On signing the Agreement between the Republic of Kazakhstan and the Republic of Singapore on Trade in Services and Investments

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Decree of the President of the Republic of Kazakhstan dated May 20, 2023 No. 224.

In accordance with subparagraph 1) of Article 8 of the Law of the Republic of Kazakhstan "On International Treaties of the Republic of Kazakhstan", I HEREBY DECREE:

1. To approve the attached draft Agreement between the Republic of Kazakhstan and the Republic of Singapore on Trade in Services and Investments.

2. To authorize Serik Makashevich Zhumangarin, Deputy Prime Minister and Minister of Trade and Integration of the Republic of Kazakhstan, to sign on behalf of the Republic of Kazakhstan the Agreement between the Republic of Kazakhstan and the Republic of Singapore on Trade in Services and Investments, authorizing amendments and additions that are not fundamental.

3. This Decree shall enter into force from the date of its signing.

President of the Republic of Kazakhstan

K. Tokaev

Approved by Decree of the President of the Republic of Kazakhstan on May 20, 2023 No. 224

Project

AGREEMENT BETWEEN THE REPUBLIC OF KAZAKHSTAN AND THE REPUBLIC OF SINGAPORE ON TRADE IN SERVICES AND INVESTMENTS

THE PREAMBLE

The Republic of Kazakhstan (hereinafter referred to as "Kazakhstan") and the Republic of Singapore (hereinafter referred to as "Singapore") (hereinafter collectively referred to as the "Parties" and individually referred to as the "Party"),

RECOGNIZING the importance of strengthening the long-standing and strong friendship between the Parties;

RECOGNIZING the mutual desire of the Parties for a comprehensive economic partnership covering trade in goods, trade in services, investments and trade-related areas;

REAFFIRMING the Framework Agreement on Comprehensive Economic Cooperation between the Eurasian Economic Union and its member States on the one hand and the Republic of Singapore on the other hand, signed in Yerevan, Armenia, on the first day of October 2019;

STRIVING to eliminate barriers to trade in services and investments between the Parties, reduce the cost of doing business, increase economic efficiency and create favorable conditions for expanding economic cooperation and mutual benefit;

RECOGNIZING that the promotion and mutual protection of investments will contribute to stimulating business initiative and improving the well-being of the Parties;

DESIRING to create favorable conditions for the expansion of bilateral economic cooperation and, in particular, for investments by investors of one Party in the territory of the other Party on the basis of the principles of equality and mutual benefit;

REAFFIRMING the right of each Party to take and enforce the measures necessary to achieve the legitimate objectives of national policy;

WE have AGREED on the following:

CHAPTER 1 BASIC PROVISIONS of Article 1.1 Creation of a free trade zone

The Parties hereby establish a free trade area in accordance with Article V of the GATS.

Article 1.2Objectives

The objectives of this Agreement are to liberalize and promote trade in services and investments between the Parties in accordance with this Agreement.

Article 1.3Coverage

1. This Agreement applies to measures of the Parties affecting trade in services and investments.

2. This Agreement does not impose any obligations on a Party with respect to a citizen of the other Party seeking access to its employment market or working permanently in its territory, and does not grant this citizen any rights with respect to such access or employment, nor does it apply to measures relating to citizenship, residence or work in its territory. on an ongoing basis.

3. This Agreement does not apply to:

(a) services provided in the exercise of public authority in the territory of each relevant Party. For the purposes of this Agreement, a service provided in the exercise of government authority means any service that is not provided on a commercial basis or in competition with one or more service providers.;

(b) public procurement; and

(c) subsidies or grants provided by a Party, including Government-backed loans, guarantees and insurance; or any conditions related to the receipt or continued receipt of such subsidies or grants, regardless of whether such subsidies or grants are offered exclusively for household services, consumers of services or service providers, or for investors of the Party or investments by Third-Party investors, including Government-backed loans, guarantees, and insurance.

Article 1.4Definitions of general application

For the purposes of this Agreement, unless otherwise provided:

(a) "activity" means activities of an industrial, commercial or professional nature of the legal entities, branches referred to in subparagraph (i), with the exception of activities carried out neither on a commercial basis nor on a competitive basis involving one or more persons in the same type of activity;

(b) "commercial presence" means any type of business or professional institution, including through:

(i) the creation, acquisition or maintenance of a legal entity; or

(ii) the establishment or maintenance of a branch or representative office in the territory of the other Party for the purpose of providing services;

(d) "GATS" means the General Agreement on Trade in Services contained in Annex 1B to the WTO Agreement;

(e) "IMF" means the International Monetary Fund;

(f) "interested person" means any natural or legal person who may be subject to any rights or obligations under a general application measure;

(g) "investment" means any type of asset owned or controlled, directly or indirectly, by an investor that has the characteristics of an investment.1 The forms that investments can take include, but are not limited to:

(i) movable and immovable property and related property rights;

(ii) shares, deposits and other forms of participation in the authorized capital of a legal entity, including the rights arising therefrom;

(iii) bonds, debentures, loans and other debt instruments, including the rights arising therefrom;

(iv) futures, options and other derivative financial instruments;

(v) demands for the fulfillment of monetary obligations or other fulfillment of contractual obligations related to commercial activities and having economic value;

(vi) intellectual property rights and business reputation; and

(vii) licenses, permits, permits and similar rights granted under applicable law, including any assignment for the exploration, cultivation, extraction or use of natural resources;

(h) "investor of the Party" means:

(i) an individual who is a national of that Party in accordance with its laws; or

(ii) a legal entity of this Party that carries out or has made investments, or has undertaken specific actions or actions to carry out investments in the territory of the other Party;

(i) "legal entity" means any legal entity duly incorporated or otherwise organized in accordance with the laws of a Party, regardless of whether they are profitable or not, and whether they are privately or publicly owned or controlled, including corporations, trusts, partnerships, sole proprietorship, a joint venture, association, or similar organization, as well as a branch of a legal entity;

(j) "legal entity of a Party" means a legal entity that is incorporated or otherwise organized in accordance with the laws of that Party;

(k) "Measure" means any measure taken by a Party, whether in the form of a law, regulation, rule, procedure, decision, administrative action or in any other form;

(l) "Party measure" means measures taken:

(i) the central, regional or local government and authority of that Party; and

(ii) by non-governmental bodies in the exercise of powers delegated by central, regional or local Governments and authorities of such Party;

(m) "Party measures affecting trade in services" include measures in relation to:

(i) purchase, payment or use of the service;

(ii) access and use, in connection with the provision of services, of services that, according to the requirements of the Parties, should be offered to the public at large; and

(iii) the presence, including the commercial presence, of persons of one Party to provide services in the territory of the other Party;

(n) The "general application measure" does not include:

(i) a decision or determination made in the course of administrative or quasi-judicial proceedings that applies to a particular person, product or service in a particular case; or

(ii) ) a definition that is made in relation to a particular act or practice;

(o) "citizen" means a citizen of a Party within the meaning of its legislation;

(p) "natural person" means an individual who is a national of one Party;

(q) "non-party to this Agreement" means a State that is not a party to this Agreement;

(r) "person" means either an individual or a legal entity;

(s) "services" includes any services in any sector, with the exception of services provided in the exercise of government authority;

(t) "service provider" means any person who provides a service;

(u) "consumer of the service" means any person who receives or uses the service;

(v) "service delivery" includes the production, distribution, marketing, sale and delivery of the service;

(w) "Territory" means:

(ii) access and use, in connection with the provision of services, of services that, according to the requirements of the Parties, should be offered to the public at large; and

(iii) the presence, including the commercial presence, of persons of one Party to provide services in the territory of the other Party;

(n) The "general application measure" does not include:

(i) a decision or determination made in the course of administrative or quasi-judicial proceedings that applies to a particular person, product or service in a particular case; or

(ii) ) a definition that is made in relation to a particular act or practice;

(o) "citizen" means a citizen of a Party within the meaning of its legislation;

(p) "natural person" means an individual who is a national of one Party;

(q) "non-party to this Agreement" means a State that is not a party to this Agreement;

(r) "person" means either an individual or a legal entity;

(s) "services" includes any services in any sector, with the exception of services provided in the exercise of government authority;

(t) "service provider" means any person who provides a service;

(u) "consumer of the service" means any person who receives or uses the service;

(v) "service delivery" includes the production, distribution, marketing, sale and delivery of the service;

(w) "Territory" means:

(i) in relation to Kazakhstan: the territory within its land, sea and air borders, including land, inland waters, subsoil and airspace, as well as any territory beyond the State border in which Kazakhstan exercises or may further exercise its sovereign rights and jurisdiction over the seabed, subsoil and their natural resources in accordance with its legislation and international law;

(ii) in the case of Singapore: its land territory, internal waters and territorial sea, including the airspace above them, as well as any maritime area located outside the territorial sea, which have been or may be in the future defined in accordance with its legislation, in accordance with international law, as zones in which Singapore may exercise sovereign rights or jurisdiction over the sea, seabed, subsurface, and natural resources;

(x) "trade in services" means the provision of a service:

(i) from the territory of one Party to the territory of the other Party;

(ii) in the territory of one Party, the consumer receives the services of the other Party;

(iii) a service provider of one Party through a commercial presence in the territory of the other Party; or

(iv) a service provider of one Party through the presence of individuals of one Party in the territory of the other Party;

(y) "WTO Agreement" means the Marrakesh Agreement Establishing the World Trade Organization, concluded in Marrakesh on April 15, 1994;

(z) "WTO" means the World Trade Organization.

CHAPTER 2The TRADE in services of the State 2.1 Scope and coverage

1. This chapter applies to measures of a Party affecting trade in the services of a service provider of the other Party.

2. This chapter does not apply to aviation services, including domestic and international air transport services, both scheduled and non-scheduled, and related services in support of aviation services.

3. With respect to financial services, as defined in paragraph 5 (a) of the GATS financial services annex:

(a) This chapter applies only to sectors included in each Party's list of specific obligations under the GATS, subject to any conditions and requirements set out therein.;

(b) in addition to the provisions of this chapter, the rights and obligations of the Parties with respect to financial services are also governed by the provisions of the GATS annex on financial services, which are incorporated mutatis mutandis into this Agreement; and

(c) in the event of any inconsistency between this chapter and the GATS financial Services annex, this chapter shall prevail in respect of the inconsistency.

4. Regarding telecommunication services:

(a) This chapter applies only to sectors included in each Party's list of specific obligations under the GATS, subject to any conditions and requirements set out therein.;

(b) in addition to the provisions of this chapter, the rights and obligations of the Parties with respect to telecommunications services are also governed by the provisions of the GATS Telecommunications annex and the GATS reference document developed by the Basic Telecommunications negotiating group, attached to each list of specific obligations of the Parties under the GATS, which are incorporated into this Agreement mutatis mutandis; and

(c) in the event of any inconsistency between this chapter and the GATS Telecommunications annex, or between this chapter and the GATS reference document developed by the basic telecommunications negotiating group attached to the list of specific obligations of each Party under the GATS, this chapter shall prevail in respect of the inconsistency.

Article 2.2 Most-favored-nation treatment

1. Subject to exceptions that may arise from the harmonization of rules based on agreements concluded by a Party with a Party not party to this Agreement providing for mutual recognition in accordance with Article VII of the GATS, and with the exception of the cases provided for in the annex of the Party on exceptions to Article II of the GATS, in respect of any measure covered by this Accordingly, each party immediately and unconditionally provides services and service providers of the other Party with a regime no less favorable than that of the other Party., which it provides to similar services and service providers of any party that is not a party to this Agreement.

2. The provisions of this chapter shall not be interpreted as preventing a Party from transferring or providing advantages to bordering countries in order to facilitate the exchange of services within adjacent border territories that are supplied and consumed within such territories.

3. Nothing in this chapter shall be interpreted as obliging a Party to provide the services or service providers of the other Party with advantages or benefits that the first Party provides or will provide in the future.:

(a) within the framework of any economic or customs union, or free trade area or single market, including other forms of regional or bilateral cooperation, or similar international agreements to which either Party is or may become a party, including investment agreements between them;

(b) in accordance with any bilateral investment agreements to which either Party is or may become a Party;

(c) in accordance with any international investment agreements between the member States of the regional economic community, including investment agreements between the member States of the regional economic community and any one or more parties not party to this Agreement;

(d) in accordance with any agreement with a party or parties not party to this Agreement in the same geographical region aimed at promoting regional cooperation in the economic, social, labor, industrial or monetary fields; and

(e) on the basis of agreements aimed at avoiding double taxation or other tax arrangements.

Article 2.3 Market access

1. With regard to market access through the modes of supply defined in subparagraph (x) of Article 1.4 (Definitions of general application), each Party shall provide services and service providers of the other Party with treatment no less favourable than that provided in accordance with the conditions, restrictions and provisions agreed upon and provided for in Annex 2-1 (Lists of Specific Obligations).

