall:

(a) publish or otherwise make available to the other Party such information as will enable the other Party to become acquainted with its measures relating to this Chapter; and

(b) no later than six months after the date of entry into force of this Agreement, prepare, publish or otherwise make available in its own territory, and in the territory of the other Party, explanatory material regarding the requirements for temporary entry under this Chapter in such a manner as will enable business persons of the other Party to become acquainted with them.

ARTICLE 6
Dispute Settlement

1. A Party may not initiate proceedings under Chapter 16 (Dispute Settlement) regarding a refusal to grant temporary entry under this Chapter unless:

(a) the matter involves a pattern of practice; and

(b) its natural persons affected have exhausted the available domestic administrative remedies regarding the particular matter.

2. The remedies referred to in Article 6.1(b) shall be deemed to be exhausted if a final determination in the matter has not been issued by the competent authority within one year of the institution of proceedings for domestic administrative remedies, including proceedings by way of review, and the failure to issue a determination is not attributable to delays caused by the natural person.

ARTICLE 7
Immigration Measures

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 8
Expeditious Application Procedures

A Party shall process expeditiously applications for immigration formalities from natural persons of the other Party, including further immigration formality requests or extensions thereof, particularly applications from members of professions for which mutual recognition arrangements have been concluded.

ARTICLE 9
Notification of Outcome of Application

A Party shall notify the applicants for temporary entry, either directly or through their prospective employers, of the outcome of their applications, including the period of stay and other conditions.

ARTICLE 10
Online Lodgement and Processing

As soon as possible after the date of entry into force of this Agreement, Parties shall provide facilities for online lodgement and processing:

(a) in the case of Australia, of immigration formalities; and

(b) in the case of Singapore, of employment passes which shall be applied for by the prospective employers.

ARTICLE 11
Resolution of Problems

The relevant authorities of both Parties shall endeavour to favourably resolve any specific or general problems (within the framework of their domestic laws, regulations and other similar measures governing the temporary entry of natural persons) which may arise from the implementation and administration of this Chapter.

ARTICLE 12
Labour Market Testing

Neither Party shall require labour market testing, labour certification tests or other procedures of similar effect as a condition for temporary entry in respect of natural persons on whom the benefits of this Chapter are conferred.

ARTICLE 13
Immigration Formality Requirements

1. Australia shall accord to natural persons of Singapore conditions of entry and processing requirements relating to its Electronic Travel Authority ("ETA") no less favourable than those accorded to natural persons of any other country eligible under the ETA or equivalent processing system for immigration formalities.

2. Singapore shall waive visa requirements for nationals of Australia, provided that such persons are not nationals of a non-Party for which visa-requirements are imposed for entry into Singapore.

ARTICLE 14
Inclusion of Permanent Residents

A Party shall grant the benefits of this Chapter, other than those accorded by Article 13 (Immigration Formality Requirements), to natural persons who have the right of permanent residence in the territory of the other Party, provided that these natural persons satisfy all the administrative, legal, repatriation and other requirements as may be imposed by the granting Party.

ARTICLE 15
Employment of Spouses and Dependants

For natural persons who have been granted the right to long-term temporary entry and who have been allowed to bring in their spouses or dependants, a Party shall, upon application, grant the accompanying spouses or dependants the right to work as managers, executives or specialists (as defined in Article 2.2(c)(i)-(iii)), or as office administrators in its territory, subject to the relevant licensing, administrative and registration requirements of the granting Party.

ARTICLE 16
Reservations

The commitments made by each Party under this Chapter shall be subject to any reservations it has taken in its Annex 4-I (Reservations to Chapter 7 (Trade in Services) and Chapter 8 (Investment)) and Annex 4-II (Reservations to Chapter 7 (Trade in Services) and Chapter 8 (Investment)).

12 COMPETITION POLICY

ARTICLE 1
Purpose and Definitions

1. The purpose of this Chapter is to contribute to the fulfilment of the objectives of this Agreement through the promotion of fair competition and the curtailment of anti-competitive practices.

2. For the purposes of this Chapter, "anti-competitive practices" means business conduct or transactions that adversely affect competition, such as:

(a) anti-competitive horizontal arrangements between competitors;

(b) misuse of market power, including predatory pricing by businesses;

(c) anti-competitive vertical arrangements between businesses; and

(d) anti-competitive mergers and acquisitions.

ARTICLE 2
Promotion of Competition

1. Each Party shall promote competition by addressing anti-competitive practices in its territory, adopting and enforcing such means or measures as it deems appropriate and effective to counter such practices.

2. Such means and measures may include the implementation of competition and regulatory arrangements.

ARTICLE 3
Application of Competition Laws

1. The Parties shall ensure that all businesses registered or incorporated under their respective domestic laws are subject to such generic or relevant sectoral competition laws as may be in force in their respective territories.

2. Any measures taken by a Party to proscribe anti-competitive practices, and the enforcement actions taken pursuant to those measures, shall be consistent with the principles of transparency, timeliness, non-discrimination and procedural fairness.

ARTICLE 4
Competitive Neutrality

1. The Parties shall take reasonable measures to ensure that governments at all levels do not provide any competitive advantage to any government-owned businesses in their business activities simply because they are government owned.

2. This Article applies to the business activities of government-owned businesses and not to their non-business, non-commercial activities.

ARTICLE 5
Exemptions

Either Party may exempt specific measures or sectors from this Chapter, provided that such exemptions are transparent and are undertaken on the grounds of public policy or public interest.

ARTICLE 6
Consultation and Review

1. At the request of a Party, the Parties shall consult with a view to eliminating particular anti-competitive practices that affect trade or investment between the Parties.

2. Within six months of a generic competition law coming into effect in Singapore, the Parties shall consult in order to review the scope and operation of this Chapter with a view to negotiating amendments to this Chapter that may be necessary to ensure the comprehensive protection in their respective territories of the legitimate commercial interests of businesses of the other Party.

3. In undertaking any consultations in accordance with Article 6.2, the Parties shall also discuss the desirability of concluding arrangements for cooperation and mutual assistance in competition policy and enforcement, either as amendments to this Chapter or as separate arrangements between their respective competition authorities.

4. Any information or documents exchanged between the Parties in relation to any mutual consultations and review conducted pursuant to the provisions of this Chapter shall be kept confidential. Neither Party shall, except to comply with its domestic legal requirements, release or disclose such information or documents to any person without the written consent of the Party which provided such information or documents. Where the disclosure of such information or documents is necessary to comply with the domestic legal requirements of a Party, that Party shall notify the other Party before such disclosure is made.

ARTICLE 7
Transparency

The Parties shall publish or otherwise make publicly available their laws addressing fair competition.

ARTICLE 8
General

1. Nothing in this Chapter permits a Party to reopen, re-examine or to challenge under any dispute settlement procedure under this Agreement, any finding, determination or decision made by a competition authority of the other Party in enforcing the applicable competition laws and regulations.

2. Neither Party shall have recourse to any dispute settlement procedures under this Agreement for any issue arising from or relating to this Chapter.

3. In the event of any inconsistency or conflict between any provision in this Chapter and any provision contained in any other Chapter of this Agreement, the latter shall prevail to the extent of such inconsistency or conflict.

13 INTELLECTUAL PROPERTY

ARTICLE 1
Purpose and Definitions

1. The purpose of this Chapter is to increase the benefits from trade and investment through the protection and enforcement of intellectual property rights.

2. For the purposes of this Chapter "intellectual property rights" refers to copyright and related rights; rights in trade marks, geographical indications, industrial designs, patents, and layout-designs (topographies) of integrated circuits; rights in plant varieties; and rights in undisclosed information.

ARTICLE 2
Adherence to International Instruments

Each Party reaffirms its commitment to the provisions of any international agreement.

ARTICLE 3
Storage of Intellectual Property in Electronic Media

Copies of copyright material to which the right of reproduction applies shall include electronic copies of works, sound recordings, and cinematographic films. This is subject to limitations or exceptions as permitted under the laws of the Parties.

