Canada - Korea, Republic of FTA (2014)
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(a) the commercial samples be imported only for the solicitation of orders for goods, or services provided from the territory, of the other Party or a non-party; or (b) the printed advertising materials be imported in packets, each of which contains no more than one copy of the material, and that neither the materials nor the packets form part of a larger consignment.

Article 2.6. Goods Re-entered after Repair or Alteration

1. Except as provided in Annex 2-E, a Party shall not apply a customs duty to a good, regardless of its origin, that re-enters its territory after that good has been temporarily exported from its territory to the territory of the other Party for repair or alteration, regardless of whether the repair or alteration could be performed in its territory. (2)

2. A Party shall not apply a customs duty to a good, regardless of its origin, imported temporarily from the territory of the other Party for repair or alteration.

(2) This paragraph does not cover goods imported in bond, into foreign trade zones, or in similar status, that are exported for repair and are not re-imported in bond, into foreign trade zones, or in similar status.

Article 2.7. Import and Export Restrictions

1. Except as otherwise provided in this Agreement, a Party shall not adopt or maintain a prohibition or restriction on the importation of a good of the other Party, or on the exportation or sale for export of a good destined for the territory of the other Party, except in accordance with Article XI of the GATT 1994 and, for greater certainty, its interpretative notes, and to this end Article XI of the GATT 1994 and, for greater certainty, its interpretative notes, or an equivalent provision of a successor agreement to which both Parties are party, are incorporated into and made a part of this Agreement.

2. The Parties understand that the GATT 1994 rights and obligations incorporated by paragraph 1 prohibit, in any circumstances in which any other form of restriction is prohibited, export price requirements and, except as permitted in enforcement of countervailing and antidumping orders and undertakings, import price requirements.

3. If a Party adopts or maintains a prohibition or restriction on the importation from, or exportation to, a non-party of a good, this Agreement is not to be construed to prevent the Party from:

(a) limiting or prohibiting the importation from the territory of the other Party of a good of that non-party; or

(b) requiring as a condition of export of a good of the Party to the territory of the other Party, that the good not be re-exported to the non-party, directly or indirectly, without being consumed in the territory of the other Party.

4. If a Party adopts or maintains a prohibition or restriction on the importation of a good from a non-party, on request of the other Party, the Parties shall consult with a view to avoiding undue interference with, or distortion of, pricing, marketing, and distribution arrangements in the other Party.

5. Paragraphs 1 through 4 do not apply to the measures set out in Annex 2-A.

Article 2.8. Export Duties, Taxes or other Charges

A Party shall not adopt or maintain duties, taxes, or other charges on the export of a good to the territory of the other Party, unless the duties, taxes, or charges are also adopted or maintained on the good when destined for domestic consumption.

Article 2.9. Most-favoured-nation Treatment for Internal Taxes and Emissions Regulations

With respect to internal taxes and emissions regulations related to automotive goods, each Party shall accord to the products originating in the other Party no less favourable treatment than that accorded to the like products originating in a non-party, including as provided in any free trade agreement with that non-party.

Article 2.10. Customs User Fees

1. A Party shall not adopt or maintain a customs user fee or other similar charge in connection with importation of a good of the other Party that is not commensurate with the cost of services rendered.

2. The Parties affirm that nothing in this Article modifies Article VIII of GATT 1994 as it applies between them.

Article 2.11. Customs Valuation Agreement

The Customs Valuation Agreement or any successor agreement to which both Parties are party shall govern the customs valuation rules applied by the Parties to their reciprocal trade.

Article 2.12. Agricultural Safeguard Measures

1. Notwithstanding Article 2.3 , a Party may impose an agricultural safeguard measure in the form of a higher import duty, consistent with paragraphs 2 through 7, on an originating agricultural good listed in its Schedule to Annex 2-F, if the aggregate volume of imports of a good in a year exceeds a trigger level as set out in its Schedule to Annex 2-F.

2. The duty pursuant to paragraph 1 shall not exceed the lesser of the prevailing most-favoured-nation (MFN) applied rate, or the MFN applied rate of duty in effect on the day immediately preceding the date of entry into force of this Agreement, or the tariff rate set out in its Schedule to Annex 2-F.

3. The duty imposed pursuant to paragraph 1 shall be set according to the Party's Schedule to Annex 2-F and shall only be maintained until the end of the year, as defined in Annex 2-D, in which it has been imposed.