2. In sectors where market access commitments have been made, measures that a Party does not maintain or adopt either on the basis of a regional unit or on the basis of its entire territory, unless otherwise specified in Annex 2-1 (Lists of specific Commitments), are defined as:

(a) restrictions on the number of service providers in the form of quantitative quotas, monopolies, exclusive service providers, or the form of economic feasibility test requirements;

(b) restrictions on the total cost of services or assets in the form of quantitative quotas or economic feasibility test requirements;

(c) restrictions on the total number of transactions with services or the total volume of production of services, expressed in the form of established quantitative units of measurement in the form of quotas or requirements of the economic feasibility test;

(d) restrictions on the total number of individuals who may be employed in a particular service sector or whom a service provider may hire and who are necessary and directly relevant to the delivery of a particular service, in the form of quantitative quotas or the requirement of an economic feasibility test;

(e) measures that restrict or require certain types of legal entities or joint ventures through which the service provider may provide services; and

(f) restrictions on the participation of foreign capital in the form of the maximum share of foreign equity or the total value of individual or aggregate foreign investments.

Article 2.4National treatment

1. With regard to market access through the methods of supply defined in subparagraph (x) of Article 1.4 (Definitions of general application), each Party shall provide services and service providers of the other Party with treatment no less favourable than that provided in accordance with the conditions, restrictions and provisions agreed upon and provided for in Annex 2-1 (Lists specific obligations).

(a) restrictions on the number of service providers in the form of quantitative quotas, monopolies, exclusive service providers, or the form of economic feasibility test requirements;

(b) restrictions on the total cost of services or assets in the form of quantitative quotas or economic feasibility test requirements;

(e) measures that restrict or require certain types of legal entities or joint ventures through which the service provider may provide services; and

(f) restrictions on the participation of foreign capital in the form of the maximum share of foreign equity or the total value of individual or aggregate foreign investments.

Article 2.4National treatment

1. In the sectors set out in its list of specific obligations in Annex 2-1 (Lists of specific Obligations), and in accordance with any conditions and requirements specified therein, each Party shall provide services and service providers of the other Party with treatment no less favourable than that which it applies to all measures affecting the supply of services. provides its own similar services and service providers.

2. A Party may comply with the requirement of paragraph 1 by providing the services and service providers of the other Party with either formally the same treatment or a regime formally different from that which it provides to its own similar services and service providers.

3. A formally similar or formally different regime is considered less favorable if it changes the conditions of competition in favor of the services or service providers of a Party, compared with similar services or service providers of the other Party.

Article 2.5 Additional obligations

The Parties may agree on obligations regarding measures affecting trade in services that are not listed in accordance with Articles 2.3 (Market access) and 2.4 (National treatment), including with regard to qualifications, standards and licensing issues. Such obligations are included in the list of specific obligations of the Party in Appendix 2-1 (Lists of specific obligations).

Article 2.6 Payments and transfers

1. With the exception of the cases provided for in Article 7.6 (Restrictions to protect the balance of payments), a Party shall not apply restrictions on international transfers and payments for current transactions related to its specific obligations.

2. Nothing in this Chapter affects the rights and obligations of the Parties as members of the IMF under the articles of the IMF Agreement, including the use of exchange actions that comply with the Articles of the Agreement, provided that the Party does not impose restrictions on any capital transactions incompatible with its obligations with respect to such transactions, with the exception of Article 7.6 (Restrictions in order to protect the balance of payments) or at the request of the IMF.

Article 2.7 Monopolies and exclusive service providers

1. Each Party shall ensure that any monopoly service provider in its territory, when delivering a monopoly service in the relevant market, does not act in a manner inconsistent with the specific obligations of that Party.

2. If a monopoly supplier of a Party competes either directly or through an affiliated company in the supply of a service that goes beyond its monopoly rights and is subject to the specific obligations of that Party, the Party shall ensure that such supplier does not abuse its monopoly position to operate in its territory in a manner incompatible with such obligations.

3. If a Party has reason to believe that a monopoly service provider of the other Party is not acting in accordance with paragraphs 1 or 2, it may request the other Party establishing, maintaining or authorizing such a provider to provide specific information regarding the operations being conducted.

4. The provisions of this article also apply to cases of exclusive service providers where a Party formally or actually:

(a) authorizes or identifies a small number of service providers; and

(b) significantly impedes competition between these suppliers in their territory.

Article 2.8 Internal regulation

1. In sectors where specific commitments have been made, each Party shall ensure that all measures of general application affecting trade in services are applied in a reasonable, objective and impartial manner.

2. If a Party requires permission to provide a service, the competent authorities of the Party, within a reasonable period of time after submitting the application, which is considered completed in accordance with its legislation, inform the applicant of the decision on the application. At the request of the applicant, the competent authorities of the Party shall provide information on the status of the application without undue delay.

3. In order to ensure that measures related to qualifications and procedures, technical standards and licensing requirements do not create unjustified barriers to trade in services, each Party shall strive to ensure that such measures:

(a) were based on objective and transparent criteria such as competence and ability to provide services;

(b) were no more burdensome than necessary to ensure the quality of the service; and

(c) in the case of licensing procedures, they did not in themselves constitute a restriction on the provision of the service.

4. If authorization is required to provide services in sectors where specific obligations are assumed, each Party shall strive to ensure that:

(a) its competent authorities have set approximate review dates for processing the license application;

(b) its competent authorities have decided to grant or refuse to grant a license without undue delay.;

(c) after the estimated deadline for processing the application has expired, at the request of the applicant, its competent authorities have informed the applicant of the status of his application;

(d) If the application was rejected, the applicant was allowed to resubmit the application within a reasonable time.

5. If the results of negotiations related to paragraph 4 of Article VI of the GATS (or the results of any similar negotiations held in other multilateral forums in which both Parties participate) enter into force, this Article shall be amended accordingly after consultations between the Parties to bring these results into effect in accordance with this Agreement.

CHAPTER 3INVESTMENT

Article 3.1 Definitions

For the purposes of this chapter:

(a) "applicant" means an investor of a Party that is a party to an investment dispute with another Party;

(b) "Disputing parties" means the applicant and the respondent;

(d) "freely usable currency" means "freely usable currency" as defined by the IMF in accordance with the Articles of the IMF Agreement and any amendments thereto;

(e) "ICSID" means the International Center for Settlement of Investment Disputes;

(f) "ICSID Supplementary Mechanism Rules" means the Rules Governing the Establishment of an Additional mechanism for the Administration of Legal Proceedings by the Secretariat of the International Center for Settlement of Investment Disputes, as amended, which entered into force on 10 April 2006;

(g) "ICSID Arbitration Rules" means the Rules of Arbitration Procedure (Arbitration Rules), as amended, which entered into force on 10 April 2006;

(H) "ICSID Convention" means the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, signed in Washington on March 18, 1965;

(i) "investor of a party who is not a party to this Agreement" means any natural or legal person who does not belong to either Party;

(j) "New York Convention" means the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, adopted at the United Nations in New York on 10 June 1958;

(k) "respondent" means a Party to an investment dispute;

(l) "third party financing" means any financing provided by a natural or legal person who is not a party to the dispute but who has entered into an agreement with the party to the dispute to finance part or all of the cost of the proceedings; or:

(i) in the form of a donation or grant; or

(ii) in exchange for remuneration depending on the outcome of the dispute; and

(w) "Uncitral Arbitration Rules" means the Arbitration Rules of the United Nations Commission on International Trade Law, adopted by the United Nations General Assembly on December 15, 1976.

Section A: Investment

Article 3.2Coverage

1. This chapter applies to measures taken or applied by a Party in relation to:

(a) investors of the other Party; and

(b) investments made by investors of the other Party in the territory of the first Party before or after the entry into force of this Agreement.

2. This chapter does not apply to:

(a) any tax measure, with the exception of articles 3.10 (Expropriation) and 3.12 (Transfers);

(b) services provided in the exercise of public authority functions in the territory of the Party concerned. For the purposes of this chapter, a service provided in the exercise of public authority functions means any service that is not provided on a commercial basis, nor in a competitive environment with one or more service providers; and

(c) any measures taken or implemented by a Party affecting trade in services, regardless of whether the service sector is included in the list of specific obligations of the Party in Annex 2-1. Notwithstanding the above, articles 3.3 (Promotion and protection of investments), 3.7 (Compensation for losses), 3.10 (Expropriation), 3.11 (Subrogation), 3.12 (Transfers) and section B (Settlement of Investor-State disputes) apply mutatis mutandis to any measure affecting the provision of services by a service provider of one Party through commercial presence in the territory of the other Party in accordance with Chapter 2 (trade in services), but only to the extent that any such measures relate to investments and obligations under this chapter, regardless of, is such a service sector included in the list of specific obligations of the Party in Appendix 2-1 (Lists of specific obligations).

3. This Agreement does not apply to claims arising from events that have occurred or claims that were filed prior to the entry into force of this Agreement.

Article 3.3 Promotion and protection of investments

1. Each Party shall encourage and create favorable conditions for investors of the other Party to make investments in its territory in accordance with its legislation and general economic policy.

2. Each Party provides the investments of the other Party's investors with fair and equitable treatment, full protection and security in accordance with customary international law. The obligation to ensure "fair and equitable treatment" includes the obligation not to deny justice in criminal, civil or administrative court proceedings. The obligation to provide "full protection and security" requires each Party to provide the level of police protection required under customary international law. The concepts of "fair and equitable treatment" and "full protection and security" do not require additional treatment or a regime that goes beyond what is required under customary international law, and do not create additional substantive rights.

3. The determination that there has been a violation of another provision of this Agreement or of a separate international Agreement does not establish that there has been a violation of this article.

Article 3.4 Internal regulation

1. This Article applies to measures of the Parties related to licensing requirements and procedures or qualification requirements and procedures that affect the establishment, acquisition or maintenance of legal entities on their territory.

2. This article does not apply to:

(a) Nonconforming measures taken or applied by a Party, as indicated by that Party in its list in Annexes 3-1 and 3-2 (Nonconforming measures); and

(b) measures of a Party affecting trade in services in its territory:

(i) an investor of the other Party; or

(ii) through investments by investors of the other Party, as defined in subparagraph (w) of Article 1.4 (Definitions of general application).

3. Each Party shall strive to ensure that measures related to licensing requirements and procedures and qualification requirements and procedures are applied in a reasonable, objective and impartial manner.

4. In cases where a permit is required to establish, acquire or maintain a legal entity, the competent authorities of the Party shall, within a reasonable period of time after submitting the application, which is recognized as complete in accordance with internal laws and regulations, inform the applicant of the decision taken on this application. To the extent practicable, the competent authorities shall set an approximate time frame for reviewing the application. At the request of the applicant, the competent authorities of the Party shall provide information on the status of the application without undue delay.

Article 3.5National treatment

1. Each Party provides investors of the other Party with a regime no less favorable than that which it provides in similar situations to its own investors with respect to the creation, acquisition, expansion, management, maintenance, operation, sale or other disposal of investments in its territory.

2. Each Party shall provide investments of investors of the other Party with a regime no less favorable than that which it provides in similar situations to investments of its own investors, with respect to the creation, acquisition, expansion, management, maintenance, operation, sale or other disposal of investments in its territory.

Article 3.6 Most-favored-nation treatment

1. Each Party shall provide investors of the other Party with treatment no less favorable than that which it provides in similar situations to investors of any non-Party State with respect to the establishment, acquisition, expansion, management, maintenance, operation, sale or other disposal of investments in its territory.

2. Each Party shall provide investments of investors of the other Party with a regime no less favorable than that which it provides in similar situations to investments of investors of any non-Party State with respect to the creation, acquisition, expansion, management, maintenance, operation, sale or other disposal of investments in its territory.

3. For the sake of clarity, paragraphs 1 and 2 should not be interpreted as providing investors with dispute resolution opportunities or procedures other than those set out in section B (Investor-Government Dispute Resolution).

Article 3.7 Compensation of losses

1. Investors of one Party whose investments in the territory of the other Party have suffered losses due to war or other armed conflict, national emergency, riot, insurrection, mutiny, riots or any other similar situation in the territory of the latter Party, are provided by the latter Party with respect to restitution, compensation, compensation or other settlement, if any., a regime no less favorable than that which this Party provides to investments of its own investors or investments of investors of any party, not being a party to this Agreement, depending on what is more favorable for investments of investors of the first Party. Any compensation received is made in a freely usable currency and can be freely transferred in accordance with Article 3.12 (Transfers).

2. Notwithstanding paragraph 1, if an investor of a Party, in the situations referred to in paragraph 1, suffers losses in the territory of the other Party as a result of:

(a) the requisition of his investments or part thereof by the forces or authorities of the latter Party; or

(b) the ruin of his investments or part of them by the forces or authorities of the latter Party, which was not required by the necessity of the current situation, the latter Party provides investors with restitution, compensation or both, depending on the circumstances.

