Recognition of Governments
Statehood and Sovereignty
Singapore did not recognize the Myanmar military regime as the government of Myanmar following the 1 February 2021 coup. Singapore has instead called on all parties in Myanmar to negotiate in good faith and to pursue long-term peaceful political solutions in order to achieve national reconciliation, including a way back to democratic transition.
Extradition
Territory and Jurisdiction
On 24 July 2021, on the Cabinet of Singapore’s advice and pursuant to Article 22P(1) of the Constitution of the Republic of Singapore, the President of Singapore remitted the caning sentence imposed on David James Roach, who fled Singapore after committing a bank robbery. As part of the extradition proceedings, the Singapore Government undertook to the United Kingdom Government that Roach would not face corporal punishment in the event that Singapore courts found him guilty of the offenses he was extradited for. The remittance constituted the Singapore Government’s fulfillment of the assurance it gave the United Kingdom Government. Singapore also emphasized that assurance was made in light of both States’ differing views towards corporal punishment and that the assurance did not affect Singapore’s longstanding view that corporal punishment does not constitute torture, cruel, inhuman, or degrading treatment or punishment, or contravene international law.
Implementation of Treaties
Relationship between International and Domestic Law
Domestic Legislation
The Multimodal Transport Act 2021 came into effect on 28 November 2021 after it was passed by the Singapore Parliament on 5 January 2021 and assented to by the President of Singapore on 5 February 2021. The Multimodal Transport Act 2021 gives effect to the Association of Southeast Asian Nations (ASEAN) Framework Agreement on Multimodal Transport, which was signed on 17 November 2005. Comprising of five Parts, the Act covers, inter alia, the registration under the Register of the Singapore competent national body; the issue and contents of the multimodal transport document; the multimodal transport operator’s liabilities; and the consignor’s duties and liabilities.
The Carriage of Goods by Sea Act 1972 (2020 Revised Edition) came into operation on 31 December 2021. The Act gives effect to The Hague Rules as Amended by the Brussels Protocol 1968 (the Hague-Visby Rules), which provides rules governing the international carriers of goods by sea.
Making and Concluding Treaties – Deposit
Treaties
The Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (Apostille Convention) entered into force on 16 September 2021 after Singapore deposited its instrument of accession on 18 January 2021. The Apostille Convention abolishes the requirement of legalization and requires every Contracting Party to accept the apostille certificates issued by the Competent Authorities designated by other Contracting Parties.
Bilateral Cooperation – COVID-19
International Relations and Cooperation
Singapore-Australia Dose Sharing Arrangement of COVID-19 Vaccines
Singapore and Australia agreed on a Dose Sharing Arrangement of COVID-19 vaccines on 31 August 2021. According to the Arrangement, Singapore would first provide Australia with about 500,000 Pfizer-BioNTech mRNA-based vaccine doses and Australia would in exchange, provide the same quantity of vaccine doses to Singapore in the future. On 2 September 2021, Singapore provided about 500,000 Pfizer-BioNTech mRNA-based vaccine doses to Australia. On 18 November 2021, Australia provided Singapore with the same number of doses.
Multilateral Treaty Negotiations
Conclusion of Negotiations on the Pacific Alliance-Singapore Free Trade Agreement
Singapore and the Pacific Alliance (PA), which comprised Chile, Colombia, Mexico, and Peru, concluded negotiations on the PA-Singapore Free Trade Agreement (PASFTA) on 21 July 2021. The negotiations were formally launched in September 2017. The provisions of the PASFTA would pertain to, inter alia, tariff elimination, non-tariff measures, investment, cross-border trade in services, international maritime transport services, electronic commerce, government procurement, and legal transparency.
Bilateral Treaty Negotiations
Substantial Conclusion of Negotiations on the United Kingdom-Singapore Digital Economy Agreement
On 9 December 2021, Singapore and the United Kingdom (UK) substantially concluded the negotiations on the UK-Singapore Digital Economy Agreement (UKSDEA). The negotiations were launched on 28 June 2021 and would be Singapore’s third DEA. In 2020, Singapore entered its first DEA with Chile and New Zealand, and its second DEA with Australia. The UKSDEA facilitates end-to-end digital trade, establishes rules for a secure digital environment, and promotes bilateral cooperation on matters relating to emerging technologies.
Substantial Conclusion of Negotiations on the Republic of Korea-Singapore Digital Economy Agreement
On 15 December 2021, Singapore and the Republic of Korea (ROK) concluded negotiations on Singapore’s fourth Digital Economy Agreement, namely, the Korea-Singapore Digital Partnership Agreement (KSDPA). The KSDPA is Singapore’s first DEA with an Asian State. The KSDPA seeks to expand the scope of bilateral cooperation on matters relating to the digital economy and establish transparent benchmarks to support the effective regulation of the digital economy. According to the 15 December 2021 Press Release by Singapore’s Ministry of Trade and Industry, the KSDPA would complement the efforts by Singapore as a co-convenor of the World Trade Organisation Joint Statement Initiative on Electronic Commerce to develop rules governing digital trade.