ARTICLE 4
Measures to Prevent the Export of Goods that Infringe Copyright or Trade Marks

Each Party, on receipt of information or complaints, shall take measures to prevent the export of goods that infringe copyright or trade marks, in accordance with its laws, rules, regulations, directives or policies.

ARTICLE 5
Cooperation on Enforcement

The Parties agree to cooperate with a view to eliminating trade in goods infringing intellectual property rights, subject to their respective laws, rules, regulations, directives or policies. Such cooperation shall include:

(a) the notification of contact points for the enforcement of intellectual property rights;

(b) the exchange, between respective agencies responsible for the enforcement of intellectual property rights, of information concerning infringement of intellectual property rights;

(c) policy dialogue on initiatives for the enforcement of intellectual property rights in multilateral and regional fora; and

(d) such other activities and initiatives for the enforcement of intellectual property rights as may be mutually agreed between the Parties.

ARTICLE 6
Cooperation on Education and Exchange of Information on Protection, Management and Exploitation of Intellectual Property Rights

The Parties, through their competent agencies, agree to:

(a) exchange information and material on programmes pertaining to intellectual property rights education and awareness, and to commercialisation of intellectual property, to the extent permissible under their respective laws, rules, regulations and directives; and

(b) encourage and facilitate the development of contacts and cooperation between their respective government agencies, educational institutions, organisations and other entities in the field of intellectual property rights protection and development, including in the education and training of patent agents.

ARTICLE 7
Settlement of Disputes relating to Domain Names and Trade Marks

Both Parties shall continue to monitor and support, where appropriate, endeavours to develop international policy or guidelines governing the resolution of disputes relating to domain names and trade marks.

14 ELECTRONIC COMMERCE

Preamble

The Parties recognise the economic growth and opportunities provided by electronic commerce and the importance of avoiding barriers to its use and development.

ARTICLE 1
Purposes and Definitions

1. The purposes of this Chapter are to promote electronic commerce between the Parties and to promote the wider use of electronic commerce globally.

2. For the purposes of this Chapter:

(a) "customs duties" has the same meaning as Article 1(a) of Chapter 2 (Trade in Goods);

(b) "electronic version" of a document means a document in an electronic format prescribed by a Party, including a document sent by facsimile transmission; and

(c) "trade administration documents" means paper forms issued or controlled by the Government of a Party which must be completed by or for an importer or exporter in relation to the import or export of goods.

ARTICLE 2
Transparency

1. Each Party shall promptly publish, or otherwise promptly make publicly available where publication is not practicable, all relevant measures of general application which pertain to or affect the operation of this Chapter.

2. Each Party shall respond promptly to all requests by the other Party for specific information on any of its measures of general application within the meaning of paragraph 1.

ARTICLE 3
Customs Duties

Each Party shall maintain its current practice of not imposing customs duties on electronic transmissions between Australia and Singapore.

ARTICLE 4
Domestic Regulatory Frameworks

1. Each Party shall maintain domestic legal frameworks governing electronic transactions based on the UNCITRAL Model Law on Electronic Commerce.

2. Each Party shall:

(a) minimise the regulatory burden on electronic commerce; and

(b) ensure that regulatory frameworks support industry-led development of electronic commerce.

ARTICLE 5
Electronic Authentication and Electronic Signatures

1. Each Party shall maintain domestic legislation for electronic authentication that:

(a) permits parties to an electronic transaction to determine the appropriate authentication technologies and implementation models for their electronic transaction, without limiting the recognition of technologies and implementation models; and

(b) permits parties to an electronic transaction to have the opportunity to prove in court that their electronic transaction complies with any legal requirements.

2. The Parties shall work towards mutual recognition of electronic signatures through a cross-recognition framework at government level based on internationally accepted standards.

3. The Parties shall encourage the interoperability of digital certificates in the business sector, including in financial services.

ARTICLE 6
Online Consumer Protection

1. Each Party shall, to the extent possible and in a manner considered appropriate by that Party, provide protection for consumers using electronic commerce that is at least equivalent to that provided for consumers of other forms of commerce under their respective domestic laws.

ARTICLE 7
Online Personal Data Protection

1. Notwithstanding the differences in existing systems for personal data protection in the territories of the Parties, each Party shall take such measures as it considers appropriate and necessary to protect the personal data of users of electronic commerce.

2. In the development of data protection standards, each Party shall take into account the international standards and criteria of relevant international organisations.

ARTICLE 8
Paperless Trading

1. Each Party shall make publicly available, which may include through a process prescribed by the relevant Party, electronic versions of all existing publicly available versions of trade administration documents by 2005.

2. Each Party shall accept electronic versions of its trade administration documents as the legal equivalent of paper documents except where:

(a) there is a domestic or international legal requirement to the contrary; or

(b) doing so would reduce the effectiveness of the trade administration process.

3. The Parties shall cooperate bilaterally and in international fora to enhance the acceptance of electronic versions of trade administration documents.

ARTICLE 9
Exceptions

1. This Chapter shall be subject to the general and security exceptions listed in Articles 18 (General Exceptions) and 19 (Security Exceptions) of Chapter 7 (Trade in Services).

ARTICLE 10
Non-Application of Dispute Settlement Provisions

Chapter 16 (Dispute Settlement) shall not apply to Articles 4 (Domestic Regulatory Framework), 5 (Electronic Authentication and Electronic Signature), 6 (Online Consumer Protection) and 7 (Online Personal Data Protection) of this Chapter.

15 EDUCATION COOPERATION

ARTICLE 1
Scope and Purpose

The purpose of this Chapter is to foster closer people-to-people links and mutual understanding between Australia and Singapore and to enhance the role played by education in enhancing the bilateral trade and investment relationship through promoting mutual cooperation in education.

ARTICLE 2
Fields of Cooperation

Both Parties shall encourage and facilitate, as appropriate, exchanges in the following fields:

(a) quality assurance processes;

(b) on-line and distance education at all levels;

(c) primary and secondary education systems;

(d) higher education;

(e) technical education and vocational training;

(f) industry collaboration for technical and vocational training; and

(g) teacher training and development.

ARTICLE 3
Facilitation of Cooperation

Both Parties shall encourage and facilitate, as appropriate, the development of contacts and cooperation between their respective government agencies, educational institutions, organisations, and other entities and the conclusion of arrangements between such bodies to cooperate in the above fields. These may be achieved through:

(a) joint planning and implementation of programs and projects, and joint coordination of targeted activities in agreed fields;

(b) development of collaborative training, joint research and development, technology transfer and joint ventures between appropriate authorities and institutions;

(c) development of programs which can be jointly delivered by institutions;

(d) exchange of teaching staff, administrators, researchers and students;

(e) academic credit transfer and mutual recognition of academic and vocational qualifications, between recognised institutions of higher learning;

(f) cooperation in areas of interest in technical and vocational education;

(g) exchange of teaching and curriculum materials, teaching aids, and demonstration materials as well as the organisation of relevant specialised exhibitions and seminars;

(h) exchange of information on:

(i) study opportunities in Australia and Singapore;

(ii) education systems and standards; and

(iii) research projects, symposia and other academic events;

(i) cooperative research in emerging education issues;

(j) collaboration on the development of quality assured innovative resources to support learning and assessment, and the professional development of teachers and trainers in training and vocational education; and

(k) other forms of cooperation as may be mutually determined.

ARTICLE 4
Student Mobility and Scholarship Arrangements

1. Both Parties shall foster the mobility of students.

2. A Party shall, subject to any qualification requirements for professional practice in its territory, allow its scholarships for overseas studies to be tenable at universities in the territory of the other Party.

3. Both Parties shall encourage their government scholarship nominees to consider the other Party as one of the countries for their overseas study.

ARTICLE 5
Costs

1. Cooperation under this Chapter shall be subject to the availability of funds.

2. The cooperative activities under this Chapter shall be funded as mutually determined.

16 DISPUTE SETTLEMENT

ARTICLE 1
Scope and Coverage

1. Unless otherwise agreed by the Parties elsewhere in this Agreement, the provisions of this Chapter shall apply with respect to the avoidance or settlement of disputes between the Parties concerning their rights and obligations under this Agreement.