Article 3.8 Requirements for the implementation of activities

The provisions of the WTO Agreement on Trade-Related Investment Measures (TRIMS), in accordance with Annex 1A to the WTO Agreement, which are not specifically mentioned in this Agreement or are not modified by it, shall apply mutatis mutandis to this Agreement.

Article 3.9 Inappropriate measures

1. Articles 3.5 (National treatment) and 3.6 (Most-favored-nation treatment) do not apply to:

(a) any existing nonconforming measure that is retained by the Party in accordance with its list in Annex 3-1 (Nonconforming measures);

(b) the continuation or immediate extension of any inappropriate measure referred to in subparagraph (a); or

(c) amendments to any inappropriate measure referred to in subparagraph (a), to the extent that the amendment does not reduce the compliance of the measure, as it existed immediately prior to the amendment, with articles 3.5 (National treatment) and 3.6 (Most-favored-nation treatment).

2. Articles 3.5 (National treatment) and 3.6 (Most-favored-nation treatment) do not apply to any measure that a Party adopts or supports in relation to sectors, subsectors or activities listed in its list in Annex 3-2 (Non-compliant measures).

3. Neither Party may, in accordance with any measure adopted after the date of entry into force of this Agreement and provided for in Annex 3-2 (Inappropriate measures), require an investor of the other Party, by reason of his nationality, to sell or otherwise dispose of investments existing at the time of entry into force of the measure.

4. Articles 3.5 (National treatment) and 3.6 (Most-favored-nation treatment) do not apply to any measure that is an exception to or derogation from the obligations of the Parties under the TRIPS Agreement, as expressly provided for in that Agreement.

Article 3.10 Expropriation

1. Neither Party shall nationalize, expropriate or subject investments of an investor of the other Party to measures having an effect equivalent to nationalization or expropriation (hereinafter referred to as "expropriation"), except in cases where such measure is taken on a non-discriminatory basis, for public purposes, in accordance with due process of law and after payment compensation in accordance with this article.

2. Expropriation is accompanied by the payment of prompt, adequate and effective compensation. Compensation should be equivalent to the fair market value of the expropriated investments immediately prior to the actual expropriation or before the impending expropriation became generally known, whichever occurred earlier. Such compensation must be effectively realized, freely used and freely transferable in accordance with Article 3.12 (Transfers) and paid without undue delay. Compensation should include interest at a commercially reasonable rate for that currency, accrued from the date of expropriation to the date of payment.

3. Notwithstanding paragraphs 1 and 2, any expropriation measures related to land must be carried out in accordance with the applicable legislation of the expropriating Party.

4. Any expropriation or valuation measure may be reviewed at the request of the affected investors by a judicial or other independent body of the Party adopting such measure, in accordance with the procedure established by its legislation.

5. This article does not apply to the issuance of mandatory licenses issued in respect of intellectual property rights, or to the deprivation, restriction or creation of intellectual property rights, provided that such issuance, cancellation, restriction or creation is in accordance with the TRIPS Agreement.11

Article 3.11Subrogation

(a) In the event that any Party (or any body, institution, official body or corporation authorized by it), as a result of the compensation it has provided in respect of investments of an investor of the other Party or any part thereof, makes a payment to its own investors in respect of any of their claims under this Agreement, the other Party recognizes, that the first Party (or any institution, institution, statutory body, or corporation, appointed by her) has the right by virtue of subrogation or transfer of any right or legal title to exercise the rights and approve the claims of its own investors. The subrogated or transferred rights or claims must not exceed the original rights or claims of the specified investor.

(b) If a Party (or any body, institution, official body, or corporation authorized by it) has made a payment to an investor of that Party and accepted the investor's rights and claims, that investor shall not, unless authorized to act on behalf of the Party or the designated authority of the Party making the payment, exercise those rights and claims against the other The parties.

Article 3.12Transfers

1. Each Party shall allow transfers related to the investments of the investor of the other Party to be made freely and without delay on its territory, to its territory and from its territory. Such transfers include:

(a) payments made under an agreement entered into by the investor or his investments, including payments made under a loan agreement;

(b) profits, dividends, capital gains and proceeds from the sale of all or any part of investments or partial or total liquidation of investments;

(d) Payments made in accordance with article 3.7 (Compensation for losses) and article 3.10 (Expropriation);

(e) capital contributions, including an initial contribution; and

(f) payments arising under section B (Settlement of Investor-Government disputes).

2. Each Party authorizes payments and transfers in accordance with paragraph 1 in a freely usable currency at the market exchange rate prevailing at the time of the transfer.

3. Notwithstanding the provisions of paragraphs 1 and 2, a Party may postpone or prevent a transfer through the fair, non-discriminatory and fair application of its legislation relating to:

(a) bankruptcy, insolvency or protection of creditors' rights;

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

(c) financial reporting or accounting of currency transfers, when necessary to assist law enforcement or financial regulatory authorities;

(d) Criminal offences;

(e) ensuring compliance with orders or judicial decisions in court proceedings;

(f) Social security, pension and mandatory savings programs; or

(g) taxation.

4. The Parties understand that subparagraph 3 (d) may apply to measures taken in accordance with the international standards of the Financial Action Task Force to Prevent money laundering, terrorism and proliferation financing.

5. Nothing in this Chapter affects the rights and obligations of IMF members in accordance with the articles of its Agreement, including the use of exchange operations consistent with these Articles, provided that the Party does not impose restrictions on any capital transactions incompatible with its obligations assumed in accordance with this Chapter regarding such transactions. with the exception of those provided for in Article 7.6 (Restrictions to protect the balance of payments) or at the request of the IMF.

Article 3.13 Special formalities and handling of information

1. Nothing in Article 3.5 (National treatment) shall be interpreted as preventing a Party from adopting or maintaining a measure prescribing special formalities in connection with investments, such as residence requirements for registration or the requirement that investments be lawfully established in accordance with its legislation, provided that such formalities do not prejudice substantial damage to the protection provided by a Party to the other Party's investors and investments in accordance with this chapter.

2. Notwithstanding articles 3.5 (National treatment) and 3.6 (Most-favored-nation treatment), a Party may require an investor of the other Party or its investments to provide information about these investments solely for informational or statistical purposes. The Party must protect such information, which is confidential, from any disclosure that would prejudice the investor's competitive position or investments. Nothing in this paragraph shall be interpreted as preventing a Party from otherwise obtaining or disclosing information in connection with the fair and fair application of its legislation.

Section B: Settlement of disputes between the investor and the State

Article 3.14 Coverage

(a) This section applies to disputes between a Party and an investor of the other Party regarding an alleged breach of the obligations of the first Party under this chapter that cause loss or damage to the investor or his investments.

(b) This section does not apply to any dispute regarding any measure adopted or maintained or any treatment that is provided to investors or investments by a Party in relation to tobacco or tobacco-related products.

Article 3.15 Establishment of arbitration proceedings

(a) The disputing parties initially seek to resolve the dispute through consultations and negotiations.

(b) If the dispute cannot be resolved in accordance with paragraph 1 within six (6) months from the date of the written request for consultations and negotiations, the applicant may file with the arbitral tribunal:

(a) a claim on its own behalf that the defendant has violated an obligation under this Agreement and the applicant has suffered loss or damage as a result of or as a result of such violation; or

(b) a claim on behalf of a defendant's legal entity, which is a legal entity owned or controlled by the applicant, directly or indirectly, that the defendant has violated an obligation under this Agreement and the legal entity has suffered loss or damage as a result of or as a result of such violation.

(a) in accordance with the ICSID Convention and the ICSID Arbitration Rules, provided that both Parties are Parties to the ICSID Convention;

(b) in accordance with the additional rules of the ICSID mechanism, provided that one of the Parties, but not both, is a party to the ICSID Convention;

(d) to any other arbitration institutions or in accordance with any other Arbitration Rules, if the parties to the dispute agree.

(d) Each Party hereby agrees to submit the dispute to arbitration in accordance with paragraphs 3 (a), 3 (b) and 3 (c) in accordance with the provisions of this section, provided that:

(a) the transfer of the dispute to such an arbitration court takes place within three years from the date when the applicant became aware or should have become reliably aware of a violation of an obligation under this Agreement that caused loss or damage to the plaintiff or his investments.;

(b) the applicant is not the legal entity of the respondent until the applicant submits the dispute to the arbitral tribunal in accordance with paragraph 3.;

(c) the applicant provides written consent to the arbitration in accordance with the provisions set out in this section; and

(d) the applicant provides the respondent with a written notice, which must be served at least thirty (30) days prior to the filing of the claim, of his intention to submit the dispute to such arbitration and in which:

(i) indicate the name and address of the applicant and, if the dispute is submitted on behalf of a legal entity, the name, address and place of establishment of the legal entity;

(ii) one of the forums referred to in paragraph 3 is designated as a dispute resolution forum.;

(iii) are accompanied by:

(A) for claims submitted to arbitration pursuant to subparagraph 2 (a), a written waiver by the claimant; and

(B) for claims submitted to arbitration pursuant to subparagraph 2 (b), written waivers from the applicant and the legal entity,

from any right to initiate or continue any proceedings (with the exception of proceedings for the application of interim measures of protection referred to in paragraph 1 of article 3.20 (Interim measures of protection and diplomatic protection) to any of the other forums referred to in paragraph 3 with respect to the issue in question; and

(iv) summarizes the defendant's alleged violation under this Agreement (including the provisions that are alleged to have been violated), the legal and factual basis for the dispute, and the loss or damage allegedly caused to the applicant or his investments as a result of this violation.

(e) At the request of the respondent party, the tribunal refuses to hear the case in cases where the applicant fails to comply with any of the requirements referred to in paragraph 4.

(f) Consent pursuant to paragraph 4 and the filing of a claim to arbitration pursuant to this section must satisfy the requirements:

(a) Chapter II (jurisdiction of the center) of the ICSID Convention and the ICSID Supplementary Rules for the written consent of the Parties to the dispute; and

(b) Article II of the New York Convention on "written Agreement".

(g) A claim submitted to arbitration in accordance with this section shall be deemed to have arisen as a result of a commercial relationship or transaction for the purposes of article I of the New York Convention.

Article 3.16 Establishment of the Arbitration Court

1. Unless the parties to the dispute agree otherwise, the arbitral tribunal will consist of three arbitrators. Each party to the dispute appoints one arbitrator and the parties to the dispute must approve the third arbitrator, who becomes the chairman of the arbitration court. If the arbitral tribunal has not been established within ninety (90) days from the date of filing the claim to arbitration, either because the party to the dispute has not appointed an arbitrator, or because the parties to the dispute could not agree on the appointment of a chairman, the ICSID Secretary General, at the request of either party to the dispute, appoints at his discretion not the appointed arbitrator or arbitrators.

2. For the purposes of paragraph 1, if the ICSID Secretary General is a citizen or permanent resident of either Party, the ICSID Deputy Secretary General or the next-in-command official who is not a citizen or permanent resident of either Party must make the necessary appointments or appointments.

3. The arbitrators must:

(a) have experience or expertise in public international law or international investment law; and

(b) be independent of the Parties and the disputing investor and not be affiliated with or receive instructions from any of them.

Article 3.17 Rules of interpretation

The Parties may accept interpretations of the provisions of this Agreement. The joint decision of the Parties on the interpretation of the provisions of this Agreement is binding on the Tribunal, and any decision or judgement rendered by the tribunal must comply with this joint decision.

Article 3.18 Place of arbitration

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

Article 3.19 Conduct of arbitration proceedings

1. The Tribunal established in accordance with this section shall resolve disputes in accordance with this Agreement and the applicable rules and principles of international law.

2. Without prejudice to the authority of the tribunal to consider other objections as a preliminary matter, for example, an objection that the dispute does not fall within the jurisdiction of the tribunal, including an objection to the jurisdiction of the tribunal, the tribunal must consider and resolve as a preliminary matter any objection by the respondent that, according to the law, the claim is not a claim, in in respect of which a decision may be made in favor of the plaintiff in accordance with article 3.21 (Decision).

(a) Such an objection must be submitted to the tribunal as soon as possible after the establishment of the tribunal and in no case later than the date on which the tribunal determines that the respondent submits its counter-memorial (or, in the case of an amendment to the notice of arbitration, the date that the tribunal assigns to the respondent for submitting its response to the amendment).

(b) Upon receipt of an objection under this paragraph, the tribunal shall suspend any proceedings on the merits of the case, establish a schedule for the consideration of the objection consistent with any schedule established for the consideration of any other preliminary matter, and issue an interim or final decision on the objection setting out the grounds for this.