Treaties
International Economic Law
International Investment Agreement
The Singapore-Indonesia Bilateral Investment Treaty, which was signed on 11 October 2018, entered into force on 9 March 2021. There are five notable features of the BIT. First, the Most-Favoured Nation Treatment does not extend to any investment agreements initialled, signed, or entered into force before 9 March 2021. Second, the provisions on expropriation neither apply to the issuance of compulsory licenses granted in relation to intellectual property rights, nor to the revocation, limitation, or creation of intellectual property rights where such acts are consistent with the Agreement on Trade-Related Aspects of Intellectual Property Rights in Annex 1C to the World Trade Organisation Agreement. Third, the BIT provides that Parties may adopt or maintain restrictions on payments, transfers, or capital movements in order to safeguard their balance of payments. Fourth, the BIT contains provisions concerning corporate social responsibility and corruption. Fifth, the BIT provides for Investor-State Dispute Settlement, which would only be available if the investment dispute cannot be resolved within one year from the date on which consultations regarding the dispute were requested.
Treaties – Digital Economy Agreements
The Digital Economy Partnership Agreement (DEPA) between Singapore, Mexico, and New Zealand entered into force for Singapore and New Zealand on 7 January 2021. The DEPA coexists with the Parties’ existing international agreements including the World Trade Organisation Agreement. There are four notable features of the DEPA.
First, the DEPA facilitates business and trade through, inter alia, rules on paperless trading, cooperation on initiatives to facilitate the adoption of electronic invoicing, and recognition of principles concerning electronic payments. Second, the DEPA fosters business and consumer trust by obligating the State Parties to adopt certain measures regarding unsolicited commercial electronic messages and online consumer protection. Third, the DEPA fosters close cooperation between the Parties’ Small and Medium Enterprises (SME) on the digital economy by creating obligations concerning information sharing and convening a Digital SME Dialogue. Fourth, the DEPA obligates the Parties to cooperate on issues concerning digital inclusion, which encompasses participation in the digital economy by women, rural populations, low-socio-economic groups, and Indigenous Peoples.
Treaties – Bilateral Free Trade Agreements
The Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Singapore (UKSFTA), which was signed on 10 December 2020, entered into force on 11 February 2021. The UKSFTA incorporates many but not all of the provisions of the 2018 European Union-Singapore Free Trade Agreement. The UKSFTA commits both Parties to various obligations concerning, inter alia, tariff elimination, reduction of Technical and Non-Tariff Barriers, flexible Rules of Origin for certain exports, and cumulative Rules of Origin.
Treaties – Regional Trade Agreements
The Association of Southeast Asian Nations (ASEAN) Trade in Services Agreement (ATSIA), which was signed on 7 October 2020, was ratified by Singapore on 5 April 2021. The ATSIA seeks to increase trade and investment in the area of services through core obligations relating to National Treatment, Most-Favoured-Nation Treatment, market access, and local presence, as well as senior management and Board of Directors. The ATSIA also stipulates regulatory obligations and disciplines concerning, inter alia, the transparency of measures governing trade in services, the manner in which domestic regulation affecting trade in services is administered, and the recognition of licences granted in another ASEAN Member State.
The Regional Comprehensive Economic Partnership (RCEP) was ratified by Singapore on 9 April 2021. Composed of 20 Chapters, the RCEP covers trade in goods and services, temporary movement of persons, investment, intellectual property, electronic commerce, competition, small and medium enterprises, economic and technical cooperation, as well as government procurement. Regarding the settlement of investment disputes, the RCEP currently provides no provisions for Investor-State Dispute Settlements and instead contains a Work Programme for the Parties to enter into discussions no later than two years after the date on which the RCEP enters into force. According to a 26 April 2021 report on “What You Need to Know About the Regional Comprehensive Economic Partnership Agreement” by Singapore’s Ministry of Trade and Industry, the RCEP improves on existing ASEAN Plus One agreements by comprehensively facilitating trade, improving market access for trade in services, enhancing investment rules, and expanding commitments in new areas including competition policy, electronic commerce, and intellectual property rights.
Treaties – Tax Treaties
The Protocol amending the Agreement signed on 28 June 2004 between the Republic of Singapore and the Federal Republic of Germany for the Avoidance of Double Taxation with respect to Taxes on Income and on Capital entered into force on 29 March 2021.
The Agreement between the Government of the Republic of Singapore and the Government of the Republic of Indonesia for the Elimination of Double Taxation with respect to Taxes on Income and the Prevention of Tax Evasion and Avoidance entered into force on 23 July 2021 (2021 Singapore-Indonesia DTA). The 2021 Singapore-Indonesia DTA, which would be effective from 1 January 2022, updates the pre-existing agreement, which had been in effect since 1992. The updates contained in the 2021 Singapore-Indonesia DTA include, inter alia, a capital gains provision, the removal of the limitation of relief to treaty benefits, and standards to reduce treaty abuses.