4. A Party shall not apply or maintain an agricultural safeguard measure and at the same time apply or maintain, with respect to the same good:

(a) a safeguard measure under Chapter Seven (Trade Remedies);

(b) a measure under Article XIX of GATT 1994 and the Safeguards Agreement; or

(c) a measure under any agricultural safeguard provisions of the WTO Agreement on Agriculture.

5. Each Party shall implement an agricultural safeguard measure in a transparent manner. Within 60 days after imposing a measure, the Party applying the measure shall notify the other Party in writing and shall provide it with relevant data concerning the measure. On the written request of the exporting Party, the Parties shall consult regarding the application of the measure.

6. The implementation and operation of this Article may be the subject of discussion and review in the Committee on Trade in Goods or in a sub-committee established under Article 2.14.

7. A Party shall not apply or maintain an agricultural safeguard measure on an originating agricultural good:

(a) after the expiration of the period specified in the agricultural safeguard provisions of the Party's Schedule to Annex 2-F; and

(b) that increases the in-quota duty on a good subject to a tariff rate quota (hereinafter referred to as "TRQ").

Article 2.13. Administration and Implementation of Trqs

1. A Party that has established TRQs as set out in Annex 2-G shall implement and administer these TRQs in accordance with Article XIII of GATT 1994 and, for greater certainty, its interpretive notes, and the WTO Agreement on Import Licensing Procedures, and any other WTO agreement.

2. A Party shall ensure that:

(a) its procedures for administering its TRQs are transparent, made available to the public, timely, non-discriminatory, responsive to market conditions, minimally burdensome to trade, and reflect end user preferences; and

(b) an enterprise or a person of a Party that fulfils the importing legal and administrative requirements shall be eligible to apply and to be considered for a quota allocation under the TRQs.

3. Over the course of each year, the administering authority of a Party shall publish, in a timely fashion on its designated publicly available Internet site, administration procedures, utilisation rates, and remaining available quantities for each of the TRQs.

4. A Party shall notify the other Party of new or modified administration of TRQs established in Annex 2-G prior to its application.

5. A Party shall make every effort to administer its TRQs in a manner that allows importers to fully utilise them. On the written request of a Party, the Parties shall discuss a Party's administration of its TRQs at the next meeting of Committee on Trade in Goods to arrive at a mutually satisfactory agreement. The Parties shall consider prevailing supply and demand conditions in the discussions.

Article 2.14. Committee on Trade In Goods

1. The Parties hereby establish a Committee on Trade in Goods, composed of representatives of each Party.

2. The Committee shall meet periodically, and at any other time at the request of either Party or the Commission, to ensure the effective implementation and administration of this Chapter. In this regard, the Committee shall:

(a) monitor the implementation and administration by the Parties of this Chapter;

(b) at the request of either Party, review proposed modifications of or additions to this Chapter;

(c) recommend to the Commission modifications of or additions to this Chapter, and to other provisions of this Agreement to conform with any change to the Harmonized System;

(d) consider any tariff or non-tariff issue raised by either Party (3) ; and

(e) consider any other matter relating to the implementation and administration by the Parties of this Chapter raised by:

(i) a Party; or

(ii) any sub-committee established pursuant to paragraph 4.

3. If the Committee fails to resolve a matter referred to it within 30 days of such referral, either Party may request a meeting of the Commission under Article 20.1 (Joint Commission).

4. Upon written request of a Party, a sub-committee shall be established and convene a meeting of relevant officials from each Party within 90 days or at a mutually agreed time for discussions with a view to resolving issues resulting from the implementation and administration of this Chapter and its Annexes. The sub-committee may refer to the Committee any matter for its consideration.

5. Each Party shall to the extent practicable, take all necessary measures to implement modifications of, or additions to, this Chapter within 180 days of the date on which the Commission agrees on the modification or addition.

6. This Chapter is not to be construed to prevent a Party from issuing a determination of origin or an advance ruling relating to a matter under consideration by the Committee or from taking other action it considers necessary, pending a resolution of the matter under this Agreement.

7. The Parties hereby establish a Sub-Committee on Trade in Forest Products as set out in Annex 2-B.

8. The Parties hereby establish a Sub-Committee on Trade in Automotive Goods as set out in Annex 2-C. 

(3) The Parties agree to discuss issues related to ice wine including labelling and definition pursuant to this paragraph.