(c) In deciding on this paragraph, the tribunal shall accept the factual statements of the true applicant in support of any claim in the notice of arbitration (or any amendment thereof), and in disputes filed in accordance with the UNCITRAL Arbitration Rules, the statement of which is referred to in the relevant article of the UNCITRAL Arbitration Rules. The Tribunal may also consider any relevant non-disputed facts.

(d) The respondent does not waive any objections to competence or any substantive arguments just because the respondent did or did not object to this paragraph or used the expedited procedure set out in paragraph 3.

3. If the respondent submits the request within forty-five (45) days after the establishment of the tribunal, the tribunal shall decide on an expedited basis on the objection under paragraph 2 or any objection to the dispute not falling within the jurisdiction of the tribunal, including the objection that the dispute is outside the jurisdiction of the tribunal. The Tribunal shall suspend any proceedings on the merits and render a decision or award on the objection(s), setting out the grounds for it(s), no later than one hundred and fifty (150) days after the date of the request. However, if a party to the dispute requests a hearing, the tribunal may require an additional thirty (30) days to make a decision or judicial act. Regardless of whether a hearing is requested, the tribunal may, upon presentation of an unforeseen reason, delay the adoption of its decision or judicial act for an additional short period, which may not exceed thirty (30) days.

4. When it decides on a respondent's objection in accordance with paragraph 2 or 3, the tribunal may, if justified, award the prevailing party to the dispute compensation for reasonable expenses and attorney's fees incurred in connection with the submission or protest of the objection. In determining whether such a decision is justified, the tribunal considers whether the applicant's claim or the respondent's objection is unfounded and provides the parties to the dispute with a reasonable opportunity to speak out.

Article 3.20 Interim measures of protection and diplomatic protection

(a) Subparagraph 4 (d) (iii) of article 3.15 (Establishment of arbitration) does not prevent the applicant from requesting interim measures of protection that do not involve payment of damages or substantive resolution of the matter before the courts or administrative tribunals of the respondent prior to the commencement of the proceedings in any of the dispute resolution forums referred to in paragraph 3 Article 3.15 (Establishment of arbitration proceedings), in order to preserve his rights and interests.

(b) Neither Party shall grant diplomatic protection or bring an international claim in respect of a dispute that one of its investors and the other Party have agreed to submit or have submitted to arbitration in accordance with this section, unless the other Party does not comply with the award rendered in such dispute. Diplomatic protection for the purposes of this paragraph does not include informal diplomatic exchanges for the sole purpose of facilitating dispute resolution.

Article 3.21Decision

1. If the tribunal makes a final decision against the defendant, the tribunal may award separately or collectively only:

(a) monetary damages and any applicable interest; and

(b) property restitution, in which case the decision provides that the defendant may pay monetary damages and any applicable compensation in lieu of restitution.

The Tribunal may also award reimbursement of costs and fees to counsel in accordance with this section and the applicable arbitration rules.

2. Any arbitration award is final and binding on the parties to the dispute. Each Party ensures the recognition and enforcement of the decision in accordance with its relevant legislation.

3. If the claim is filed on behalf of the respondent's legal entity, the award must be sent to the legal entity.

Article 3.22Expenses

(a) The Tribunal shall decide that the costs of the arbitration shall be borne by the losing party to the dispute. In exceptional circumstances, the tribunal may apportion the costs between the parties to the dispute if it considers that such apportionment is appropriate in the circumstances of the case.

(b) Other reasonable expenses, including legal representation and assistance, shall be borne by the losing party, unless the tribunal determines that such allocation is unreasonable in the circumstances of the case.

(c) If only a part of the claims has been satisfied, the costs awarded are adjusted in proportion to the number or volume of the satisfied parts of the claims.

(d) Upon request, the tribunal may order the applicant to cover all or part of the costs if there are reasonable grounds to believe that the applicant risks being unable to comply with a possible cost award against him.

(e) If, within thirty (30) days after the Tribunal's ruling or within any other time limit set by the Tribunal, the cost security is not provided in full, the tribunal shall inform the parties to the dispute accordingly. The Tribunal may order the suspension or termination of the proceedings.

Article 3.23 Consolidation

1. In cases where two or more claims have been submitted separately to arbitration in accordance with this section, and the claims have a common law or fact issue and result from the same events or circumstances, any party to the dispute may request a consolidation order in accordance with the agreement of all parties to the dispute, which is required to be covered in the order or the terms of this article.

2. A party to the dispute seeking a consolidation order in accordance with this article shall send a written request to the ICSID Secretary General and all parties to the dispute covered by the order, indicating the names and addresses of all parties to the dispute covered by the order; the nature of the request; and the grounds on which the order is requested.

3. If the Secretary General of ICSID does not determine within thirty (30) days of receiving the request in accordance with paragraph 2 that the request is manifestly unfounded, the tribunal shall be established in accordance with this article.

4. Unless all the parties to the dispute covered by the consolidation order agree otherwise, the tribunal established in accordance with this article shall consist of three arbitrators.:

(a) one arbitrator appointed by Agreement of the disputing investors;

(b) one arbitrator appointed by the respondent; and

5. If, within sixty (60) days from the date of receipt by the Secretary-General of the request in accordance with paragraph 2, the respondent Party or the disputing investors have failed to appoint an arbitrator in accordance with paragraph 4, the Secretary-General, at the request of any party to the dispute covered by the order, appoints an arbitrator or arbitrators who have not yet been appointed.

6. If the tribunal established in accordance with this article is satisfied that two or more claims submitted to arbitration in accordance with article 3.15 (Institution of arbitration) have a question of law or common fact and arise from the same events or circumstances, the tribunal may, in the interests of a fair and effective resolution claims and after hearing the parties to the dispute by order:

(a) assume jurisdiction over all or part of the claims, hear them and rule on them jointly;

(b) assume jurisdiction, hear and determine one or more claims, the determination of which, in his opinion, will contribute to the resolution of other claims; or

(c) instruct the tribunal previously established in accordance with article 3.16 (Establishment of the Arbitral Tribunal) to assume jurisdiction over all or part of the claims, as well as to hear and determine them together, provided that:

(I) this tribunal, at the request of any investor participating in the dispute who was not previously a party to the dispute before this tribunal, should be reconvened in its original composition, except that an arbitrator for investors participating in the dispute should be appointed in accordance with sub-paragraphs 4 (a) and paragraph 5; and

(II) this tribunal shall decide whether any previous hearing should be held again.

7. If the tribunal has been established in accordance with this article, a disputing investor who has filed a claim for arbitration in accordance with article 3.15 (Institution of arbitration) and has not been named in the request filed in accordance with paragraph 2 may request the tribunal in writing to include him in any order issued in accordance with paragraph 6, indicating:

(a) the name and address of the disputing investor;

(b) the nature of the order sought; and

The applicant submits a copy of his request to the Secretary-General.

8. The Tribunal established in accordance with this article shall conduct the arbitration in accordance with the UNCITRAL Arbitration Rules, except as amended by this section.

9. The tribunal established in accordance with article 3.16 (Establishment of the Arbitral Tribunal) does not have jurisdiction to decide on a claim or part of a claim in respect of which the tribunal established or authorized in accordance with this article has assumed jurisdiction.

10. At the request of a party to the dispute, the tribunal established in accordance with this article may, prior to making its decision in accordance with paragraph 6, order the suspension of proceedings before the tribunal established in accordance with article 3.16 (Establishment of the Arbitral Tribunal), unless the latter tribunal has already postponed its proceedings.

Article 3.24 Third-party financing

1. In the case of third-party financing, the party to the dispute benefiting from it shall notify the other party to the dispute and the tribunal of the name and address, as well as, where applicable, the ultimate beneficial owner and corporate structure of the financing third party.

2. Such notification must be made at the time of filing a claim or, when a financing agreement is concluded or a donation or grant is made after filing a claim, immediately as soon as the contract is concluded or the donation or grant is made.

3. In allocating court costs in accordance with article 3.22 (Expenses), the Tribunal may take into account any third-party financing arrangements, including compliance with the requirements provided for in paragraphs 1 and 2 of this article.

Section C: Final provisions

Article 3.25 Publication of international agreements

1. Each Party shall ensure that international agreements concerning or affecting investors or investment activities signed by it are promptly published or otherwise made available in such a way as to enable interested persons or Parties to familiarize themselves with them.

2. As far as possible, each Party shall make the international agreements referred to in paragraph 1 available on the Internet. Each Party, at the request of the other Party, shall promptly answer specific questions and provide the other Party with information regarding the international agreements referred to in paragraph 1.

APPENDIX 3-3 to the Agreement between the Republic of Kazakhstan and the Republic of Singapore on Trade in Services and Investments

EXPROPRIATION

The Parties confirm their common understanding that:

1. An action or series of actions by a Party may not constitute expropriation, unless they affect the right to tangible or intangible property or a proprietary interest in investments.

2. Paragraph 1 of article 3.10 (Expropriation) concerns two situations. The first is direct expropriation, when investments are nationalized or otherwise directly expropriated through a formal transfer of ownership or outright seizure.

3. The second situation considered in paragraph 1 of Article 3.10 (Expropriation) is indirect expropriation, when an action or series of actions by a Party has consequences equivalent to direct expropriation without formal transfer of title or direct seizure.

(a) In order to determine whether an action or a series of actions by a Party in a particular factual situation constitutes indirect expropriation, a case-by-case, fact-based investigation is required that takes into account, among other factors:

(i) the economic impact of government actions and their duration, although the fact that an action or series of actions by a Party has an adverse effect on the economic value of an investment does not mean that indirect expropriation has occurred;

(ii) the extent to which government action is contrary to clear, reasonable investment-based expectations; and

(iii) the nature of the Government's action.

Except in rare cases, non-discriminatory regulatory actions by a Party that are designed and applied to protect legitimate public welfare goals such as public health, safety, and the environment do not constitute indirect expropriation.

CHAPTER 4THE TRANSFER OF INDIVIDUALS

Article 4.1 Coverage

(a) This chapter applies to measures relating to the temporary entry of natural persons of a Party into the territory of the other Party in respect of the categories of such natural persons listed in Annex 4-1 (List of obligations of the chapter "Movement of natural persons").

(b) This chapter does not apply to measures relating to natural persons of a Party seeking access to the labour market of the other Party, as well as to measures relating to citizenship, nationality, residence or permanent employment.

(c) Nothing in this Agreement prevents a Party from applying measures to regulate the entry of natural persons of the other Party into its territory or their temporary stay on its territory, including those measures necessary to protect the integrity and ensure the orderly movement of natural persons across its borders, provided that such measures are not applied in such a way that to nullify or reduce the benefits received by the other Party in accordance with the terms of a specific obligation. The mere fact of requiring a visa for individuals of a Party to this Agreement, and not for third-party persons, should not be considered as nullifying or reducing benefits in accordance with the obligations assumed in this Agreement.

(d) For the purposes of this chapter, "temporary entry" means the entry or stay of a natural person of a Party without the intention of permanently residing in the territory of the other Party.

(e) Neither Party may impose or maintain any quantitative restrictions or economic feasibility verification requirements with respect to the temporary entry of individuals specified in paragraph 1 of this chapter, except as provided for in its list in Annex 4-1 (List of obligations in chapter "Movement of individuals").

Article 4.2 Provision of information

1. For the purposes of this chapter, each Party shall ensure that its competent authorities make such information public in such a way that individuals of the other Party can familiarize themselves with its measures related to this chapter. Such information should be updated.

2. The information referred to in paragraph 1 refers to explanatory materials related to entry and temporary stay requirements in accordance with this chapter. Such explanatory material should include, where necessary:

(a) Relevant legislation;

(b) categories of entry permits for individuals in accordance with this chapter;

(c) the procedures for filing and issuing, extending or renewing such authorization, including the necessary documentation, the conditions to be fulfilled, and the method of filing;

(d) application fees for each type of permit related to the entry of natural persons in accordance with this chapter;

and also

(e) Estimated application processing time.

3. Each Party must provide the other Party with information on relevant publications or websites on which the information specified in paragraph 2 is available, no later than six months after the date of entry into force of this Agreement.

Article 4.3 Operational procedures for submitting applications

1. The competent authorities of each Party must promptly process applications for entry permits from individuals of the other Party, including applications for renewal or extension.

2. At the request of the applicant, the competent authorities of the Party, without undue delay, provide information on the status of his or her application.

3. The competent authorities of each Party, within a reasonable period of time after the application for temporary entry is considered completed in accordance with its legislation, shall inform the applicant, either directly or through his or her potential employers, of the results of the examination of the application. The notification should include, if necessary, the approved period of stay and any other conditions.

4. The Parties must provide the conditions for online application and processing of temporary entry permits for individuals in accordance with this chapter. A Party may require that online permit applications be submitted by potential employers of the individual concerned.

