Investment  
     
 

The USSFTA covers the following areas regarding investment:
  • definition of investment admission and treatment of foreign investment;
  • compensation with respect to expropriation;
  • transfer of funds; and
  • repatriation of profits.

Each side will permit all transfers relating to a covered investment to be made freely and without delay into and out of its territory. The transfers include:
  • contributions to capital;
  • profits, dividends, capital gains, and proceeds from the sale of all or any part of the covered investment or from the partial or complete liquidation of the covered investment;
  • interest, royalty payments, management fees and technical assistance and other fees; and
  • payments

Singapore and the US will commit to grant fair market value for expropriation.
Both sides undertake not to impose any unfair performance requirements, such as requiring the investor to export a given level of goods and services, as a condition for the investment.

The USSFTA also provides for an investor-to-state dispute mechanism. Investors aggrieved by government actions that are in breach of obligations under this chapter have the right to take the dispute directly to an international arbitration tribunal for resolution.

The mechanism for an investor to resolve dispute with government which breached FTA obligations through international arbitration tribunal is as follows:
1st stage:        Dispute resolution through amicable consultations and negotiations facilitated by respective Government Ministries
2nd stage: If dispute is unresolved, investor provides notice to respondent of its intention to submit claim to arbitration.
3rd stage: Claim is submitted to International Centre for Settlement of  Investment Dispute (ICSID) tribunal
4th stage: ICSID tribunal issues ruling