2. The rules and procedures set out in this Chapter may be waived, varied or modified by mutual agreement.

3. Findings and recommendations of an arbitral tribunal cannot add to or diminish the rights and obligations of the Parties under this Agreement.

4. The provisions of this Chapter may be invoked in respect of measures affecting the observance of this Agreement taken by regional or local governments or authorities within the territory of a Party. When an arbitral tribunal has ruled that a provision of this Agreement has not been observed, the responsible Party shall take such reasonable measures as may be available to it to ensure its observance. The provisions of this Chapter relating to compensation and suspension of benefits apply in cases where it has not been possible to secure such observance.

5. Arbitral tribunals shall clarify the provisions of this Agreement in accordance with customary rules of interpretation of public international law.

ARTICLE 2
Consultations

1. Each Party shall accord adequate opportunity for consultations regarding any representations made by the other Party with respect to any matter affecting the implementation, interpretation or application of this Agreement. Any differences shall, as far as possible, be settled by consultation between the Parties.

2. Any Party which considers that any benefit accruing to it directly or indirectly under this Agreement is being nullified or impaired, or that the attainment of any objective of this Agreement is being impeded, as a result of the failure of the other Party to carry out its obligations under this Agreement, may, with a view to achieving satisfactory settlement of the matter, make representations or proposals to the other Party, which shall give due consideration to the representations or proposals made to it.

3. If a request for consultation is made, the Party to which the request is made shall reply to the request within 7 days after the date of its receipt and shall enter into consultations within a period of no more than 30 days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution.

4. The Parties shall make every effort to reach a mutually satisfactory resolution of any matter through consultations. To this end, the Parties shall:

(a) provide sufficient information to enable a full examination of how the measure might affect the operation of the Agreement; and

(b) treat as confidential any information exchanged in the consultations which the other Party has designated as confidential.

ARTICLE 3
Good Offices, Conciliation or Mediation

1. The Parties may at any time agree to good offices, conciliation or mediation. They may begin at any time and be terminated by either Party at any time.

2. If the Parties agree, procedures for good offices, conciliation or mediation may continue while the dispute proceeds for resolution before an arbitral tribunal appointed under Article 4 (Appointment of Arbitral Tribunals).

ARTICLE 4
Appointment of Arbitral Tribunals

If the consultations fail to settle a dispute within 60 days after the date of receipt of the request for consultations, the Party which made the request for consultations may make a written request to the other Party to appoint an arbitral tribunal under this Article. The request shall include a statement of the claim and the grounds on which it is based.

ARTICLE 5
Composition of Arbitral Tribunals

1. The arbitral tribunal referred to in Article 4 (Appointment of Arbitral Tribunals) shall consist of three members. Each Party shall appoint an arbitrator within 30 days of the receipt of the request under Article 4, and the two arbitrators appointed shall, within 30 days of the appointment of the second of them, designate by common agreement the third arbitrator.

2. The Parties shall, within 7 days of the designation of the third arbitrator, approve or disapprove the appointment of that arbitrator, who shall, if approved, chair the tribunal.

3. If the third arbitrator has not been designated within 30 days of the appointment of the second arbitrator, or one of the Parties disapproves the appointment of the third arbitrator, the Ministers in charge of trade negotiations of the Parties shall consult directly in order to jointly appoint the chair of the arbitral tribunal within a further period of 30 days.

4. If an arbitrator appointed under this Article resigns or becomes unable to act, a successor arbitrator shall be appointed in the same manner as prescribed for the appointment of the original arbitrator and the successor shall have all the powers and duties of the original arbitrator.

5. Any person appointed as a member or chair of the arbitral tribunal shall not be a national of either Party and 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, and shall be chosen strictly on the basis of objectivity, reliability, sound judgement and independence. Additionally, the chair shall not have his or her usual place of residence in the territory of, nor be employed by, either Party.

ARTICLE 6
Functions of Arbitral Tribunals

1. The function of an arbitral tribunal is to make an objective assessment of the dispute before it, including an examination of the facts of the case and the applicability of and conformity with this Agreement. Where the arbitral tribunal concludes that a measure is inconsistent with a provision of this Agreement, it shall recommend that a Party bring the measure into conformity with that provision.

2. The findings and recommendations of the arbitral tribunal shall be set out in a report released to the Parties. An arbitral tribunal may make its findings and recommendations upon the default of a Party.

3. An arbitral tribunal shall take its decisions by consensus; provided that where an arbitral tribunal is unable to reach consensus it may take its decisions by majority vote.

4. The arbitral tribunal shall, in consultation with the Parties and apart from the matters set out in Article 7 (Proceedings of Arbitral Tribunals), regulate its own procedures in relation to the rights of Parties to be heard and its deliberations.

ARTICLE 7
Proceedings of Arbitral Tribunals

1. An arbitral tribunal shall meet in closed session. The Parties shall be present at the meetings only when invited by the arbitral tribunal to appear before it.

2. The deliberations of an arbitral tribunal and the documents submitted to it shall be kept confidential. Nothing in this Article shall preclude a Party from disclosing statements of its own positions or its submissions to the public; provided that a Party shall treat as confidential information submitted by the other Party to the arbitral tribunal which that Party has designated as confidential. Where a Party submits a confidential version of its written submissions to the arbitral tribunal, it shall also, upon request of the other Party, provide a non-confidential summary of the information contained in its submissions that could be disclosed to the public.

3. Before the first substantive meeting of the arbitral tribunal with the Parties, the Parties shall transmit to the arbitral tribunal written submissions in which they present the facts of their case and their arguments.

4. At its first substantive meeting with the Parties, the arbitral tribunal shall ask the Party which has brought the complaint to present its submission. Subsequently, and still at the same meeting, the Party against which the complaint has been brought shall be asked to present its submission.

5. Formal rebuttals shall be made at a second substantive meeting of the arbitral tribunal. The Party complained against shall have the right to present its submission first, and shall be followed by the complaining Party. The Parties shall submit, prior to the meeting, written rebuttals to the arbitral tribunal.

6. The arbitral tribunal may at any time put questions to the Parties and ask them for explanations either in the course of a meeting with the Parties or in writing.

7. The Parties shall make available to the arbitral tribunal a written version of their oral statements.

8. In the interests of full transparency, the presentations, rebuttals and statements referred to in paragraphs 4 to 6 shall be made in the presence of the Parties. Moreover, each Party's written submissions, including any comments on the report, written versions of oral statements and responses to questions put by the arbitral tribunal, shall be made available to the other Party. There shall be no ex parte communications with the arbitral tribunal concerning matters under consideration by it.

9. The arbitral tribunal shall have the right, in consultation with the Parties, to seek information and technical advice from any individual or body which it deems appropriate, and shall make any such information and technical advice available to the Parties. A Party shall respond promptly and fully to any request by an arbitral tribunal for such information as the arbitral tribunal considers necessary and appropriate.

10. The report of the arbitral tribunal shall be drafted without the presence of the Parties in the light of the information provided and the statements made. The arbitral tribunal shall accord adequate opportunity to the Parties to review the entirety of its draft report prior to its finalisation and shall include a discussion of any comments by the Parties in its final report.

11. The arbitral tribunal shall release to the Parties its final report on the dispute referred to it within 60 days of its formation. When the arbitral tribunal considers that it cannot release its final report within 60 days, it shall inform the Parties in writing of the reasons for the delay together with an estimate of the period within which it will issue its report. The final report of the arbitral tribunal shall become a public document within 10 days after its release to the Parties.

ARTICLE 8
Suspension and Termination of Proceedings

1. Where the Parties agree, the arbitral tribunal may suspend its work at any time for a period not exceeding 12 months from the date of such agreement. If the work of the arbitral tribunal has been suspended for more than 12 months, the authority for establishment of the tribunal shall lapse unless the Parties agree otherwise.