Article 4.4 Dispute resolution

Nothing in this chapter is subject to investor-State dispute resolution in accordance with section B (Investor-State Dispute Resolution) of Chapter 3 (Investment).

CHAPTER 5TRANSPARENTNESS

Article 5.1Publication

1. Each Party shall ensure that its measures of general application on any matters falling within the scope of this Agreement are promptly published or otherwise made freely available in order to allow the other Party and interested persons to familiarize themselves with them.

2. As far as possible, each Side:

(a) publish in advance any such general measures that are planned to be adopted; and

(b) provides stakeholders and the other Party with a reasonable opportunity to comment on the measures that are planned to be taken.

Article 5.2 Notification and provision of information

(a) To the maximum extent possible, each Party shall notify the other Party of any measure that, in the opinion of the Party, may significantly affect the operation of this Agreement or otherwise significantly affect the interests of the other Party in accordance with this Agreement.

(b) At the request of the other Party, the Party shall promptly provide information and answer questions related to any measures on any issues within the scope of this Agreement, regardless of whether the requesting Party has previously been notified of this measure.

(c) Any notification or information provided in accordance with this article should not prejudice whether the measure is in accordance with this Agreement.

(d) Any notification, request or information under this article shall be transmitted to the other Party through the appropriate contact points.

(e) When the information referred to in paragraph 1 has been provided by notification to the WTO in accordance with its relevant rules and procedures, or when the said information has been posted on the official, publicly accessible and free websites of the Parties, the exchange of information is considered to have taken place.

Article 5.3 Administrative proceedings

In order to consistently, impartially and reasonably apply all general measures in any matters falling within the scope of this Agreement, each Party, in the course of administrative proceedings aimed at applying such measures to specific persons, goods or services of the other Party, in certain cases must:

(a) seek to provide reasonable notice to persons of the other Party directly affected by the proceedings, in accordance with internal procedures, of when the proceedings have begun, including a description of the nature of the proceedings, a statement from the legal protection authority on the basis of which the proceedings were initiated, and a general description of any disputed issues;

(b) to provide such persons with a reasonable opportunity to present facts and arguments in support of their positions before making any final administrative decision, to the extent time, nature of the proceedings and public interest permit; and

Article 5.4 Review of administrative measures

(a) Each Party shall establish and/or maintain judicial, quasi-judicial or administrative tribunals or procedures for the purposes of, inter alia, the immediate review and correction of administrative measures in matters falling within the scope of this Agreement. Such tribunals or procedures should be impartial and independent of the agency or body charged with enforcing administrative measures, and should not have any significant interest in resolving this issue.

(b) Each Party shall ensure that, in any such tribunals or in any such proceedings, the parties to the proceedings are given the right to:

(a) a reasonable opportunity to reinforce or defend their respective positions; and

(b) a decision based on evidence and officially submitted documents or, if required by its legislation, on an official document drawn up by an administrative authority.

(c) Each Party shall ensure, subject to appeal or further review in accordance with its domestic law, that such decision applies and regulates the practice of the office or authority in relation to the administrative measure in question.

Article 5.5 Special provisions

Special provisions in other chapters of this Agreement relating to the subject matter of this chapter shall prevail to the extent that they differ from the provisions of this chapter.

CHAPTER 6 DISPUTE RESOLUTION

Article 6.1 Definitions

For the purposes of this chapter:

(a) "arbitrator" means a member of the arbitration panel established in accordance with article 6.8 (Composition and establishment of the arbitration panel);

(b) "Arbitration panel" means the panel established in accordance with article 6.8 (Composition and establishment of the arbitration panel);

(c) "claimant party" means any Party that requests the establishment of an arbitration panel in accordance with article 6.7 (Commencement of arbitration proceedings);

(d) "DRS" means an agreement on the rules and procedures governing dispute resolution specified in Annex 2 of the WTO Agreement;

(e) "respondent party" means a Party that is alleged to be in violation of the provisions of this Agreement; and

(f) "Proceedings", unless otherwise specified, means arbitration proceedings in accordance with this chapter.

Article 6.2Purpose

The objectives of this chapter are to avoid and resolve any disputes between the Parties in order to achieve, as far as possible, a mutually acceptable solution.

Article 6.3 Scope of application

(a) Unless otherwise provided in this Agreement, this chapter applies to avoid or resolve any disputes between the Parties regarding the interpretation or application of the provisions of this Agreement, in cases where the Party believes that:

(a) the other Party's measure is inconsistent with its obligations under this Agreement; or

(b) the other Party has not fulfilled its obligations under this Agreement in any other way.

(b) For the sake of greater certainty, disputes arising from the nullification or reduction of any benefit that a Party could reasonably expect to receive under this Agreement as a result of the application by the other Party of any measure not inconsistent with this Agreement shall not be governed by the provisions of this chapter.

Article 6.4 Choosing the place of dispute resolution

1. The application of the provisions of this chapter on dispute resolution should not detract from any actions within the WTO, including dispute resolution procedures.

2. If a claimant Party has initiated dispute resolution proceedings in respect of a particular measure, either in accordance with this chapter or in accordance with the WTO Agreement, it should not initiate dispute resolution proceedings in respect of the same measure at another dispute resolution venue before the first proceeding has concluded. In addition, the claimant Party should not initiate dispute resolution proceedings both in accordance with this Chapter and in accordance with the WTO Agreement, except in cases where substantially different obligations are not disputed, or when the chosen place of dispute resolution cannot, for procedural or jurisdictional reasons, provide conclusions on the claim for the elimination of violations of this Agreement. obligations, provided that such an inability of the place of dispute resolution is not the result of a Party's failure to act appropriately.

3. For the purposes of paragraph 2:

(a) dispute resolution procedures under the WTO Agreement shall be deemed initiated at the request of a Party to establish an arbitration panel in accordance with Article 6 of the DRC and shall be deemed completed when the dispute resolution body (hereinafter referred to as the LFS) established in accordance with paragraph 1 of Article 2 of the DRC approves the report of the arbitration panel and the report of the appellate body in accordance with depending on the circumstances, in accordance with Articles 16 and 17.14 of the DRS; and

(b) dispute resolution procedures under this chapter shall be deemed initiated at the request of a Party to establish an arbitration panel in accordance with Article 6.7 (Commencement of arbitration proceedings) and shall be deemed completed when the arbitration panel submits its final report to the Parties in accordance with Article 6.11 (Preliminary and final report of the arbitration panel) or when the arbitration proceedings are terminated in accordance with in accordance with article 6.15 (Suspension and termination of arbitration proceedings).

4. Nothing in this chapter shall prevent a Party from applying a suspension of obligations authorized by a dispute resolution body. The WTO Agreement should not be applied in such a way as to serve as an obstacle for a Party to suspend obligations under this chapter.

Article 6.5 Consultations

1. The Parties shall always strive to agree on the interpretation and application of the provisions of this Agreement and resolve any relevant dispute by entering into consultations in good faith in order to reach a mutually agreed solution.

2. The Party requests consultations by submitting a written request to the contact person of the other Party stating the reasons for the request, including the applicable provisions of the Agreement and the reasons for the applicability of such provisions.

3. Consultations shall be held no later than thirty (30) days after the date of receipt of the request and shall be deemed completed sixty (60) days after the date of receipt of the request, unless otherwise agreed by the Parties involved in the negotiations. Consultations on urgent matters, including perishable goods, are held no later than fifteen (15) days after the date of receipt of the request and are considered completed thirty (30) days after the date of receipt of the request, unless otherwise agreed by the Parties involved in the negotiations.

4. Consultations may be conducted in person or by any technological means available to the Parties. If consultations are held in person, they are held on the territory of the Party to which the request was sent, unless otherwise agreed by the Parties involved in the consultations. The consultations are confidential and do not infringe on the rights of either Party in any further proceedings.

5. If the Party to whom the request has been sent does not respond to the request for consultations within ten (10) days from the date of its receipt, or if the consultations do not take place within the time limits specified in paragraph 3 or are completed without reaching a mutually agreed solution, the claimant Party may request the establishment of an arbitration panel in accordance with Article 6.7 (commencement arbitration proceedings).

Article 6.6 Good offices, conciliation or mediation

1. The parties may at any time agree on the use of good offices, conciliation or mediation. Good offices, reconciliation or mediation procedures can be initiated at any time. They may be terminated at any time at the request of either the Plaintiff Party or the Defendant Party.

2. If the Parties agree to this, good offices, conciliation or mediation may continue throughout the arbitration proceedings provided for in this chapter.

3. Proceedings involving good offices, conciliation and mediation, and in particular the positions taken by the Parties during these proceedings, are confidential and do not prejudice the rights of any of the Parties in any other proceedings.

Article 6.7 Commencement of arbitration proceedings

The request for the establishment of an arbitration group is sent in writing to the Respondent Party's contact point. The claimant party must indicate in its request a specific measure or other controversial issue, whether consultations have been held and a brief description of the legal basis of the complaint in such a way that the problem is clearly presented.

Article 6.8 Composition and establishment of the arbitration panel

1. The Arbitration Panel consists of three (3) arbitrators. Each Party shall appoint an arbitrator no later than thirty (30) days after receiving the request referred to in article 6.7 (commencement of arbitration), and two arbitrators must appoint a third arbitrator by agreement no later than thirty (30) days after the appointment of the second one.

2. The parties must, no later than seven (7) days after the appointment of the third arbitrator, approve or reject the appointment of this arbitrator, who, if approved, acts as chairman of the arbitration panel.

3. If a third arbitrator has not been appointed in accordance with paragraph 1 or one of the Parties rejects the appointment of a third arbitrator, the Director General of the WTO, at the request of either Party, shall appoint a third arbitrator within the next thirty (30) days, who shall act as chairman of the arbitration panel.

4. If one of the Parties fails to appoint an arbitrator in accordance with paragraph 1, the other Party may inform the Director General of the WTO, who will appoint the chairman of the arbitration panel within the next thirty (30) days. Upon appointment, the Chairman requests the Party that has not appointed an arbitrator to do so within fourteen (14) days. If, after such a period, that Party does not appoint an arbitrator, the Chairman shall inform the Director General of the WTO, who shall make the appointment within the next thirty (30) days.

5. For the purposes of paragraphs 3 and 4, if the Director General of the WTO is a citizen of Kazakhstan or Singapore, the Deputy Director General of the WTO or the next senior staff member who is not a citizen of either Party is requested to make the necessary appointments.

6. The date of the appointment of the last of the three arbitrators is considered to be the date of the establishment of the arbitration group.

7. Any person appointed as an arbitrator of the arbitration panel must have knowledge and experience in the field of law, international trade, other issues covered by this Agreement, or in the field of dispute resolution arising from international trade agreements. The arbitrator is selected strictly on the basis of objectivity, reliability, common sense and independence and must behave on these grounds throughout the arbitration proceedings and in accordance with Appendix 6-2 (Code of Conduct for Arbitrators). In addition, the Chairman must not be a citizen, have his usual place of residence or work in Kazakhstan or Singapore. The Chairman must be a citizen of a State with diplomatic relations with both Kazakhstan and Singapore. If a Party considers that any arbitrator of the arbitration group violates these requirements, the Parties shall consult, and if they agree, that arbitrator shall be removed and a new arbitrator appointed in accordance with this article.

8. If any arbitrator of the arbitration panel appointed in accordance with this article resigns, becomes unable to participate in the proceedings, or is suspended in accordance with paragraph 7, a successor shall be appointed in the same manner as prescribed for the originally appointed arbitrator. In such a case, the work of the arbitration panel shall be suspended for a period beginning on the date on which the originally appointed arbitrator resigns, becomes unable to participate in the proceedings or is suspended in accordance with paragraph 7, and all time limits applicable to the arbitration proceedings shall be extended for the period for which the work of the arbitration panel was suspended. The work of the arbitration panel resumes on the day of the appointment of a successor. The successor must have all the powers and duties of the originally appointed arbitrator.

Article 6.9 Terms of reference

Unless otherwise agreed by the Parties within twenty (20) days from the date of receipt of the request for the establishment of the arbitration panel, the following terms of reference of the arbitration panel shall be determined:

"To study, in the light of the relevant provisions of the Agreement between the Republic of Kazakhstan and the Republic of Singapore on Trade in Services and Investments, the issue specified in the request for the establishment of an arbitration troupe in accordance with Article 6.7 (Commencement of arbitration proceedings), and draw conclusions, make decisions and make any recommendations for resolving the dispute, as well as submit a written report in accordance with Article 6.11 (Preliminary and final report of the arbitration panel)".

Article 6.10Arbitration proceedings

(a) The meetings of the arbitration panel are held in private, unless the Parties decide otherwise.

(b) Each Party is given the opportunity to submit documents in writing at least once and to be present at any presentations, statements or responses during the proceedings. All information or documents submitted by a Party in writing to the arbitration panel, including any comments on the preliminary report and answers to questions posed by the arbitration panel, should be available to the other Party.