Article 2.15. Definitions

For the purposes of this Chapter:

advertising films and recordings means recorded visual media or audio materials, consisting essentially of images or sound, showing the nature or operation of a good or service offered for sale or lease by a person established or resident in the territory of a Party, provided that those materials are of a kind suitable for exhibition to a prospective customer but not for broadcast to the general public, and provided that they are imported in a packet that contains no more than one copy of each film or recording and that does not form part of a larger consignment;

agricultural goods means the products listed in Annex 1 of the WTO Agreement on Agriculture with any subsequent changes agreed in the WTO to be automatically effective for this Agreement;

automotive good means all forms of motor vehicles, systems, and parts thereof falling under Chapters 40, 84, 85, 87, and 94 of the Harmonized System, except for the following goods:

(a) tractors (in HS 8701.10, 8701.20, 8709.11, 8709.19, and 8709.90);

(b) snow mobiles and golf carts (in HS 8703.10); and

(c) construction machinery (in HS 8413.40, 8425.11, 8425.19, 8425.31, 8425.39, 8425.41, 8425.42, 8425.49, 8426.11, 8426.12, 8426.19, 8426.20, 8426.30, 8426.41, 8426.49, 8426.91, 8426.99, 8427.20, 8428.10, 8428.20, 8428.31, 8428.32, 8428.33, 8428.39, 8428.40, 8428.60, 8428.90, 8429.11, 8429.19, 8429.20, 8429.30, 8429.40, 8429.51, 8429.52, 8429.59, 8430.10, 8430.20, 8430.31, 8430.39, 8430.41, 8430.49, 8430.50, 8430.61, 8430.69, 8431.10, 8431.31, 8431.39, 8431.41, 8431.42, 8431.43, 8431.49, 8474.10, 8474.20, 8474.31, 8474.32, 8474.39, 8474.80, 8474.90, 8479.10, 8701.30, 8704.10, 8705.10, 8705.20, 8705.40, and 8705.90);

commercial samples of negligible value means commercial samples having a value, individually or in the aggregate as shipped, of not more than US$1, or the equivalent amount in the currency of a Party, or so marked, torn, perforated or otherwise treated that they are unsuitable for sale or for use except as commercial samples;

consumed means:

(a) actually consumed; or

(b) further processed or manufactured so as to result in a substantial change in value, form, or use of the good or in the production of another good;

duty-free means free of customs duties;

goods imported for sports purposes means sports requisites for use in sports contests, demonstrations, or training in the territory of the Party into whose territory the goods are imported;

goods intended for display or demonstration includes their component parts, ancillary apparatus, and accessories;

goods of a Party means domestic products as understood in the GATT 1994 or goods as the Parties may agree, and includes originating goods of that Party;

printed advertising materials means those goods classified in Chapter 49 of the Harmonized System, including brochures, pamphlets, leaflets, trade catalogues, yearbooks published by trade associations, and tourist promotional materials and posters, that are used to promote, publicise, or advertise a good or service, are essentially intended to advertise a good or service, and are supplied free of charge;

repair or alteration does not include an operation or process that either destroys the essential characteristics of a good or creates a new or commercially different good (4) ; and

tariff elimination schedule means the provisions of Annex 2-D.

(4) An operation or process that is part of the production or assembly of an unfinished good into a finished good is not repair of the unfinished good; a component of a good is a good that may be subject to repair or alteration.

Chapter Three. Rules of Origin

Article 3.1. Originating Goods

Except as otherwise provided in this Chapter, a good is originating under this Agreement if: (a) the good satisfies one of the following conditions:

(i) the good is wholly obtained or produced entirely in the territory of one or both of the Parties as defined in Article 3.2;

(ii) the good has undergone sufficient production as defined in Article 3.3; or

(iii) the good is produced entirely in the territory of one or both of the Parties, exclusively from originating materials; and

(b) the good satisfies all other applicable requirements under this Chapter.