The Agreement between the Government of the Republic of Singapore and the Government of the Republic of Serbia for the Elimination of Double Taxation with respect to Taxes on Income and the Prevention of Tax Evasion and Avoidance, which was signed on 26 February 2021 and 5 April 2021, entered into force on 16 August 2021.
The Agreement between the Republic of Singapore and the Federative Republic of Brazil for the Elimination of Double Taxation with respect to Taxes on Income and the Prevention of Tax Evasion and Avoidance, which was signed on 7 May 2018, entered into force on 1 December 2021.
The Agreement between the Government of the Republic of Singapore and the Government of the Republic of Armenia for the Elimination of Double Taxation with respect to Taxes on Income and the Prevention of Tax Evasion and Avoidance, which was signed on 8 July 2019, entered into force on 23 December 2021.
The Agreement between the Government of the Republic of Singapore and the Government of the Hashemite Kingdom of Jordan for the Elimination of Double Taxation with respect to Taxes on Income and the Prevention of Tax Evasion and Avoidance, which was signed on 14 July 2021, entered into force on 30 December 2021.
Memorandums of Understanding
Memorandum of Understanding Implementing the United States of America-Singapore Partnership for Growth and Innovation
Singapore and the United States of America (US) signed a Memorandum of Understanding Implementing the US-Singapore Partnership for Growth and Innovation (PGI) on 7 October 2021. The PGI provides a bilateral platform to strengthen US-Singapore cooperation on matters relating to the digital economy, energy and environmental technologies, supply chain resilience, and healthcare.
Climate Change
International Environmental Law
Treaties – Green Economy Agreements
Singapore and Australia Start Negotiations on Green Economy Agreement
On 11 October 2021, Singapore and Australia jointly announced that both States intend to develop a Green Economy Agreement, which would accelerate their transition towards a green economy through practical trade and investment measures. The negotiations on the Green Economy Agreement started on 22 September 2021 after bilateral discussions during the Sixth Australia-Singapore Annual Leaders’ Meeting in June 2021.
Memorandums of Understanding
Chile-Singapore Memorandum of Understanding for Collaboration on Low-Carbon Hydrogen Technologies
Singapore and Chile signed a Memorandum of Understanding (MOU) for Collaboration on Low-Carbon Hydrogen Technologies on 15 February 2021. The MOU seeks to facilitate bilateral cooperation on the use of hydrogen as an alternative energy source.
Singapore and Australia Conduct First Dialogue under the Singapore-Australia Memorandum of Understanding for Cooperation on Low-Emissions Solutions
On 15 October 2021, Singapore and Australia conducted the first annual dialogue under the Singapore-Australia Memorandum of Understanding (MOU) for Cooperation on Low-Emissions Solutions, which was signed on 26 October 2020. The MOU’s priority areas of cooperation pertained to emissions reduction strategies, hydrogen, carbon capture, utilization and storage (CCUS), trade in renewable energies, as well as measurement, verification and reporting (MRV). According to a Joint Communique by Singapore and Australia on 9 November 2021, the progress made thus far, and the future plan pertained to low-emission solutions, large-scale renewable electricity trade, as well as capacity-building efforts aimed at measuring, verifying, and reporting emissions.
Treaties – International Organisation
Law of the Sea
Singapore Signs and Ratifies the Convention on the International Organization for Marine Aids to Navigation
The Convention on the International Organization for Marine Aids to Navigation was signed and ratified by Singapore on 1 March 2021 and 9 March 2021, respectively. The Convention establishes the International Organization for Marine Aids to Navigation as an intergovernmental organization.
Memorandums of Understanding
Memorandum of Understanding Signed between the Maritime and Port Authority of Singapore and the French Directorate of Maritime Affairs
A Memorandum of Understanding (MOU) was signed by the Maritime and Port Authority of Singapore and the French Directorate of Maritime Affairs on 19 April 2021. The MOU seeks to deepen Singapore-France maritime cooperation.
Treaties – Conclusion of Negotiations
Air Law
ASEAN-EU Comprehensive Air Transport Agreement
The Association of Southeast Asian Nations (ASEAN) and the European Union (EU) concluded negotiations on the ASEAN-EU Comprehensive Air Transport Agreement (ASEAN-EU CATA) on 2 June 2021. The ASEAN-EU CATA will replace the pre-existing bilateral aviation treaties between the individual members of ASEAN and the EU. Under the ASEAN-EU CATA, airlines of every ASEAN and EU Member State can fly up to 14 fifth freedom passenger services and any number of fifth freedom cargo services per week to each Member State.