(c) The Party claiming that the other Party's measure is inconsistent with this Agreement bears the burden of establishing such inconsistency. A Party claiming that a measure falls under an exception under this Agreement bears the burden of establishing that the exception applies.

(d) The Arbitration Panel should, if necessary, consult with the Parties and provide adequate opportunities to develop a mutually acceptable solution to the problem or a mutually agreed solution.

(e) The Arbitration Panel shall make every effort to reach any decision by consensus. If a decision cannot be reached by consensus, the disputed issue is resolved by a majority vote.

(f) At the request of a Party or on its own initiative, the arbitration panel may obtain information from any source it deems appropriate for the arbitration. The Arbitration Panel also has the right to request expert opinion at its discretion. The Arbitration Panel consults with the Parties before selecting such experts. Any information obtained in this way must be disclosed to the Parties and submitted for their comments. If the arbitration panel takes such information into account when preparing its report, it should also take into account any comments by the Parties regarding such information.

(g) Information about the discussions of the arbitration panel and the documents submitted to it are confidential.

(H) Notwithstanding paragraph 7, either Party may make public statements about its views on the dispute, but must treat as confidential any information and documents submitted by the other Party in writing to the arbitration panel that that Party has designated as confidential. If a Party has provided information or documents in writing designated as confidential, that Party must provide a non-confidential summary of the information or documents in writing that may be made public no later than thirty (30) days after the other Party's request.

Article 6.11Preliminary and final report of the arbitration panel

1. The Arbitration Panel shall submit to the Parties a preliminary report containing:

(a) a brief description of the written documents and arguments of the Parties;

(b) conclusions on the factual circumstances of the case, with justification;

(i) whether the measure in question is contrary to the obligations under this Agreement; or

(ii) whether the Party has in any other way evaded its obligations under this Agreement;

(d) any other decision provided for in the terms of reference; and

(e) if there is a decision on non-compliance, its recommendation that the Respondent Party align the measure with its obligations under this Agreement and, if the Parties agree, on ways to resolve the dispute, no later than ninety (90) days or sixty (60) days, if absolutely necessary, after the date of establishment the arbitration group. In cases where it considers that this deadline cannot be met, the chairman of the arbitration panel must notify the Parties in writing, indicating the reasons for the delay and the date on which the arbitration panel plans to submit its preliminary report. Under no circumstances should the arbitration panel submit its preliminary report later than one hundred and twenty (120) days after the date of its establishment.

2. Any Party may submit a written request for the arbitration panel to review specific aspects of the preliminary report within thirty (30) days of its submission. The Arbitration Panel shall review any written comments by the Parties to the preliminary report within fifteen (15) days from the date of receipt of the written comments. After reviewing any such written comments from the Parties, the arbitration panel may amend its report and conduct further review as it deems appropriate.

3. The Arbitration Panel shall submit its final report to the Parties no later than forty-five (45) days or thirty (30) days, if absolutely necessary, after the submission of the preliminary report. In cases where it considers that this deadline cannot be met, the chairman of the arbitration panel must notify the Parties in writing, indicating the reasons for the delay and the date on which the arbitration panel plans to submit its final report. Under no circumstances should the arbitration panel submit its final report later than one hundred and eighty (180) days after the date of its establishment. The final report should contain the issues listed in paragraph 1, include a sufficient analysis of the arguments presented at the preliminary review stage, and clearly reflect the written comments of the Parties.

4. The final report of the arbitration panel must be unconditionally accepted by the Parties in relation to the specific dispute. In its conclusions and recommendations, the arbitration panel may not add or infringe on the rights and obligations provided for in this Agreement.

Article 6.12 Execution of the arbitration panel's report

(a) Each Party shall take any measures necessary to comply in good faith with the final report of the arbitration panel. If, in its final report, the arbitration panel determines that the measure in question does not comply with the obligations under this Agreement or that the Respondent Party has not fulfilled its obligations under this Agreement, the Respondent Party must, to the extent possible, remedy the violation of this Agreement.

(b) No later than thirty (30) days after the submission of the final report, the Respondent Party shall notify the Claimant Party of the time it will take to execute the final report (hereinafter referred to as the "reasonable time") if immediate execution is not possible. The parties strive to agree on a reasonable period of time.

(c) If the Parties have not agreed on a reasonable time within forty-five (45) days after the submission of the final report, the claimant Party may, no later than fifty (50) days after the submission of the final report, request in writing the originally established arbitration panel to determine the length of the reasonable time. The other Party is simultaneously notified of such a request. The arbitration panel initially established shall submit its decision on the duration of a reasonable period to the Parties no later than twenty (20) days after the date of filing the request.

(d) If any member of the originally established arbitration panel is no longer able to participate in the proceedings, the procedures provided for in article 6.8 (composition and establishment of the arbitration panel) shall apply. The time limit for making a decision on the duration of a reasonable period should not exceed thirty-five (35) days after the date of filing the request specified in paragraph 3.

(e) The respondent Party shall notify the Claimant Party before the expiration of a reasonable period of time of any measures it has taken to comply with the final report. A reasonable period may be extended by mutual agreement of the Parties at any time before its expiration.

(f) In the event of disagreement between the Parties regarding the existence or compliance of any measure declared in accordance with paragraph 5 with the provisions of this Agreement, the Claimant Party may request in writing the originally established arbitration panel to rule on this issue. The other Party shall be notified of such request at the same time, indicating any specific measure under consideration and the provisions of Article 6.3 (interception) to which it considers this measure inappropriate, in such a way that it is sufficient to clearly present the differences. The arbitration panel initially established shall submit its decision to the Parties no later than forty-five (45) days after the date of the request.

(g) In the event that any member of the originally established arbitration group is no longer able to participate in the process, the procedures provided for in article 6.8 (composition and establishment of the arbitration group) shall apply. The time limit for making a decision should not exceed sixty (60) days after the date of filing the request specified in paragraph 6.

Article 6.13 Compensation and suspension of concessions or other obligations

1. If the respondent Party fails to notify of any measures taken to execute the final report in accordance with Article 6.12 (Enforcement of the arbitration panel's report), or if the arbitration panel decides that any measure declared in accordance with Article 6.12 (Enforcement of the arbitration panel's report), does not exist or does not comply with any provision of this Agreement, the Respondent Party enters into negotiations with the Claimant Party in order to reach a mutually acceptable compensation agreement.

2. If the Parties have not agreed on compensation within thirty (30) days after:

(a) the expiration of a reasonable period of time; or

(b) the award of the arbitration panel that any measure declared in accordance with Article 6.12 (Enforcement of the arbitration panel report) does not exist or contradicts any provision of this Agreement, depending on the circumstances, the claimant Party has the right, after notifying the Respondent Party, to suspend the concessions or other obligations, arising from this Agreement, equivalent to those affected by the measure, which the arbitration panel found not to comply with this Agreement. The notification indicates the level of assignments or other obligations that the claimant Party intends to suspend, and the reasons on which the suspension is based. The claimant Party may proceed with the suspension twenty (20) days after sending its notification to the Respondent Party, subject to paragraph 4.

3. When considering which concessions or other obligations to suspend in accordance with paragraph 2:

(a) The claimant Party must first attempt to suspend the concessions or other obligations in respect of the same sector in which, in accordance with the final report of the arbitration panel referred to in article 6.11 (Preliminary and Final Report of the Arbitration Panel), non-compliance with obligations under this Agreement has been established.;

(b) if the claimant Party considers that suspending assignments or other obligations in respect of the same sector is impractical or ineffective, it may suspend the assignments or other obligations in respect of another sector; and

(c) The claimant Party will consider those assignments or other obligations, the suspension of which would least disrupt the functioning of this Agreement.

4. The respondent Party may request in writing that the arbitration panel initially established decide whether the level of concessions or other obligations that the Claimant Party intends to suspend is equivalent to those affected by a measure deemed by the arbitration panel to be inconsistent with this Agreement. The claimant Party shall be notified of such request before the expiration of the twenty-day (20-day) period specified in paragraph 2. The initially established arbitration panel, having requested expert opinion, if necessary, submits its decision to the Parties no later than thirty (30) days from the date of the request. Assignments or other obligations should not be suspended until the arbitration panel has rendered its decision, and any suspension should be consistent with the decision of the arbitration panel.

5. In the event that any member of the originally established arbitration group is no longer able to participate in the process, the procedures provided for in article 6.8 (Composition and establishment of the arbitration group) shall apply. The time limit for making a decision should not exceed forty-five (45) days after the date of filing the request specified in paragraph 4.

6. The compensation referred to in paragraph 1 and the suspension referred to in paragraph 2 are temporary measures. Neither compensation nor suspension is preferable to the complete elimination of any non-compliance with this Agreement, as defined in the final report of the arbitration panel. Any suspension shall apply only until the nonconformity has been completely eliminated, or it has been determined in accordance with Article 6.14 (Performance Review) that the nonconformity has been eliminated, or the Parties have otherwise reached a mutually acceptable solution.

Article 6.14 Review of the fulfillment of obligations

1. If the respondent Party considers that it has eliminated the inconsistency with this Agreement, as originally determined in the final report of the arbitration panel, it may request in writing the originally appointed arbitration panel to rule on the matter. The other Party is simultaneously notified of such a request. The initially appointed arbitration panel submits its decision to the Parties no later than forty-five (45) days after the date of the request. If the arbitration panel decides that the Respondent Party has eliminated the non-compliance with the provisions of this Agreement, the claimant Party must cease to apply any suspension of assignments or other obligations that it has imposed.

2. In the event that any member of the originally established arbitration group is no longer able to participate in the process, the procedures provided for in article 6.8 (Composition and establishment of the arbitration group) shall apply. The time limit for making a decision should not exceed sixty (60) days after the date of filing the request specified in paragraph 1.

Article 6.15 Suspension and termination of arbitration proceedings

1. Upon the written request of both Parties, the Arbitration Panel shall suspend its work at any time for a period agreed upon by the Parties, not exceeding twelve (12) months, and resume its work at the end of this agreed period upon the written request of the Claimant Party, or before the expiration of this agreed period upon the written request of both Parties. If the claimant Party does not request the resumption of the arbitration panel's work before the expiration of the agreed suspension period, the dispute resolution procedures initiated in accordance with this chapter shall be deemed terminated. In accordance with article 6.4 (Choice of the place of dispute resolution), the suspension or termination of the arbitration panel's work does not infringe on the rights of any of the Parties in other proceedings.

2. The Parties may at any time agree in writing to terminate dispute resolution procedures initiated in accordance with this chapter.

Article 6.16 Rules of procedure

Dispute resolution procedures in accordance with this chapter are regulated by Appendix 6-1 (Arbitration Procedure).

Article 6.17 Rules of interpretation

The Arbitration Panel interprets the provisions of this Agreement in accordance with the usual rules of interpretation of public international law.

Article 6.18Expenses

Each Party shall bear the costs of the arbitrator appointed by him, as well as its own costs and legal aid costs. The Parties shall bear the expenses of the chairman of the arbitration panel and other expenses related to the conduct of the proceedings in equal shares.

Article 6.19Time limits

1. All deadlines set out in this chapter are counted in calendar days, with the first day being the day following the action or fact to which reference is made, unless otherwise specified.

2. Any period specified in this Chapter may be changed by mutual agreement of the Parties.

APPENDIX 6-1 to the Agreement between the Republic of Kazakhstan and the Republic of Singapore on Trade in Services and Investments

ARBITRATION PROCEDURE

General provisions

1. The definitions specified in Chapter 6 (Dispute resolution) apply to this annex. In addition, for the purposes of this annex and Appendix 6-2 (Code of Conduct for Arbitrators):

(a) "adviser" means a person invited by a Party to advise or assist that Party in connection with arbitration proceedings;

(b) "assistant" means a person who, in accordance with the terms of appointment of the arbitrator, conducts research or provides assistance to the arbitrator;

(c) "candidate" means an individual who is being considered for selection as an arbitrator in accordance with article 6.8 (Composition and establishment of the arbitration panel);

(d) "representative" means an employee or any person appointed by a government agency, department or any other public legal entity of a Party who represents a Party for the purposes of a dispute in accordance with this Agreement;

(e) "staff", as far as the arbitrator's activities are concerned, means any person under the direction and control of the arbitrator, with the exception of an assistant.

2. This annex applies to dispute resolution procedures in accordance with Chapter 6 (Dispute Resolution), unless otherwise agreed by the Parties.

3. The claimant party is responsible for the logistical support of dispute resolution procedures, in particular for the organization of hearings, unless otherwise agreed.

Notifications

4. The parties and the arbitration panel must simultaneously transmit to the relevant parties any request, notification, documents submitted in writing, or other document by e-mail with a paper copy submitted on the same day by fax, registered mail, courier, receipt delivery, or any other means of communication that provides confirmation of the fact of sending. Unless proven otherwise, an e-mail message is considered received on the day it is sent.