2. The Parties may agree to terminate the proceedings of an arbitral tribunal established under this Agreement, in the event that a mutually satisfactory solution to the dispute has been found.

3. Before the arbitral tribunal makes its decision, it may at any stage of the proceedings propose to the Parties that the dispute be settled amicably.

ARTICLE 9
Implementation

1. The Party concerned shall comply with the arbitral tribunal's recommendations within a reasonable period of time. The reasonable period of time shall be mutually determined by the Parties or, where the Parties fail to agree on the reasonable period of time within 45 days of the release of the arbitral tribunal's report, either Party may refer the matter to the tribunal, which shall determine the reasonable period of time following consultation with the Parties.

2. Where there is disagreement as to the existence or consistency with this Agreement of measures taken within the reasonable period of time to comply with the recommendations of the arbitral tribunal, such dispute shall be decided through recourse to the dispute settlement procedures in this Chapter, including wherever possible by resort to the original arbitral tribunal. The arbitral tribunal shall provide its report to the Parties within 60 days after the date of the referral of the matter to it. When the arbitral tribunal considers that it cannot provide its report within this timeframe, it shall inform the Parties in writing of the reasons for the delay together with an estimate of the period within which it will submit its report.

ARTICLE 10
Compensation and Suspension of Benefits

1. If the Party concerned fails to bring the measure found to be inconsistent with the Agreement into compliance with the recommendations of the arbitral tribunal under Article 9.2 within 20 days of the report of that arbitral tribunal being provided to the Parties, that Party shall, if so requested, enter into negotiations with the complaining Party with a view to reaching a mutually satisfactory agreement on any necessary compensatory adjustment.

2. If no mutually satisfactory agreement on compensation has been reached within 20 days after the request of the complaining Party to enter into negotiations on compensatory adjustment, the complaining Party may request the original arbitral tribunal to determine the appropriate level of any suspension of benefits conferred on the other Party under this Agreement. Where the original arbitral tribunal cannot hear the matter for any reason, a new tribunal shall be appointed under Article 4 (Appointment of Arbitral Tribunals).

3. Any suspension of benefits shall be restricted to benefits accruing to the other Party under this Agreement.

4. In considering what benefits to suspend under Article 10.2:

(a) the Party having invoked the dispute settlement procedures should first seek to suspend benefits in the same sector or sectors as that affected by the measure or other matter that the arbitral tribunal has found to be inconsistent with this Agreement or to have caused nullification or impairment; and

(b) the Party having invoked the dispute settlement procedures may suspend benefits in other sectors if it considers that it is not practicable or effective to suspend benefits in the same sector.

5. The suspension of benefits shall be temporary and shall only be applied until such time as the measure found to be inconsistent with this Agreement has been removed, or the Party that must implement the arbitral tribunal's recommendations has done so, or a mutually satisfactory solution is reached.

ARTICLE 11
Expenses

Each Party shall bear the costs of its appointed arbitrator and its own expenses and legal costs. The costs of the Chair of the arbitral tribunal and other expenses associated with the conduct of its proceedings shall be borne in equal parts by both Parties.

17 FINAL PROVISIONS

ARTICLE 1
State, Regional and Local Government

Each Party is fully responsible for the observance of all provisions in this Agreement, and, except as otherwise provided for in this Agreement, shall take such reasonable measures as may be available to it to ensure their observance by the regional and local governments and authorities within its territory, and in respect of trade in services and investment covered by Chapter 7 (Trade in Services) and Chapter 8 (Investment) of this Agreement, their observance by non-governmental bodies (in the exercise of powers delegated by central, state, regional or local government or authorities) within its territory.

ARTICLE 2
Contact point

Each Party shall designate a contact point to facilitate communications between the Parties on any matter covered by this Agreement. On the request of a Party, the contact point of the requested Party shall identify the office or official responsible for the matter and assist in facilitating communication with the requesting Party.

ARTICLE 3
Review

In addition to the provisions for consultations elsewhere in this Agreement, Ministers in charge of trade negotiations of the Parties shall meet within a year of the date of entry into force of this Agreement and then biennially or otherwise as appropriate to review this Agreement.

ARTICLE 4
Association with the Agreement

This Agreement is open to accession or association, on terms to be agreed between the Parties, by any State or separate customs territory.

ARTICLE 5
Relation to Other Agreements

In the event of any inconsistency between this Agreement and any other agreement to which both Parties are parties, the Parties shall immediately consult with each other with a view to finding a mutually satisfactory solution in accordance with customary rules of public international law.

ARTICLE 6
Annexes

The Annexes to this Agreement shall form an integral part of this Agreement.

ARTICLE 7
Amendments

This Agreement may be amended by agreement in writing by the Parties and such amendments shall enter into force on such date or dates as may be agreed between them.

ARTICLE 8
Entry into Force, Duration and Termination

1. This Agreement shall enter into force on the date on which the Parties have exchanged notes confirming the completion of their respective procedures for the entry into force of this Agreement[25].

2. Either Party may terminate this Agreement by giving the other Party six months' advance notice in writing.

IN WITNESS WHEREOF the undersigned, being duly authorised by their respective Governments, have signed this Agreement.

DONE in duplicate at Singapore this 10th day of May 2004.

*For Australia*	*For Singapore*

Prime Minister	President

[1] Cultivating includes the process of aquaculture.

[2] Evidence of sale in most cases would refer to an invoice number and not the purchase order number.

[3] For the purposes of this Chapter, "goods and services" includes construction.

[4] Where the service is not supplied directly by a legal person but through other forms of commercial presence such as a branch or a representative office, the service supplier (i.e. the legal person) shall, nonetheless, through such presence be accorded the treatment provided for service suppliers under this Agreement. Such treatment shall be extended to the presence through which the service is supplied and need not be extended to any other parts of the supplier located outside the territory where the service is supplied.

[5] Subject to the reservations that a Party makes in respect of market access pursuant to Article 5 (Reservations), where the cross-border movement of capital is an essential part of a service supplied through the mode of supply referred to in Article 1(s)(i), that Party is hereby committed to allow such movement of capital. Subject to the reservations that a Party makes in respect of market access pursuant to Article 5 (Reservations), where a service is supplied through the mode of supply referred to in Article 1(s)(iii) that Party is hereby committed to allow related transfers of capital into its territory.

[6] Article 3(c) does not cover measures of a Party which limit inputs for the supply of services.

[7] The term "relevant international organisations" refers to international bodies whose membership is open to relevant bodies of both Parties.

[8] The public order exception may be invoked only where a genuine and sufficiently serious threat is posed to one of the fundamental interests of society.

[9] Measures that are aimed at ensuring the equitable or effective imposition or collection of direct taxes include measures taken by a Party under its taxation system which:

(i) apply to non-resident service suppliers in recognition of the fact that the tax obligation of non-residents is determined with respect to taxable items sourced or located in the Party's territory; or

(ii) apply to non-residents in order to ensure the imposition or collection of taxes in the Party's territory; or

(iii) apply to non-residents or residents in order to prevent the avoidance or evasion of taxes, including compliance measures; or

(iv) apply to consumers of services supplied in or from the territory of the other Party in order to ensure the imposition or collection of taxes on such consumers derived from sources in the Party's territory; or

(v) distinguish service suppliers subject to tax on worldwide taxable items from other service suppliers, in recognition of the difference in the nature of the tax base between them; or

(vi) determine, allocate or apportion income, profit, gain, loss, deduction or credit of resident persons or branches, or between related persons or branches of the same person, in order to safeguard the Party's tax base.

Tax terms or concepts in Article 18(d) and in this footnote are determined according to tax definitions and concepts, or equivalent or similar definitions and concepts, under the domestic law of the Party taking the measure.

[10] The public order exception may be invoked only where a genuine and sufficiently serious threat is posed to one of the fundamental interests of society.