Article 3.2. Wholly Obtained

The following goods are considered wholly obtained and therefore originating in the territory of one or both of the Parties:

(a) mineral goods and other non-living natural resources extracted or taken from the territory of one or both of the Parties;

(b) vegetable goods grown and harvested in the territory of one or both of the Parties;

(c) live animals born and entirely raised in the territory of one or both of the Parties;

(d) goods obtained from live animals referred to in subparagraph (c) in the territory of one or both of the Parties;

(e) goods obtained from hunting, trapping, or fishing conducted within the land territory, internal waters, and the outer limit of the territorial sea of one or both of the Parties;

(f) fish, shellfish, and other marine life taken from the sea, seabed, ocean floor, or subsoil outside the territorial seas of one or both of the Parties by a vessel registered, recorded, or listed with a Party and entitled to fly its flag;

(g) goods produced on board a factory vessel from the fish, shellfish, or other marine life referred to in subparagraph (f), provided that the factory vessel is registered, recorded, or listed with a Party and entitled to fly its flag;

(h) goods, other than fish, shellfish, and other marine life, taken or extracted from the seabed, ocean floor, or subsoil, outside the territory of one or both of the Parties by a Party or a person of a Party, provided that the Party or person of the Party has rights to exploit that seabed, ocean floor, or subsoil in accordance with Part XI of UNCLOS;

(i) goods taken from outer space, provided they are obtained by a Party or a person of a Party and not processed in the territory of a non-party;

(j) waste and scrap resulting from production conducted in the territory of one or both of the Parties;

(k) components recovered from used goods collected in the territory of one or both of the Parties, provided that the used goods are fit only for such recovery and the components recovered therefrom have undergone a process necessary to ensure their good working condition; and

(l) goods produced entirely in the territory of one or both of the Parties exclusively from goods referred to in subparagraphs (a) through (k), or from their derivatives, at any stage of production.

Article 3.3. Sufficient Production

1. A good is considered to have undergone sufficient production and therefore is originating when the conditions set out for that good in Annex 3-A are fulfilled entirely in the territory of one or both of the Parties and all other applicable requirements of this Chapter are satisfied.

2. Notwithstanding Annex 3-A and except for a good of Chapters 1 through 21, headings 39.01 through 39.15 or Chapters 50 through 63 of the Harmonized System, a good is considered to have undergone sufficient production and therefore is originating, provided that:

(a) the good cannot satisfy the conditions in Annex 3-A because both the good and one or more of the non-originating materials used in the production of that good are classified in the same subheading, or heading that is not further subdivided into subheadings; and

(b) the value of the non-originating materials classified in the same subheading, or heading that is not further subdivided into subheadings, as the good does not exceed 55 percent of the transaction value or ex-works price of the good.

Article 3.4. Value Test

1. Except as provided in paragraphs 2 and 3, where Annex 3-A specifies a value test to determine whether a good is originating, the good is originating provided that the value of non-originating materials used in the production of the good does not exceed a given percentage of the transaction value or ex-works price of the good as specified in Annex 3-A.

2. For the purposes of a good of headings 87.01 through 87.08, at the choice of an exporter or a producer of such goods, the good is originating provided that the value of non-originating materials used in the production of the good does not exceed the given percentage of either the transaction value or ex-works price of the good, or the net cost of the good.

3. Notwithstanding paragraph 2, for the purposes of a good of headings 87.01 through 87.06, at the choice of an exporter or a producer of such goods, the good is originating provided that the value of originating materials used in the production of the good is not less than a given percentage of the transaction value or ex-works price of the good.

4. For the purposes of calculating the net cost of a good under paragraph 2, the producer of the good may:

(a) calculate the total cost incurred with respect to all goods produced by that producer, subtract any sales promotion, marketing and after-sales service costs, royalties, shipping and packing costs, and non-allowable interest costs that are included in the total cost of all those goods, and then reasonably allocate the resulting net cost of those goods to the good;

(b) Calculate the total cost incurred with respect to all goods produced by that producer, reasonably allocate the total cost to the good, and then subtract (b) any sales promotion, marketing and after-sales service costs, royalties, shipping and packing costs and non-allowable interest costs that are included in the portion of the total cost allocated to the good; or

(c) reasonably allocate each cost that forms part of the total cost incurred with respect to the good so that the aggregate of these costs does not include any sales promotion, marketing and after-sales service costs, royalties, shipping and packing costs, or non-allowable interest costs.