5. All notifications must be addressed to the relevant contact points of the Parties specified in Article 7.2 (Contact points).

6. Minor technical errors in any request, notification, documents submitted in writing, or other document related to the arbitration proceedings, in the absence of objections from the other Party, may be corrected by submitting, in accordance with rules 4-5 of this annex, a new document clearly indicating the changes.

7. If the last day of delivery of the document falls on an official public holiday of either Party, the document is delivered on the next business day.

Commencement of arbitration proceedings

8. Unless otherwise agreed by the Parties, they must meet with the arbitration panel within seven (7) days of its establishment to determine such matters as the Parties or the arbitration panel deem appropriate, including remuneration and expenses payable to the arbitrators. Arbitrators and representatives of the Parties may participate in this meeting by telephone or via videoconference.

Initial submission of documents in writing

9. The claimant party shall submit its documents in writing no later than twenty-one (21) days after the date of the establishment of the arbitration panel. The Respondent Party shall submit its documents in writing no later than twenty-one (21) days after the date of delivery of the documents in writing by the Claimant Party.

The work of arbitration groups

10. The Chairman of the arbitration panel presides over all its meetings. The arbitration Panel may delegate to the Chairman the authority to make administrative and procedural decisions.

11. Unless otherwise provided in chapter 6 (Dispute resolution), the arbitration panel may carry out its activities by any means of communication, including telephone, fax or computer communication.

12. Only arbitrators may participate in the meetings of the arbitration group, but the arbitration group may allow its assistants to be present during its discussions.

13. The consideration of all issues raised during the proceedings and the preparation of drafts of any decisions of the arbitration troupe are the exclusive responsibility of the arbitration group and this duty should not be delegated.

14. In the event of a procedural issue that is not provided for in Chapter 6 (Dispute Resolution) or annexes 6-1 (Arbitration Procedure) and 6-2 (Code of Conduct for Arbitrators), including if absolutely necessary, the arbitration panel, after consulting with the Parties, may approve the necessary procedure in accordance with these provisions.

15. When the arbitration panel considers that it is necessary to change any time limit or procedure provided for in chapter 6 (Dispute Resolution) or annexes 6-1 (Arbitration Procedure) and 6-2 (Code of Conduct for Arbitrators), it shall inform the Parties in writing of the reasons for the recommended change. The Parties may change any deadline or procedure by mutual agreement.

Replacement of arbitrators

16. If an arbitrator is unable to participate in the proceedings, recuses himself or must be replaced, a replacement must be selected in accordance with article 6.8 (Composition and establishment of the arbitration panel).

17. If a Party considers that an arbitrator does not comply with the requirements of paragraph 7 of Article 6.8 (Composition and establishment of the arbitration panel) or Annex 6-2 (Code of Conduct for Arbitrators) and for this reason should be replaced, that Party must notify the other Party within fifteen (15) days from the moment when it became aware of the circumstances, evidence of the arbitrator's non-compliance with the specified requirements.

18. If a Party considers that an arbitrator other than the chairman does not comply with the requirements of paragraph 7 of Article 6.8 (Composition and establishment of the arbitration panel) or Annex 6-2 (Code of Conduct for Arbitrators), the Parties shall consult and, if they agree, replace the arbitrator and select a replacement in accordance with the procedure provided for in Article 6.8 (Composition and Establishment arbitration panel).

19. If the Parties cannot agree on the need to replace the arbitrator, either Party may request that the matter be referred to the chairman of the arbitration panel, whose decision is final.

20. If a Party considers that the chairman of the arbitration panel does not comply with the requirements of paragraph 7 of Article 6.8 (Composition and establishment of the arbitration panel) or Annex 6-2 (Code of Conduct for Arbitrators), the Parties shall consult and, if they agree, replace the chairman and select a replacement in accordance with the procedure provided for in Article 6.8 (Composition and Establishment of the arbitration panel).

21. If the Parties cannot agree on the need to replace the Chairman, such an issue is referred to the Director General of the WTO. The decision of the WTO Director General on the need to replace the Chairman is final. If the Director General of the WTO is a citizen of Kazakhstan or Singapore, the Deputy Director General of the WTO or the next senior staff member who is not a citizen of either Party is requested to make the necessary appointments.

22. The work of the arbitration panel is suspended for the duration of the procedures provided for in rules 16-22 of this annex.

Hearings

23. The Chairman sets the date and time of the hearing, in consultation with the Parties and other arbitrators, and confirms this in writing to the Parties. If neither Party objects, the arbitration panel may decide not to convene a hearing.

24. Unless otherwise agreed by the Parties, the hearing is held on the territory of the Plaintiff Party.

25. The Arbitration Panel may convene additional hearings if the Parties so agree.

26. All arbitrators must be present during all hearings.

27. The following persons may attend the hearing:

(a) Representatives of the Parties;

(b) Advisers to the Parties;

(d) Assistant arbitrators.

Only representatives and advisers of the Parties may appear before the arbitration panel.

28. No later than three (3) days before the date of the hearing, each Party shall submit to the arbitration panel and at the same time to the other Party a list of persons who will present oral evidence or a case on behalf of that Party, as well as other representatives or advisers who will attend the hearing.

29. The Arbitration Panel conducts the hearing as follows, ensuring that the Plaintiff Party and the Defendant Party are given equal time.:

Submission of documents

(a) Submission of documents by the Claimant Party;

(b) submission of documents by the Respondent Party.

The debate

(d) presentation of counter evidence by the Respondent Party.

30. The Arbitration Panel ensures that a transcript of each hearing is prepared and made available to the Parties as soon as possible.

31. With the consent of the arbitration panel, the Party may submit additional documents in writing in response to any question raised during the hearing. The other Party is also given the opportunity to provide written comments on any such additional documents in writing.

Questions in writing

32. During the arbitration proceedings, the arbitration panel may at any time send questions in writing to one or both Parties. Each Party receives a copy of any questions asked by the arbitration panel.

33. Each Party shall also provide both the arbitration panel and the other Party with a copy of their written responses to the arbitration panel's questions. Each Party is given the opportunity to submit written comments on the other Party's responses within seven (7) days from the date of their receipt.

Confidentiality

34. The parties, their advisers and representatives, all arbitrators, former arbitrators, their assistants and staff, all participants and experts present at the arbitration panel hearings must respect the confidentiality of the hearings, discussions and the preliminary report of the arbitration panel, all written documents submitted, and the exchange of information with the arbitration panel. This includes any information provided by a Party to the arbitration panel that that Party has designated as confidential. Nothing in this annex should prevent a Party from publicly stating its position to the extent that, when referring to information provided by the other Party, no information designated by the other Party to the dispute as confidential would be disclosed.

Ex parte contacts

35. The Arbitration Panel should not hold meetings, hearings, or otherwise interact with one Party in the absence of the other Party.

36. None of the arbitrators may discuss with a Party or the Parties the subject of the proceedings in the absence of other arbitrators.

Language and translation

37. All procedures provided for in Chapter 6 (Dispute resolution) and all information exchange, all documents submitted and all reports published by the arbitration panel are conducted or compiled in English.

38. Each Party is responsible for preparing an English translation of all documents that it submits during the proceedings.

Calculating deadlines

39. If, in connection with the application of rule 7 of this annex, a Party receives a document on a date other than the date of receipt of that document by the other Party, any time period calculated on the basis of the date of receipt of such document shall be calculated from the last date of receipt of such document.

Other procedures

40. This annex also applies to the procedures provided for in paragraphs 3 and 6 of article 6.12 (Enforcement of the report of the arbitration panel), paragraph 4 of article 6.13 (Compensation and suspension of assignments or other obligations) and paragraph 1 of article 6.14 (Review of the performance of obligations). The time limits set out in this annex are brought into line with the special time limits provided for the adoption of decisions by the arbitration panel in the framework of such separate procedures.

APPENDIX 6-2 to the Agreement between the Republic of Kazakhstan and the Republic of Singapore on Trade in Services and Investments

CODE OF CONDUCT FOR ARBITRATORS

Definitions

(a) Unless otherwise indicated, the definitions used in this annex apply in the meanings defined in Chapter 6 (Dispute Resolution) and Appendix 6-1 (Arbitration Procedure).

Responsibilities during the proceedings

(b) During the proceedings, each candidate or arbitrator is required to prevent inappropriate behavior or its manifestation, act independently and impartially, avoid direct or indirect conflicts of interest, and adhere to high standards of conduct in order to preserve the integrity and impartiality of the dispute resolution mechanism. Arbitrators should not receive instructions from any organizations, individuals, or government agencies on matters under consideration by the arbitration panel.

Disclosure obligations

(c) Before being approved for the position of arbitrator in accordance with Chapter 6 (Dispute Resolution), the candidate is required to disclose information about any interests, relationships or situations that may affect his independence and impartiality or may reasonably give the impression of inappropriate behavior or bias during the proceedings. To this end, the candidate must make every reasonable effort to recognize the existence of such an interest, relationship, or situation.

(d) After approval, the arbitrator must continue to make all reasonable efforts to recognize the existence of any interests, relationships or situations referred to in paragraph 3 of this annex, and must disclose information about them. The obligation to disclose information is permanent, which requires the arbitrator to communicate such interests, relationships, or situations as soon as possible in the event of such an interest, relationship, or situation occurring at any stage of the proceedings. The arbitrator is obliged to disclose information about such interests, relationships or situations by notifying the Parties in writing for their consideration.

(e) Disclosure of information about an interest, relationship or situation is made regardless of whether such interest, relationship or situation falls within the scope of paragraphs 3 and 4 of this annex, or whether this will lead to disqualification or disqualification. If there is uncertainty about the need to disclose information about an interest, relationship, or situation, the candidate or arbitrator must be inclined to disclose information.

(f) The candidate or arbitrator is required to inform the Parties for their consideration only of situations where there is a real or potential risk of violation of this annex.

Duties of arbitrators

(g) The arbitrator must perform his duties carefully and promptly throughout the proceedings in a spirit of fairness and integrity.

(h) The arbitrator must comply with the provisions specified in Chapter 6 (Dispute Resolution), annex 6-1 (Arbitration Procedure) and this annex.

(i) The arbitrator is obliged to consider only those issues that arise during the proceedings and are necessary for making a decision, and should not transfer this duty to any third parties. An arbitrator should not refuse to allow other arbitrators to participate in all aspects of the proceedings.

(j) The arbitrator must take appropriate measures to ensure that his assistants and staff are familiar with and comply with the provisions specified in paragraphs 2-6, 8, 11 and 17-20.

(k) The arbitrator should not be involved in unilateral contacts related to the proceedings.

Independence and impartiality of arbitrators

(l) The arbitrator must be independent and impartial and must not give the impression of inappropriate behavior or bias, pursue personal interests, be subjected to external pressure, depend on political views, public demands, loyalty to a Party or fear of criticism.

(m) The arbitrator must not directly or indirectly assume any obligation or benefit that in one way or another will affect or give the impression of influencing the proper performance of his own duties.

(n) An arbitrator should not use his position in the arbitration group to advance any personal or private interests and perform actions that may give the impression that others are in a special position and are able to influence him.

(o) An arbitrator must not allow past or present financial, business, professional, family, or social relationships or responsibilities to influence his conduct or judgment.

(p) The arbitrator must not enter into any relationship or acquire a financial interest that could affect his impartiality or could reasonably create the appearance of inappropriate behavior or bias.

Confidentiality

(q) The arbitrator or former arbitrator should never disclose or use any non-public information related to the proceedings or obtained during the proceedings, except for the purposes of the proceedings, and in particular, disclose or use any such information for personal gain or benefit to others, or to influence the interests of others.

(r) The arbitrator should not make any public statements on the merits of the pending arbitration proceedings.

(s) The arbitrator must not disclose the report of the arbitration panel or any part of it before it is submitted in accordance with Chapter 6 (Dispute resolution).

(t) The arbitrator or former arbitrator should never disclose information about the discussions of the arbitration panel or about the opinion of any arbitrator on the discussions, or about the classification of certain arbitrators as expressing the opinion of the majority or minority during the proceedings.

Expenses

(u) Each arbitrator is required to keep records and submit a final report on the time devoted to the proceedings and his expenses, as well as the time and expenses of his assistants.

Obligations of former arbitrators

(v) The former arbitrator is obliged to avoid actions that may give the impression that he was biased in the performance of his duties or benefited in any way from the decision of the arbitration panel.

Responsibility of experts, assistants and staff

(w) Paragraphs 2-6, 8, 11, 17-20 and 22 also apply to experts, assistants and staff.

