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United States-Singapore Free Trade Agreement |
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ANNEX 8B
SCHEDULE OF UNITED STATES
Sector: Communications
Obligations Concerned: Most-Favored -Nation Treatment (Articles 8.4 and 15.4)
Description: Cross-Border Services and Investment
The United States reserves the right to adopt or maintain any
measure that accords differential treatment to persons of other countries due to application of reciprocity measures or through international agreements involving sharing of the radio spectrum, guaranteeing market access or national treatment with respect to
the one-way satellite transmission of direct-to-home (DTH) and direct broadcasting satellite (DBS) television services and digital audio services.
8B-United States -1
Sector: Communications - Cable Television
Obligations Concerned: National Treatment (Articles 8.3 and 15.4)
Most-Favored -Nation Treatment (Articles 8.4 and 15.4) Local Presence (Article 8.6)
Senior Management and Boards of Directors (Article 15.9)
Description: Investment and Cross-Border Services
The United States reserves the right to adopt or maintain any
measure that accords equivalent treatment to persons of any
country that limits ownership by persons of the United States in an enterprise engaged in the operation of a cable television system in that country.
8B-United States -2
Sector: Social Services
Obligations Concerned: National Treatment (Articles 8.3 and 15.4)
Most-Favored -Nation Treatment (Articles 8.4 and 15.4) Local Presence (Article 8.6)
Performance Requirements (Article 15.8)
Senior Management and Boards of Directors (Article 15.9)
Description: Cross-Border Services and Investment
The United States reserves the right to adopt or maintain any
measure with respect to the provision of law enforcement and correctional services, and the following services to the extent they are social services established or maintained for a public purpose: income security or insurance, social security or insurance, social welfare, public education, public training, health, and child care.
8B-United States -3
Sector: Minority Affairs
Obligations Concerned: National Treatment (Articles 8.3 and 15.4) Local Presence (Article 8.6)
Performance Requirements (Article 15.8)
Senior Management and Boards of Directors (Article 15.9)
Description: Cross-Border Services and Investment
The United States reserves the right to adopt or maintain any
measure according rights or preferences to socially or economically disadvantaged minorities, including corporations
organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act.
Existing Measures: Alaska Native Claims Settlement Act, 43 U.S.C. §§ 1601 et seq.
8B-United States -4
Sector: Transportation
Obligations Concerned: National Treatment (Articles 8.3 and 15.4)
Most-Favored -Nation Treatment (Articles 8.4 and 15.4) Local Presence (Article 8.6)
Performance Requirements (Article 15.8)
Senior Management and Boards of Directors (Article 15.9)
Description: Cross-Border Services and Investment
The United States reserves the right to adopt or maintain any measure relating to the provision of maritime transportation services and the operation of U.S.-flagged vessels, including the following:
(a) requirements for investment in, ownership and control of, and operation of vessels and other marine structures, including drill rigs, in maritime cabotage services, including maritime cabotage services performed
in the domestic offshore trades, the coastwise trades, U.S. territorial waters, waters above the continental shelf and in the inland waterways;
(b) requirements for investment in, ownership and control of, and operation of U.S.-flagged vessels in foreign trades;
(c) requirements for investment in, ownership ar
control of, and operation of vessels engaged in fishing and
related activities in U.S. territorial waters and the Exclusive
Economic Zone;
(d) requirements related to documenting a vessel under the U.S. flag;
(e) promotional programs, including tax benefits, available for shipowners, operators and vessels meeting certain requirements;
(f) certification, licensing and citizenship requirements for crew members on U.S.-flagged vessels;
(g) manning requirements for U.S.-flagged vessels;
(h) all matters under the jurisdiction of the Federal
Maritime Commission;
8B-United States -5
(i) negotiation and implementation of bilateral and
other international maritime agreements and
understandings;
(j) limitations on longshore work performed by crew members;
(k) tonnage duties and light money assessments for entering U.S. waters; and
(l) certification, licensing and citizenship requirements for pilots performing pilotage services in U.S. territorial waters.
The following activities are not included in this entry:
(a) boat cleaning, canal operation, dismantling of vessels, operation of marine railways for drydocking, marine surveyors, except cargo, marine wrecking of vessels for scrap and ship classification societies.
8B-United States -6
Existing Measures: Merchant Marine Act of 1920, §§ 19 and 27, 46 App. U.S.C.
§876 and § 883 et seq .
Jones Act Waiver Statute, 64 Stat 1120, 46 U.S.C. App., note preceding Section 1
Shipping Act of 1916, 46 U.S.C. App. §§ 802 and 808
Merchant Marine Act of 1936,46 U.S.C. App. §§ 1151 et seq .,
1160- 61, 1171 et seq ., 1241(b), 1241-1, 1244, and 1271 et
seq.
Merchant Ship Sales Act of 1946, 50 U.S.C. App. § 1738
46 App. U.S.C. §§ 121, 292 and 316
46 U.S.C. §§ 12101 et seq . And 31301 et seq.
46 U.S.C. §§ 8904 and 31328(2)
Passenger Vessel Act, 46 App. U.S.C. § 289
42 U.S.C. § 9601 et seq.; 33 U.S.C. § 2701 et seq.; 33 U.S.C. §
1251 et seq.
46 U.S.C. §§ 3301 et seq., 3 701 et seq., 8103 and 12107(b )
Shipping Act of 1984, 46 App. U.S.C. §§ 1708 and 1712
The Foreign Shipping Practices Act of 1988 (46 App. U.S.C.
1710a), the Merchant Marine Act, 1920 (46 App. U.S.C. ''861 et
seq.), and the Shipping Act of 1984 (46 App. U.S.C. ''1701 et seq.).
Alaska North Slope - 104 Pub. L. 58; 109 Stat. 557;
Longshore restrictions and reciprocity - 8 U.S.C. '1101 et seq.; and Vessel escort provisions - Section 1119 of Pub. L. 106-554, as amended.
Nicholson Act, 46 App. U.S.C. § 251
Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987,
46 U.S.C. § 2101 and 46 U.S.C. § 12108
43 U.S.C. § 1841
22 U.S.C. § 1980
Intercoastal Shipping Act, 46 U.S.C. App. § 843
46 U.S.C. § 9302, 46 U.S.C. § 8502; Agreement Governing the Operation of Pilotage on the Great Lakes, Exchange of Notes at Ottawa, August 23, 1978, and March 29, 1979, TIAS 9445
Magnuson Fishery Conservation and Management Act, 16 U.S.C.
§§ 1801 et seq.
19 U.S.C.§ 1466
8B-United States -7
North Pacific Anadramous Stocks Convention Act of 1972, P.L.
102-587; Oceans Act of 1992, Title VII
Tuna Convention Act, 16 U.S.C. §§ 951 et seq .
South Pacific Tuna Act of 1988, 16 U.S.C. §§ 973 et seq. Northern Pacific Halibut Act of 1982, 16 U.S.C. §§ 773 et seq. Atlantic Tunas Convention Act, 16 U.S.C. §§ 971 et seq. Antarctic Marine Living Resources Convention Act of 1984, 16
U.S.C. §§ 2431 et seq.
Pacific Salmon Treaty Act of 1985, 16 U.S.C. §§ 3631 et seq .
American Fisheries Act of 1998, P.L.105-277, Division C, Title
II, Subtitle I.
8B-United States -8