[11] For the avoidance of doubt, "relevant market" may refer to a market for the supply of public telecommunications networks or services (or parts thereof) provided by any supplier of public telecommunications networks or services, that give this supplier the ability to materially affect the terms of participation in the market (having regard to price and supply).

[12] "Public telecommunications service" includes Internet routing and connectivity services.

[13] For avoidance of doubt, access to unbundled network elements is addressed in Article 9.3.

[14] For avoidance of doubt, each Party may fulfil the obligations in this Article by any measure it considers necessary or appropriate, within the context of domestic law and regulation.

[15] For the avoidance of doubt, this paragraph does not apply to judicial authorities of either Party.

[16] The maintenance of appropriate measures includes the effective enforcement of such measures.

[17] For the avoidance of doubt, the obligations imposed under this Article only apply with respect to those public telecommunications networks or services, or parts thereof, that result in a supplier of public telecommunications networks or services being a major supplier.

[18] The costs incurred by a major supplier in supplying public telecommunications networks or services to itself may be determined in accordance with any cost-oriented costing methodology considered appropriate by a Party. Treatment that is no less favourable regarding rates for like public telecommunications networks or services may take into account the legitimate transaction costs which the major supplier incurs in supplying such public telecommunications networks or services to suppliers of public telecommunications networks or services of the other Party.

[19] The maintenance of appropriate measures includes the effective enforcement of such measures.

[20] Australia's interconnection regime provides access on terms and conditions which are fair and reasonable to all parties and which do not unfairly discriminate between users. Access rights are guaranteed by legislation and the terms and conditions of access are established primarily through processes of commercial negotiation or by reference to access undertakings given by suppliers of public telecommunications networks or services which may draw upon an industry code of practice. Any code of practice and each supplier's undertaking will be subject to approval by the regulator.

[21] In Australia, the rate at which interconnection is provided is determined by negotiation. Both negotiating parties have recourse to the regulator which will make a decision based on transparent criteria to ensure that rates are fair and reasonable in the circumstances.

[22] The regulator may resolve any dispute on what costs are relevant in determining rates.

[23] To the extent of any inconsistency between this Article and Article 9, the latter shall prevail.

[24] Decisions on the allocation and assignment of spectrum and frequency management are not measures that are per se inconsistent with Article 3 (Market Access) of Chapter 7 (Trade in Services). Accordingly, each Party retains the ability to exercise its spectrum and frequency management policies, which may affect the number of service suppliers, provided that this is done in a manner that is consistent with the provisions of this Agreement. The Parties also retain the right to allocate frequency bands taking into account existing and future needs.

[25] Entered into force on 28 July 2004

ANNEX 1: EXPORT DUTIES

IRON ORES AND CONCENTRATES, INCLUDING ROASTED IRON PYRITES:
-Iron ores and concentrates, other than roasted iron pyrites:
--Non-agglomerated

TITANIUM ORES AND CONCENTRATES

NIOBIUM, TANTALUM, VANADIUM OR ZIRCONIUM ORES AND CONCENTRATES:
--Zirconium ores and concentrates

COAL; BRIQUETTES, OVOIDS AND SIMILAR SOLID FUELS MANUFACTURED FROM COAL:
-Coal, whether or not pulverised, but not agglomerated:
--Anthracite
--Bituminous coal
--Other coal
--Briquettes, ovoids and similar solid fuels manufactured from coal

LIGNITE, WHETHER OR NOT AGGLOMERATED, EXCLUDING JET:
--Lignite, whether or not pulverised, but not agglomerated:
--Agglomerated lignite

PEAT (INCLUDING PEAT LITTER), WHETHER OR NOT AGGLOMERATED

COKE AND SEMI-COKE OF COAL, OF LIGNITE OR OF PEAT WHETHER OR NOT AGGLOMERATED; RETORT CARBON

REFINED COPPER AND COPPER ALLOYS, UNWROUGHT:
-Refined copper:
--Cathodes and sections of cathodes

NICKEL MATTES, NICKEL OXIDE SINTERS AND OTHER INTERMEDIATE PRODUCTS OF NICKEL METALLURGY:
-Nickel oxide sinters and other intermediate products of nickel metallurgy

UNWROUGHT NICKEL:
-Nickel, not alloyed

UNWROUGHT LEAD:
-Other:
--Unwrought, unrefined lead not containing by weight antimony as the principal other element

ANNEX 2A: CERTIFICATE OF ORIGIN REQUIREMENTS

1. Authorised Bodies

The following bodies, and their successor bodies, are authorised to certify origin for the purposes of Section C (Documentary Evidence) of Chapter 3 (Rules of Origin).

AUSTRALIA	SINGAPORE
Australian Chamber of Commerce and Industry and affiliated bodies	International Enterprise Singapore
Australian Industry Group	Any body authorised by the Government of Singapore, subject to the agreement of the Parties
Any body authorised by the Government of Australia, subject to the agreement of the Parties

2. Minimum data requirements - Application for Certificate of Origin

The minimum data to be included in an application for a Certificate of Origin are:

1. Exporter (and Producer or Principal Manufacturer) details	The name, address and business number of the Exporter (and of the Producer or Principal Manufacturer if different from the Exporter).
2. First Shipment details (if known)	(a) Consignee name and address (b) Sufficient details to identify the consignment, such as invoice number and date and Air Way Bill, Sea Way Bill or Bill of Lading (c) Export Permit/Declaration (d) Port of Discharge
3. Full Description of the Goods	Detailed description of the goods, including the relevant code under the Harmonized Commodity Description and Coding System, and if applicable, product number and brand name.
4. Exporter Declaration	Declaration completed by a competent representative of the Exporter that the details provided in items 1 to 3 above are true and correct, signed and dated by that representative and annotated with the representative's name and designation.

3. Minimum data requirements - Certificate of Origin

The minimum data to be included in the Certificate of Origin are:

1. Exporter details	The name and address of the Exporter.
2. First Shipment details (if known)	(a) Consignee name and address (b) Sufficient details to identify the consignment, such as invoice number and date and Air Way Bill, Sea Way Bill or Bill of Lading (c) Export Permit/Declaration (d) Port of Discharge
3. Full Description of the Goods	Detailed description of the goods, including the relevant code under the Harmonized Commodity Description and Coding System, and if applicable, product number and brand name.
4. Exporter Declaration	Declaration completed by a competent representative of the Exporter that the details provided in items 1 to 3 above are true and correct, signed and dated by that representative and annotated with the representative's name and designation.
5. Certification by Authorised Body	Certification completed by a competent representative of the authorised body that, based on evidence provided by the producer or manufacturer, the goods specified in the Certificate of Origin originate in the exporting Party and comply with the rules of origin, as provided in Section A (Origin Conferment) of Chapter 3 (Rules of Origin) and specified in the Certificate of Origin. The Certificate of Origin must be signed and dated by the competent representative and annotated with the representative's name and designation.
6. Certificate Number	A unique number assigned to the Certificate of Origin by the authorised body.

ANNEX 2B: ALLOWABLE LABOUR AND OVERHEAD COSTS

Section (i): Labour Costs

For the purposes of Article 7 (Calculation of Costs - Allowable Expenditure on Labour) of Chapter 3 (Rules of Origin), each of the following costs, to the extent that the cost relates to labour, is allowed:

(a) the cost of wages and employee benefits;

(b) the cost of supervision and training;

(c) the cost of management of the process of manufacture;

(d) the cost of receipt and storage of materials;

(e) the cost of quality control;

(f) the cost of packing of goods into inner containers;

(g) the cost of handling and storage of goods within the place or places in which a process is performed, that is operated by the principal manufacturer in the territory of the exporting Party.