5. For the purposes of calculating the net cost of a good of headings 87.01 through 87.05 under paragraph 4, the producer may average its calculation over its fiscal year using any one of the following categories, on the basis of either all motor vehicles in the category or only those motor vehicles in the category that are exported to the territory of the other Party:

(a) the same model line of motor vehicles in the same class of vehicles produced in the same plant in the territory of a Party;

(b) the same model line of motor vehicles produced in the same plant in the territory of a Party; (c) the same model line of motor vehicles produced in the territory of a Party;

(d) the same class of motor vehicles produced in the same plant in the territory of a Party; or

(e) any other category as the Parties may agree.

6. For the purposes of calculating the net cost under paragraph 4 for a good of headings 87.06 through 87.08 produced in the same plant, the producer may:

(a) average its calculation,

(i) over the fiscal year of the motor vehicle producer to whom the good is sold;

(ii) over any quarter or month, provided that the good was produced during the quarter or month forming the basis for the calculation; or

(iii) over the automotive material producer's fiscal year;

(b) calculate the average referred to in subparagraph (a) separately for any or all goods sold to one or more motor vehicle producers; or

(c) calculate the average in subparagraph (a) or (b) separately for those goods that are exported to the territory of the other Party.

Article 3.5. Materials Used In Production

1. If a non-originating material undergoes sufficient production in the territory of one or both of the Parties, the resulting good is originating and no account shall be taken of the non-originating material contained therein when that good is used in the subsequent production of another good.

2. Except as provided in Article 3.6.2, the "value of non-originating materials", including, for the purposes of this definition, non-originating component goods and non-originating packaging materials and containers as referred to in Article 3.12 and in Annex 3-A, means:

(a) the transaction value or the customs value of the materials at the time of their importation into a Party, adjusted, if necessary, to include freight, insurance, packing, and all other costs incurred in transporting the materials to the place of importation; or

(b) in the case of domestic transactions, the value of the materials determined in accordance with the principles of the Customs Valuation Agreement in the same manner as international transactions, with such modifications as may be required .

3. Except as provided in Article 3.6.2, the "value of originating materials" means the price paid or payable for the material by the producer in the Party where the producer is located, in accordance with the Generally Accepted Accounting Principles applicable in the territory of the Party where the good is produced. If there is no price paid or payable, the "value of originating materials" will be the value as determined under paragraph 2(b).

Article 3.6. Self-produced Materials

1. For the purposes of determining the origin of a good, a producer of a good may, at the producer's choice, designate any self-produced material as a material to be taken into account as an originating or non-originating material, as the case may be, in determining whether the good satisfies the applicable requirements of the rules of origin.

2. The value of a self-produced material shall be:

(a) the total cost incurred with respect to all goods produced by the producer of the good that can be reasonably allocated to that self-produced material; or

(b) the sum of all costs that comprise the total cost incurred with respect to that self-produced material that can be reasonably allocated to that self-produced material.

Article 3.7. Accumulation

1. For the purposes of determining whether a good is an originating good, a good originating in the territory of one or both of the Parties shall be considered as originating in the territory of either of the Parties.

2. For the purposes of determining whether a good is an originating good, the production of the good in the territory of one or both of the Parties by one or more producers is, at the choice of the exporter or producer of the good for which preferential tariff treatment is claimed, considered to have been performed in the territory of either of the Parties by that exporter or producer, if:

(a) all non-originating materials used in the production of the good undergo sufficient production as defined in Article 3.3, entirely in the territory of one or both of the Parties; and

(b) the good satisfies all other applicable requirements of this Chapter.

3. The Parties may agree to review this Article with a view to providing for other forms of cumulation, such as cross-cumulation or pan-free-trade-agreement-cumulation for the purpose of qualifying goods as originating goods under this Agreement.

Article 3.8. De Minimis

1. Notwithstanding Article 3.3 and except for a good of Chapters 50 through 63 of the Harmonized System, a good is considered originating, where the value of all non-originating materials used in the production of the good, which do not undergo the applicable change in tariff classification or fulfil any other condition set out in Annex 3-A, does not exceed 10 percent of the transaction value or ex-works price of the good, provided that:

(a) if the rule of Annex 3-A applicable to the good contains a percentage for the maximum value of non-originating materials, the value of those non-originating materials shall be included in calculating the value of non-originating materials; and

(b) the good satisfies all other applicable requirements of this Chapter.

2. A good of Chapters 50 through 60 of the Harmonized System, that does not originate because certain non-originating yarns used in the production of the good do not fulfil the conditions set out for that good in Annex 3-A , is considered originating if the total weight of all such yarns does not exceed 10 percent of the total weight of that good.