CHAPTER 7INSTITUTIONAL AND GENERAL PROVISIONS

Article 7.1 Joint Committee

1. The Parties hereby establish a Joint Committee composed of representatives of Kazakhstan and Singapore.

2. After the entry into force of this Agreement, the Joint Committee meets every two years in Singapore or Kazakhstan alternately, unless otherwise agreed by the Parties. The Joint Committee is chaired by ministerial-level officials from each side or their delegated representatives. The Joint Committee sets its own agenda independently.

3. In emergency cases, special meetings of the Joint Committee may also be held at the written request of one Party to the other and by mutual agreement of the Parties. Such meetings are held at a time and place agreed upon by the Parties.

4. The Joint Committee:

(a) carries out a review of the general application, reviews the general functioning of this Agreement;

(b) monitors and supervises the application of this Agreement and the promotion of its main objectives;

(d) Explore opportunities to further deepen trade relations between the Parties;

(e) seek to resolve any problematic issues arising from this Agreement; and

(f) consider any issues related to this Agreement by mutual agreement of the Parties.

5. The Joint Committee may:

(a) decide on the establishment or disbandment of any working groups he deems necessary to assist in the performance of his tasks;

(b) to make decisions on information exchange, if necessary, with all interested persons and experts on any issues within its competence.;

(d) to prepare recommendations for the Parties, which he considers appropriate, including on the introduction of any amendments to this Agreement.;

(e) to make decisions or make recommendations, if provided for in this Agreement.;

(f) to adopt its own rules of procedure; and

(g) to take any other actions in the performance of their functions by mutual agreement of the Parties.

6. The Joint Committee makes decisions and recommendations by consensus of the Parties. The Parties should take the necessary measures to implement the decisions of the Joint Committee.

Article 7.2 Contact points

Each Party shall designate a contact point that is jointly responsible for communicating with the other Party and the Joint Committee on any issues covered by this Agreement, unless otherwise specifically specified in other provisions of this Agreement. Each Party shall designate its own contact point in accordance with its internal procedures and notify the other Party of such appointment within ninety (90) days from the date of entry into force of the Agreement. In case of any change in the contact person of the Party, this Party shall notify the other Party accordingly.

Article 7.3 Relationship to other agreements

(a) The Parties confirm their existing rights and obligations towards each other arising from existing bilateral and multilateral agreements to which both Parties are parties, including the WTO Agreement.

(b) In the event of any conflict between this Agreement and other agreements to which the Parties are parties, the relevant Parties shall immediately consult with each other in order to work out a mutually acceptable solution, taking into account the general principles of international law.

(c) Notwithstanding paragraph 2, if this Agreement expressly contains provisions governing the issue of controversy referred to in paragraph 2, such provisions shall apply.

(d) For the purposes of this Agreement, any references to articles in the GATS, where applicable, include explanatory notes.

(e) In the event of any inconsistency between this Agreement and the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Singapore on the Promotion and Mutual Protection of Investments, signed on November 21, 2018, this Agreement shall prevail in terms of inconsistency.

Article 7.4 Development of WTO law

If any provision of the WTO Agreement that the Parties have incorporated into this Agreement is amended, the Parties shall consult with each other within the framework of a Joint Committee in order to work out, if necessary, a mutually acceptable solution.

Article 7.5 Taxation

1. With the exception of the cases provided for in this article, nothing in this Agreement shall apply to tax measures.

2. Nothing in this Agreement shall affect the rights and obligations of either Party under any tax agreement to which both Parties are parties. In the event of any inconsistency between this Agreement and any such agreement, such agreement shall prevail in respect of the contradiction. If there is a bilateral tax agreement between the Parties, the authorized authorities within the framework of such an agreement are solely responsible for determining whether there is any discrepancy between this Agreement and such an agreement.

3. Article 3.10 (Expropriation) and Section B (Settlement of Investor-State disputes) apply to taxation measures to the extent that such taxation measures constitute expropriation, as provided for therein. An investor who seeks to invoke Article 3.10 (Expropriation) in relation to a tax measure must first contact the competent authorities described in paragraph 4 at the time of notification in accordance with Article 3.15 (Institution of arbitration) with the question of whether this tax measure constitutes expropriation. If the authorized bodies do not agree to consider this issue or, having agreed to consider it, do not come to an agreement that this measure does not constitute expropriation within six (6) months from the date of such transfer, the investor may submit his claim to arbitration in accordance with article 3.15 (Establishment of arbitration proceedings). For greater certainty, if the authorized bodies agree in accordance with this paragraph that the measure does not constitute expropriation, the investor should not invoke article 3.10 (Expropriation) as the basis for a claim.

4. For the purposes of this article:

(a) "Authorized bodies" means:

(i) for Singapore, the Ministry of Finance;

(ii) for Kazakhstan, the Ministry of Finance; or their successors.

(b) "tax agreement" means a double taxation avoidance agreement or other international tax agreement or arrangement.

Article 7.6 Restrictions for the protection of the balance of payments

(a) If a Party is experiencing or is at risk of serious balance of payments and external financial difficulties, it may impose or maintain restrictions on trade in services and investments, as well as on payments and transfers related to trade in services and investments.

(b) Any restrictions adopted or maintained in accordance with paragraph 1 shall:

(a) comply with the articles of the IMF agreement;

(b) avoid unnecessary damage to the commercial, economic and financial interests of the other Party;

(d) be temporary and be gradually lifted as the situation referred to in paragraph 1 improves.;

(e) be applied on a non-discriminatory basis and in such a way that the other Party is treated no less favourably than any party not party to this Agreement.

(c) Any restrictions adopted or maintained in accordance with paragraph 1, or any changes thereto, must be notified immediately to the other Party.

(d) A Party accepting any restrictions in accordance with paragraph 1 of this Article shall initiate consultations with the other Party through a Joint Committee to review the restrictions it has accepted.

Article 7.7 General exceptions

Subject to the requirement that such measures not be applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination against the other Party or its investors where similar conditions prevail, or a hidden restriction on trade in services or investments by investors of the other Party in the territory of the Party, nothing in this Agreement shall be interpreted as preventing a Party from taking or enforcing measures:

(a) necessary to protect public morals or maintain public order;

(b) necessary for the protection of human, animal or plant life or health;

(d) related to the conservation of depleted natural resources, if such measures are carried out simultaneously with restrictions on domestic production or consumption;

(e) necessary to ensure compliance with legislation that does not contradict the provisions of this Agreement, including those related to:

(i) preventing deception and fraud or eliminating the consequences of non-fulfillment of contractual obligations;

(ii) protecting the privacy of individuals in connection with the processing and dissemination of personal data and protecting the confidentiality of individual data and accounts; or

(iii) security.

Article 7.8Security exceptions

Nothing in this Agreement should be interpreted.:

(a) as a requirement for a Party to provide any information, the disclosure of which it considers to be contrary to its essential security interests; or

(b) as preventing a Party from taking such measures as it deems necessary to fulfill its obligations with respect to the maintenance or restoration of international peace or security, or to protect its own essential security interests.

Article 7.9 Disclosure of information

(a) Nothing in this Agreement shall be interpreted as requiring a Party to provide confidential information, the disclosure of which would impede law enforcement or otherwise be contrary to the public interest, or would prejudice the legitimate commercial interests of individual enterprises, public or private.

(b) Unless otherwise provided in this Agreement, if a Party submits information to the other Party (or the joint committee, subcommittees, working groups or any other bodies) in accordance with this Agreement and defines the information as confidential, the Party (or the joint committee, subcommittees, working groups or any other bodies) receiving such information, must maintain the confidentiality of information, use it only for the purposes specified by the Party that provided the information, and not disclose it without the special written permission of the Party, who provided the information.

Article 7.10 Denial of benefits

A Party may at any time deny the benefits of this Agreement to a person of the other Party and his investments if such person is a legal entity that does not conduct significant business operations in the territory of the other Party and is owned or controlled by persons or:

(a) any party that is not a party to this Agreement; or

(b) the former Party.

CHAPTER 8THE FINAL PROVISIONS

Article 8.1 Introduction of amendments

The Parties may agree in writing to amend this Agreement. All amendments are an integral part of this Agreement and shall enter into force in accordance with the procedure provided for in Article 8.2 (Entry into Force).

Article 8.2 Entry into force

This Agreement is ratified by the Parties. This Agreement shall enter into force on the first day of the second month following the date of receipt of the last written notification that the Parties have completed their respective internal legal procedures necessary for the entry into force of this Agreement.

Article 8.3Duration

(a) This Agreement is valid for an indefinite period of time, unless terminated by either Party in accordance with paragraph 2.

(b) Either Party may notify the other Party in writing of its intention to terminate this Agreement.

(c) This Agreement shall terminate twelve months after the date of receipt of the written notification referred to in paragraph 2. This is without prejudice to the provision of this Agreement that defines the consequences of termination, namely Article 8.4 (Exclusion Clauses).

Article 8.4 Provisions on exceptions

1. For a period of ten (10) years from the date of termination of this Agreement, the following provisions (including the relevant annexes) shall continue to apply to investments of investors of the other Party existing on the date of termination, without prejudice to the subsequent application of the norms of general international law:

(a) the provisions of Chapter 3 (Investment); and

(B) other provisions of the Agreement that may be necessary for the application or interpretation of Chapter 3 (Investment).

2. For the avoidance of doubt, paragraph 1 does not apply to the establishment, acquisition or expansion of investments after the termination date.

3. Within thirty (30) days after delivery of the notification in accordance with paragraph 2, either Party may request consultations on whether termination of any provision of this Agreement should take effect later than provided for in paragraph 2. Such consultations should begin within thirty (30) days after delivery by the Party. such a request.

Article 8.5 of the Annex

The annexes to this Agreement are an integral part of it.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Agreement.

Done in Astana, Kazakhstan, in two copies, on May 22, 2023, in the Kazakh and English languages, both texts being equally authentic. In the event of a dispute, the English text shall prevail.

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FOR THE REPUBLIC OF KAZAKHSTAN

FOR THE REPUBLIC OF SINGAPORE

APPENDIX 2-1 to the Agreement between the Republic of Kazakhstan and the Republic of Singapore on Trade in Services and Investments

LISTS OF SPECIFIC OBLIGATIONSREFERENCES FROM SINGAPORE'S SPECIFIC OBLIGATIONS

Explanatory note

1. The classification of the service sectors in this list is based on the preliminary Classification of the main products ("CPC"). United Nations Statistical Office 1991, unless otherwise indicated by the absence of a CPC number. The procedure is set out in accordance with the list of industry classification of services used in the GATT document MTN.GNS/W/120 dated July 10, 1991. The list of specific obligations follows the guidelines set out in GATT documents MTN.GNS/W/164 of September 3, 1993 and MTN.GNS/W/164/Add.l of November 30, 1993.

2. The use of "**" in relation to individual CPC codes indicates that the specific obligation for this code should not apply to the entire range of services covered by this code.

3. The list of obligations set out below (hereinafter referred to as "this list") indicates the service sectors that have been liberalized in accordance with Articles 2.3 (Market access), 2.4 (National Treatment) and 2.5 (Additional Obligations) and, through reservations, restrictions on market access and national treatment that They apply to services and service providers in Kazakhstan in these sectors. This list consists of the following elements:

(a) The first column, which indicates the sector or subsector in which Singapore has committed itself, and the amount of liberalization to which the reservations apply;

(b) the second column, which describes the reservations applicable to Article 2.3 (Market access) in the sector or subsector indicated in the first column;

(c) The third column, which describes the reservations applicable to article 2.4 (National treatment) in the sector or subsector indicated in the first column; and

(d) The fourth column, which describes the specific obligations for measures affecting the cross-border supply of services and establishment in service sectors not subject to listing under Article 2.3 (Market access) and Article 2.4 (National treatment).

4. Despite Article 2.3 (Market access), there is no need to specify in this list non-discriminatory requirements regarding the type of organizational and legal form of an enterprise in order to maintain or adopt them by Singapore.

5. This list does not include measures related to qualifications and procedures, technical standards and licensing requirements, unless they constitute a restriction on market access or national treatment within the meaning of Articles 2.3 (Market access) and 2.4 (National treatment). These measures (for example, the need to obtain a license, obligations to provide universal services and recognition of qualifications in regulated sectors, as well as the need to take special exams, including language exams, and the need to have a legal residence in the territory where economic activity is carried out), even if not specified, in any case apply to services and suppliers. services of Kazakhstan.

6. This list does not apply to measures affecting immovable property, including, but not limited to, measures affecting the ownership, sale, purchase, development and management of immovable property.

7. In accordance with subparagraph (c) of Article 1.3 (Coverage), this list does not apply to subsidies or grants provided by a Party, including Government-supported loans, guarantees and insurance, or to any conditions related to the receipt or continued receipt of such subsidies or grants, regardless of whether such subsidies are provided exclusively to local services., service consumers or service providers.

President

Republic of Kazakhstan

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