Section (ii): Overheads

1. For the purposes of Article 8 (Calculation of Costs - Allowable Expenditure on Overheads) of Chapter 3 (Rules of Origin), each of the following costs, to the extent that the cost relates to overheads, is allowed:

(a) the cost of inspection and testing of materials and goods;

(b) the cost of insurance of the following kinds:

(i) insurance of plant, equipment and materials used in the production of the goods;

(ii) insurance of work in progress and finished goods;

(iii) liability insurance;

(iv) accident compensation insurance; and

(v) insurance against consequential loss from accident to plant and equipment;

(c) the cost of dies, moulds, and tooling and the depreciation, maintenance and repair of plant and equipment;

(d) the cost of interest payments for plant and equipment;

(e) the cost of research, development, design and engineering;

(f) the cost of the following items in respect of real property in the territory of the exporting Party used in the manufacture of the goods:

(i) insurance;

(ii) rent and lease payments;

(iii) mortgage interest;

(iv) depreciation on buildings;

(v) maintenance and repair; and

(vi) rates and taxes;

(g) the cost of leasing of plant and equipment;

(h) the cost of energy, fuel, water, lighting, lubricants, rags and other materials and supplies not directly incorporated in goods manufactured in the territory of the exporting Party;

(i) the cost of storage of goods at the place or places in which a process is performed, that is operated by the principal manufacturer in the territory of the exporting Party;

(j) the cost of royalties or licences in respect of patented machines or processes used in the manufacture of the goods or in respect of the right to manufacture the goods;

(k) the cost of subscriptions to standards institutions and industry and research associations;

(l) the cost of the provision of medical care, cleaning services, cleaning materials and equipment, training materials and safety and protective clothing and equipment;

(m) the cost of the disposal of non-recyclable waste;

(n.) the cost of subsidisation of a cafeteria in the place or places in which a process is performed, that is operated by the principal manufacturer in the territory of the exporting Party, to the extent not recovered by returns;

(o) the cost of security in the place or places in which a process in is performed, that is operated by the principal manufacturer in the territory of the exporting Party;

(p) the cost of computer facilities allocated to the process of manufacture of the goods;

(q) the cost of contracting out part of the manufacturing process within Australia or Singapore, including any associated transport or storage costs;

(r) the cost of employee transport;

(s) the cost of vehicle expenses;

(t) the cost of any tax in the nature of a fringe benefits tax; and

(u) the cost of transporting goods between places in the territory of the exporting Party in which one or more processes are performed by the principal manufacturer.

2. In working out a cost for the purposes of paragraph (1), the following costs are not included:

(a) any cost or expense relating to the general expense of doing business (including, but not limited to, any cost or expense relating to insurance or to executive, financial, sales, advertising, marketing, accounting or legal services);

(b) the cost of telephone, mail and other means of communication;

(c) the cost of international travel expenses, including fares and accommodation;

(d) the cost of the following items in respect of real property used by persons carrying out administrative functions:

(i) insurance;

(ii) rent and lease payments;

(iii) mortgage interest;

(iv) depreciation on buildings;

(v) maintenance and repair; and

(vi) rates and taxes;

(e) the cost of conveying, insuring or shipping the goods after manufacture;

(f) the cost of shipping containers or packing the goods into shipping containers;

(g) the cost of any royalty payment relating to a licensing agreement to distribute or sell the goods;

(h) the profit of the principal manufacturer and the profit or remuneration of any trader, agent, broker or other person dealing in the goods after manufacture;

(i) any other cost incurred after the completion of all processes performed by, or on behalf of, the principal manufacturer; and

(j) the cost of processing goods in the territory of a non-Party.

3. For the purposes of paragraphs (1)(c) and (1)(f), the cost of depreciation of plant, equipment or buildings must be calculated in accordance with Generally Accepted Accounting Principles, as applied by the principal manufacturer.

ANNEX 3A: LIST OF ENTITIES FOR AUSTRALIA

List of Departments:
Department of Agriculture, Fisheries and Forestry
Attorney-General's Department
Department of Communications and the Arts
Department of Defence
Department of Education
Department of Employment and Workplace Relations
Department of the Environment
Department of Social Sciences
Department of Finance
Department of Foreign Affairs and Trade
Department of Health
Department of Home Affairs
Department of Industry, Science, Energy and Resources
Department of the Prime Minister and Cabinet
Department of Infrastructure and Transport
Department of Regional Australia, Regional Development and Local Government
Department of the Treasury
Department of Veterans Affairs'
Department of the House of Representatives
Department of the Senate
Joint House Department
Department of the Parliamentary Library
Department of the Parliamentary Reporting Staff

List of Other Financial Management and Accountability Act Agencies:
Administrative Appeals Tribunal
Australian Agency for International Development
Australian Border Force
Australian Bureau of Statistics
Australian Centre for International Agricultural Research
Australian Competition and Consumer Commission
Australian Criminal Intelligence Commission
Australian Electoral Commission
Australian Federal Police
Australian Industrial Registry
Australian National Audit Office
Australian Office of Financial Management
Australian Public Service Commission
Australian Radiation Protection and Nuclear Safety Agency
Australian Research Council
Australian Secret Intelligence Service
Australian Security Intelligence Organisation
Australian Taxation Office
Australian Transaction Reports and Analysis Centre
Bureau of Meteorology
Centrelink
Classification Board
Classification Review Board
Commonwealth Grants Commission
Commonwealth Ombudsman Office
Comsuper
CrimTrac Agency
CSS Board
Dairy Adjustment Authority
Equal Opportunity for Women in the Workplace Agency
Family Court of Australia
Federal Court of Australia
Federal Magistrates Court
Geoscience Australia
Human Rights and Equal Opportunity Commission
Insolvency and Trustee Service Australia
IP Australia
Migration Review Tribunal
National Archives of Australia
National Capital Authority
National Competition Council
National Native Title Registry
National Oceans Office
National Office for the Information Economy
Office of Film and Literature Classification
Office of National Intelligence
Office of Parliamentary Counsel
Office of the Director of Public Prosecutions
Office of the Inspector-General of Intelligence and Security
Office of the Official Secretary to the Governor-General
Office of the Privacy Commissioner
Productivity Commission
Professional Services Review Scheme
PSS Board
Refugee Review Tribunal

ANNEX 3B: LIST OF ENTITIES FOR SINGAPORE

List of Ministries, Departments and Organs of State:
Attorney-General's Chambers
Auditor-General's Office
Cabinet Office
Istana
Judicature
Ministry of Community Development & Sports
Ministry of Defence
Ministry of Education
Ministry of Environment
Ministry of Finance
Ministry of Foreign Affairs
Ministry of Health
Ministry of Home Affairs
Ministry of Information, Communications and the Arts
Ministry of Law
Ministry of Manpower
Ministry of National Development
Ministry of Trade and Industry
Ministry of Transport
Parliament
Presidential Councils
Prime Minister's Office
Public Service Commission

List of Statutory Boards:
Agency for Science, Technology and Research
Board of Architects
Building & Construction Authority
Civil Aviation Authority of Singapore
Economic Development Board
Housing and Development Board
Info-Communications Development Authority of Singapore
Inland Revenue Authority of Singapore
International Enterprise Singapore
Jurong Town Corporation
Land Transport Authority of Singapore
Maritime and Port Authority of Singapore
Monetary Authority of Singapore
Nanyang Technological University
National Parks Board
National University of Singapore
Preservation of Monuments Board
Professional Engineers Board
Public Transport Council
Sentosa Development Corporation
Singapore Broadcasting Authority
Singapore Tourist Promotion Board
Standards, Productivity and Innovation Board
Urban Redevelopment Authority

ANNEX 4-I: NON-CONFORMING MEASURE RESERVATIONS TO CHAPTER 7 (TRADE IN SERVICES) AND CHAPTER 8 (INVESTMENT)

Notes:
1. Where appropriate, reservations are referenced to the Provisional Central Product Classification (CPC).
2. This annex sets out the reservations taken by each Party for measures that do not conform with obligations imposed by Articles 3 (Market Access) and 4 (National Treatment) in Chapter 7 (Trade in Services) and Article 3 (National Treatment) in Chapter 8 (Investment).
3. All measures affecting Articles 3 (Market Access) and 4 (National Treatment) in Chapter 7 (Trade in Services) and Article 3 (National Treatment) in Chapter 8 (Investment) shall be stated in the description. In the interpretation of a reservation, all elements of the reservation shall be considered in their totality.
4. A National Treatment reservation includes a reservation in respect of National Treatment under Chapter 7 (Trade in Services) and Chapter 8 (Investment) unless the context or circumstances require otherwise.
5. The reservations and commitments relating to trade in services shall be read together with any relevant international agreements.