3. A good of Chapters 61 through 63 of the Harmonized System, that does not originate because certain non-originating yarns used in the production of the component of the good that determines the tariff classification of that good do not fulfil the conditions set out for that good in Annex 3-A, is considered originating if the total weight of all such yarns in that component does not exceed 10 percent of the total weight of that component.

4. Except as provided in Annex 3-A, paragraph 1 does not apply to a non-originating material used in the production of a good provided for in Chapters 1 through 21 of the Harmonized System unless the non-originating materials are provided for in a different subheading from that of the good for which the origin is being determined under this Article.

  • Chapter   One Initial Provisions and General Definitions 1
  • Section   A Initial Provisions 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Relation to other Agreements 1
  • Article   1.3 Relation to Multilateral Environmental Agreements 1
  • Article   1.4 Extent of Obligations 1
  • Article   1.5 Reference to other Agreements 1
  • Article   1.6 Cultural Cooperation 1
  • Article   1.7 Bilateral Trade and Investment Promotion In the Automotive Sector 1
  • Section   B General Definitions 1
  • Article   18 Definitions of General Application 1
  • Article   1.9 Country-specific Definitions 1
  • Annex 1-A  Multilateral Environmental Agreements 1
  • Chapter   Two National Treatment and Market Access for Goods 1
  • Article   2.1 Scope and Coverage 1
  • Article   2.2 National Treatment 1
  • Article   2.3 Tariff Elimination 1
  • Article   2.4 Temporary Admission of Goods 1
  • Article   2.5 Duty-free Entry of Certain Commercial Samples and Printed Advertising Materials 1
  • Article   2.6 Goods Re-entered after Repair or Alteration 2
  • Article   2.7 Import and Export Restrictions 2
  • Article   2.8 Export Duties, Taxes or other Charges 2
  • Article   2.9 Most-favoured-nation Treatment for Internal Taxes and Emissions Regulations 2
  • Article   2.10 Customs User Fees 2
  • Article   2.11 Customs Valuation Agreement 2
  • Article   2.12 Agricultural Safeguard Measures 2
  • Article   2.13 Administration and Implementation of Trqs 2
  • Article   2.14 Committee on Trade In Goods 2
  • Article   2.15 Definitions 2
  • Chapter   Three Rules of Origin 2
  • Article   3.1 Originating Goods 2
  • Article   3.2 Wholly Obtained 2
  • Article   3.3 Sufficient Production 2
  • Article   3.4 Value Test 2
  • Article   3.5 Materials Used In Production 2
  • Article   3.6 Self-produced Materials 2
  • Article   3.7 Accumulation 2
  • Article   3.8 De Minimis 2
  • Article   3.9 Fungible Materials and Goods 3
  • Article   3.10 Sets or Assortments of Goods 3
  • Article   3.11 Accessories, Spare Parts and Tools 3
  • Article   3.12 Packaging Materials and Containers for Retail Sale 3
  • Article   3.13 Packing Materials and Containers for Shipment 3
  • Article   3.14 Indirect Materials 3
  • Article   3.15 Principle of Territoriality 3
  • Article   3.16 Transit and Transhipment 3
  • Article   3.17 Application and Interpretation 3
  • Article   3.18 Discussions and Modifications 3
  • Article   3.19 Common Guidelines 3
  • Article   3.20 Definitions 3
  • Chapter   Four Origin Procedures and Trade Facilitation 3
  • Article   4.1 Certificate of Origin 3
  • Article   4.2 Obligations Regarding Importations 3
  • Article   4.3 Waiver of Certificate of Origin 3
  • Article   4.4 Obligations Regarding Exportations 3
  • Article   4.5 Record Keeping Requirements 3
  • Article   4.6 Origin Verifications 3
  • Article   4.7 Denial of Preferential Tariff Treatment 4
  • Article   4.8 Confidentiality 4
  • Article   4.9 Penalties 4
  • Article   4.10 Advance Rulings 4
  • Article   4.11 Review and Appeal 4
  • Article   4.12 Uniform Regulations 4
  • Article   4.13 Cooperation 4