Each reservation sets out the following elements:
(a) Sector refers to the general sector in which the reservation is taken;
(b) Sub-Sector refers to the specific sector in which the reservation is taken;
(c) Industry Classification refers, where applicable, to the activity covered by the reservation according to the CPC code or domestic industry classification codes;
(d) Type of Reservation specifies the obligation (Market Access, National Treatment) for which a reservation is taken;
(e) Source of Measure identifies the laws, regulations, rules, procedures, decisions, administrative actions or any other forms in relation to the non-conforming measures for which the reservation is taken. A measure cited in the Source of Measure element is any existing measure in force as of the date of entry into force of this Agreement and any subordinate measure adopted or maintained thereunder; and
(f) Description of Reservation sets out the non-conforming measure to which the reservation applies.

ANNEX 4-I(A): AUSTRALIA'S NON-CONFORMING MEASURE RESERVATIONS TO CHAPTER 7 (TRADE IN SERVICES) AND CHAPTER 8 (INVESTMENT)

ANNEX 4-I(B): SINGAPORE'S NON-CONFORMING MEASURE RESERVATIONS TO CHAPTER 7 (TRADE IN SERVICES) AND CHAPTER 8 (INVESTMENT)

ANNEX 4-II: SECTOR, SUBSECTORS AND ACTIVITIES RESERVATIONS TO CHAPTER 7 (TRADE IN SERVICES) AND CHAPTER 8 (INVESTMENT)

Notes:
1. Where appropriate, reservations are referenced to the Provisional Central Product Classification (CPC).
2. This annex sets out the reservations taken by each Party for sectors, subsectors or activities for which it may maintain existing or adopt new measures that do not conform with obligations imposed by Articles 3 (Market Access) and 4 (National Treatment) in Chapter 7 (Trade in Services) and Article 3 (National Treatment) in Chapter 8 (Investment).
3. 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.
4. A National Treatment reservation includes a reservation in respect of National Treatment under Chapter 7 (Trade in Services) and Chapter 8 (Investment) unless the context or circumstances require otherwise.
5. The reservations and commitments relating to trade in services shall be read together with any relevant international agreements.

Each reservation sets out the following elements:
(a) Sector refers to the general sector in which the reservation is taken;
(b) Sub-Sector refers to the specific sector in which the reservation is taken;
(c) Industry Classification refers, where applicable, to the activity covered by the reservation according to the CPC code or domestic industry classification codes;
(d) Type of Reservation specifies the obligation (National Treatment, Market Access) for which a reservation is taken;
(e) Description of Reservation sets out the scope of the sector, sub-sector or activities to which the reservation applies; and
(f) Existing Measures identifies, for transparency purposes only, existing laws, regulations, rules, procedures, decisions, administrative actions or any other forms in relation to the non-conforming measures that apply to the sector, sub-sector or activities covered by the reservation. The measures stipulated therein are not exhaustive.

ANNEX 4-II(A): AUSTRALIA'S SECTOR, SUBSECTORS AND ACTIVITIES RESERVATIONS TO CHAPTER 7 (TRADE IN SERVICES) AND CHAPTER 8 (INVESTMENT)

ANNEX 4-II(B): SINGAPORE'S SECTOR, SUBSECTORS AND ACTIVITIES RESERVATIONS TO CHAPTER 7 (TRADE IN SERVICES) AND CHAPTER 8 (INVESTMENT)

ANNEX 4-III: ADDITIONAL COMMITMENTS TO CHAPTER 7 (TRADE IN SERVICES) AND CHAPTER 8 (INVESTMENT)

(I) NOTE TO SINGAPORE'S COMMITMENTS FOR MARITIME SERVICES

Where the following services are not otherwise covered by the obligation enshrined in Article 1(i)(ii) of Chapter 7 (Trade in Services), they are made available to international maritime transport operators on reasonable and non-discriminatory terms and conditions:

-pilotage;

-towing and tug assistance;

-provisioning, fuelling and watering;

-garbage collection and ballast waste disposal;

-port captain's services

-navigation aids;

-emergency repair facilities;

-anchorage; and

-other shore-based operational services essential to ship operations, including communications, water and electrical supplies.

(II) RECOGNITION OF LAW DEGREES FOR ADMISSION AS QUALIFIED LAWYERS

Part 1: Singapore's Commitments

(A) Scope and coverage

1. This Part describes and sets out the conditions for Singapore's commitments for the supply of legal services in Singapore by Singapore citizens and permanent residents (as defined by Singapore laws and regulations) who completed their law degree courses at prescribed universities in Australia and who wish to seek admission as advocates and solicitors of the Supreme Court of Singapore.

(B) Description of Singapore's commitments

2.(a) Any Singapore citizen or permanent resident who has undergone an undergraduate course in law at any one of the 8 Australian Universities listed or to be listed in the First Schedule to the Legal Profession (Qualified Persons) Rules (S357/2001) and who is subsequently conferred the corresponding Bachelor of Laws degree ('LLB degree') as specified in the same Schedule shall be regarded as a qualified person for the purposes of admission as an advocate and solicitor of the Supreme Court of Singapore if he or she:

(i) has been ranked by that university as being amongst the highest 30%, in terms of academic performance, of the total number of the graduates in the same batch who have been conferred the degree or degrees as specified in that Schedule in respect of that university; and

(ii) has obtained the Diploma in Singapore Law.

(b) The 8 Australian Universities listed or to be listed in the First Schedule to the Legal Profession (Qualified Persons) Rules (S357/2001) referred to in paragraph 2(a) above are the Australian National University, Flinders University, Monash University, University of Melbourne, the University of New South Wales, the University of Queensland, the University of Sydney, and the University of Western Australia.

(c) For the purpose of subparagraph (a) above, all graduates in the same university who, in the same calendar year, commenced the final year of their course of study leading to the specified degree or degrees shall be regarded as belonging to the same batch. This means that in the case of the any one of the 8 Australian Universities listed or to be listed in the First Schedule to the Legal Profession (Qualified Persons) Rules (S357/2001), in respect of which 2 degrees (i.e. LLB & LLB (Honours)) have been specified, all the persons graduating with the degree of the LLB and all the persons graduating with the degree of LLB (Honours) will be taken together, for the purpose of ranking, as being in the same batch so long as they had, in the same calendar year, commenced the final year of their course which led to the conferment on them of their respective degrees.

(d) The 8 Australian Universities listed or to be listed in the First Schedule to the Legal Profession (Qualified Persons) Rules (S357/2001) shall not include any offshore campuses established by these universities outside Australia and the recognition of each of the relevant LLB degrees conferred by these universities shall be solely on the basis of attendance and completion of full-time residential LLB degree courses of at least 3 years' duration at one of these listed universities. All part-time or distance learning law courses conducted by any of these listed universities shall not be accorded recognition.

(e) Notwithstanding the above, however -

(i) any Singapore citizen or permanent resident who has been conferred any one of the LLB degrees listed or to be listed in the First Schedule to the Legal Profession (Qualified Persons) Rules (S357/2001) by the relevant university as listed in the same Schedule after completion of a full-time residential course in law of less than 3 years' duration or a dual degree course and the LLB degree is a component of such a dual degree course may, with the approval of the Board of Legal Education, be regarded as a qualified person for the purposes of admission as an advocate and solicitor of the Supreme Court of Singapore if he or she:

(A) has been ranked by that university as being amongst the highest 30%, in terms of academic performance, of the total number of the graduates in the same batch (as defined in subparagraph (b) above) who have been conferred the degree or degrees as specified in that Schedule in respect of that university; and

(B) has obtained the Diploma in Singapore Law; or

(ii) any Singapore citizen or permanent resident who has been conferred a combined degree by any of these listed universities which includes a qualification in law shall be regarded as a qualified person for the purposes of admission as an advocate and solicitor of the Supreme Court of Singapore if the course leading to that combined degree is approved by the Board of Legal Education and the person concerned satisfies such other requirements as the Board of Legal Education may specify.

(f) Any Singapore citizen or permanent resident who is regarded as a qualified person under subparagraphs (a) to (e) above and who wishes to be called to the Singapore Bar must serve the prescribed period of pupillage, and attend and successfully complete the Postgraduate Practical Course in Law conducted by the Board of Legal Education. Such a person must also comply with the provisions of Parts I & II of the Legal Profession Act as well as the following rules and regulations made thereunder:

(i) Legal Profession Rules (Cap 161, Rule 3);

(ii) Legal Profession (Oral Examinations) Rules (Cap 161, Rule 4);

(iii) Legal Profession (Fees for Ad Hoc Admission) Rules (Cap 161, Rule 14;

(iv) Legal Profession (Qualified Persons) Rules (S357/2001);

(v) Legal Profession (Recognition of Foreign Qualifications (Consolidation) Notification (Cap 161, Notification 1); and

(vi) Legal Profession (Prescribed fees) Rules (S55/2000).

(g) The list of Australian Universities in the said Schedule and the list of accepted LLB degrees conferred thereby may be amended after the entry into force of this Agreement by Singapore following consultations with Australia; Provided that the list shall not at any time contain less than 8 Australian Universities and any such amendments shall not directly or indirectly nullify the recognition already accorded to Singapore citizens and permanent residents prior to such amendments.

(h) The 8 Australian Universities listed or to be listed in the First Schedule to the Legal Profession (Qualified Persons) Rules (S357/2001) and the list of accepted LLB degrees conferred thereby may be reviewed by the Parties at the first and/or subsequent reviews of this Agreement as provided in Article 3 (Review) of Chapter 17 (Final Provisions), taking into account Singapore's prevailing or projected needs for legal services and legal professionals.

3. Australian nationals who graduated with a LLB (Hons) of at least Second Lower from the National University of Singapore shall be regarded as qualified persons for admission as advocates and solicitors of the Supreme Court of Singapore upon their completion of the prescribed period of pupillage, attendance at such courses of instruction and passing of such examinations in accordance with Parts I & II of the Legal Profession Act as well as the following rules and regulations made thereunder:

(i) Legal Profession Rules (Cap 161, Rule 3);

(ii) Legal Profession (Oral Examinations) Rules (Cap 161, Rule 4);

(iii) Legal Profession (Fees for Ad Hoc Admission) Rules (Cap 161, Rule 14;

(iv) Legal Profession(Qualified Persons) Rules (S357/2001);

(v) Legal Profession (Recognition of Foreign Qualifications (Consolidation) Notification (Cap 161, Notification 1); and

(vi) Legal Profession (Prescribed fees) Rules (S55/2000).

Part 2 : Australia's Commitments

1. Any Singapore citizen or permanent resident who has been conferred an accredited undergraduate law degree by any one of the Australian Universities, shall qualify for admission as an advocate/barrister and/or solicitor of any state or territory in Australia upon completion of the prescribed period of pupillage/practical legal training, attendance at such courses of instruction and passing of such examinations and meeting of other conditions as may be prescribed by the relevant state or territory in Australia.

2. Any Australian national or any Singapore citizen or permanent resident who graduated with a LLB (Hons) from the National University of Singapore shall qualify for admission as an advocate/barrister and/or solicitor of any state or territory in Australia upon completion of the prescribed period of pupillage/practical legal training, attendance at such courses of instruction and passing of such examinations and meeting of other conditions as may be prescribed by the relevant state or territory in Australia.

(III) WAIVER AND MODIFICATIONS OF STATUTORY CONDITIONS GOVERNING JOINT LAW VENTURES AND FORMAL LAW ALLIANCES IN SINGAPORE

Singapore undertakes to waive and modify the following statutory conditions governing joint law ventures and formal law alliances set out in the Legal Profession (International Services) Rules (2002 Revised Edition) for Australian law firms that wish to set up joint law ventures and formal law alliances with Singapore law firms in Singapore:

(i)Rule 2(1)(a)/Rule 2(1)(c): To extend legal expertise and experience requirements of the firm in a joint law venture from banking and finance work to include any of the related areas identified as Tier 1 and Tier 2 legal software in the 1999 Report of the Legal Services Review Committee.

(ii)Rule 2(1)(b)/Rule 13(1)(b): Reduce the total number of not less than 5 foreign lawyers required to be resident in Singapore by waiving this condition and modifying it to provide as follows: "the foreign law firm has not less than 4 foreign lawyers resident in Singapore, at least 2 of whom shall be equity partners in the foreign law firm".

(iii) Rule 2(1)(c)/Rule 13(1)(c): Aggregate the experience requirements of the foreign lawyers in the foreign law firm by waiving this condition and modifying it to provide as follows: "the 4 foreign lawyers (referred to in Rule 2(1)(b)/Rule 13(1)(b) above) must have an aggregate of at least 20 years of relevant legal expertise and experience...".

(iv) Rule 4(1)(g): For Australian lawyers working in joint law ventures who wish to practise Singapore law, waive and reduce the requirement of having at least 5 years to 4 years of relevant legal expertise or experience in banking or finance work or any of the related areas identified as Tier 1 and Tier 2 legal software in the 1999 Report of the Legal Services Review Committee.

(IV) ESTABLISHMENT OF A SINGAPORE HELP DESK BY AUSTRALIA AND INVESTMENT APPLICATION TIMELINES FOR SINGAPORE INVESTORS.

1. Australia shall establish a dedicated help desk to assist Singaporean investors with direct investment applications to acquire existing Australian businesses or establish new businesses, including purchases of property as an integral part of the business. The help desk shall:

(i) assist investors to respond to further requests for information;

(ii) provide information on any national interest concerns arising from these applications; and

(iii) keep such investors up-to-date with the status of these applications.

2. Australia shall review these applications from Singaporean investors expeditiously in accordance with its laws, regulations and policies.

3. Unless an application to acquire an existing Australian business or establish a new business is denied, such application is deemed to be approved at the end of the statutory review period, or where notice of a statutory extension is given to the investor, at the end of the statutory period of extension.

(V) NOTE TO SINGAPORE'S COMMITMENTS FOR FINANCIAL SERVICES

Singapore agrees, consistent with its recent policy of granting more wholesale bank licenses, that the access of Australian banks to the wholesale bank market in Singapore will not be limited by the number of licenses that are available 4 years after the date of entry into force of this Agreement. The granting of Wholesale Bank licences will be subject to admission criteria as stipulated by the Monetary Authority of Singapore.

"As you can see your excellency, it is a very lengthy agreement. 30,000 words or so. We believe this may actually be the longest trade agreement currently in public existence. It provides all the provisions necessary for the bilateral investment you seek. The only bits which are blank are the annexes pertaining to reservations that either nation has on Chapters 7 and 8. This will obviously need to be determined by both of our governments but the section is there to be filled in accordingly. It also has the provisions for visa-free movement, or close to it as well as details about universities and international students. It provides for tariff-free trade, we don't see much point in having reduced tariffs when that defeats the point of an FTA."

AsianSchnitzel

STATISTICS

WELCOME

ECONOMY

ACTIVE NATIONS

Asia & Oceania

Europe

Americas

Africa

OUR STAFF

AFFILIATIONS

[Australia]: Message to Singapore [SEC=SECRET]

Commonwealth of Australia

Newcomer

Commonwealth of Australia

Newcomer

Commonwealth of Australia

Newcomer

Commonwealth of Australia

Commonwealth of Australia

Newcomer

Newcomer

Commonwealth of Australia

Commonwealth of Australia

Commonwealth of Australia

Commonwealth of Australia

Newcomer

Commonwealth of Australia

Newcomer

Commonwealth of Australia

Forum statistics

Share this page