  • Article   4.14 Rules of Origin and Customs Committee 4
  • Article   4.15 Objectives and Principles 4
  • Article   4.16 Release of Goods 4
  • Article   4.17 Automation 4
  • Article   4.18 Risk Management 4
  • Article   4.19 Express Shipments 4
  • Article   4.20 Transparency 4
  • Article   4.21 Definitions 5
  • Chapter   Five Sanitary and Phytosanitary Measures 5
  • Article   5.1 Objectives 5
  • Article   5.2 Scope 5
  • Article   5.3 Rights and Obligations of the Parties 5
  • Article   5.4 Dispute Settlement 5
  • Article   5.5 Committee on Sanitary and Phytosanitary Measures 5
  • Chapter   Six Standards-related Measures 5
  • Article   6.1 Scope and Coverage 5
  • Article   6.2 Extent of Obligations 5
  • Article   6.3 Affirmation of the WTO Agreement on Technical Barriers to Trade and other International Agreements 5
  • Article   6.4 Cooperation 5
  • Article   6.5 Cooperation In Sector-specific Initiatives 5
  • Article   6.6 Transparency 5
  • Article   6.7 Automotive Standards-related Measures 5
  • Article   6.8 Committee on Standards-related Measures 5
  • Article   6.9 Definitions 5
  • Chapter   Seven Trade Remedies 5
  • Section   A Safeguard Measures 5
  • Article   7.1 Article XIX of the Gatt 1994 and the Safeguards Agreement 5
  • Article   7.2 Bilateral Safeguard Measures 5
  • Article   7.3 Provisional Safeguard Measures 6
  • Article   7.4 Application of Safeguard Measures 6
  • Article   7.5 Administration of Safeguard Measures 6
  • Article   7.6 Dispute Settlement In Safeguard Measures Matters 6
  • Section   B Antidumping and Countervailing Duties 6
  • Article   7.7 Antidumping and Countervailing Duties 6
  • Section   C Committee on Trade Remedies 6
  • Article   7.8 Committee on Trade Remedies 6
  • Section   D Definitions 6
  • Article   7.9 Definitions 6
  • Chapter   Eight Investment 6
  • Section   A Investment 6
  • Article   8.1 Scope and Coverage 6
  • Article   8.2 Relation to other Chapters 6
  • Article   8.3 National Treatment 6
  • Article   8.4 Most-favoured-nation Treatment  (1) (2)  6
  • Article   8.5 Minimum Standard of Treatment  (3) 6
  • Article   8.6 Compensation for Losses 6
  • Article   8.7 Senior Management and Boards of Directors 6
  • Article   8.8 Performance Requirements 6
  • Article   8.9 Non-conforming Measures 6
  • Article   8.10 Investment and Environment 6
  • Article   811 Expropriation and Compensation  (9) 6
  • Article   8.12 Transfers 7
  • Article   8.13 Subrogation 7
  • Article   8.14 Denial of Benefits 7
  • Article   8.15 Special Formalities and Information Requirements 7
  • Article   8.16 Corporate Social Responsibility 7
  • Section   B Investor-State Dispute Settlement 7
  • Article   8.17 Purpose 7
  • Article   8.18 Claim by an Investor of a Party on Its Own Behalf 7
  • Article   8.19 Claim by an Investor of a Party on Behalf of an Enterprise 7
  • Article   8.20 Notice of Intent to Submit a Claim to Arbitration 7
  • Article   8.21 Consultation and Negotiation 7
  • Article   8.22 Conditions Precedent to Submission of a Claim to Arbitration 7
  • Article   8.23 Submission of a Claim to Arbitration 7
  • Article   8.24 Consent to Arbitration 7
  • Article   8.25 Arbitrators 7
  • Article   8.26 Constitution of a Tribunal by the Secretary-general 7
  • Article   8.27 Agreement to Appointment of Arbitrators 7
  • Article   8.28 Consolidation 7
  • Article   8.29 Notice to the Non-disputing Party 7
  • Article   8.30 Documents 7
  • Article   8.31 Participation by the Non-disputing Party 7
  • Article   8.32 Place of Arbitration 7
  • Article   8.33 Language of Proceedings 7
  • Article   8.34 Preliminary Objections to Jurisdiction or Admissibility 7
  • Article   8.35 Transparency of Arbitral Proceedings 7
  • Article   8.36 Submissions by a Non-disputing Party 8
  • Article   8.37 Governing Law 8
  • Article   8.38 Interpretation of Annexes 8
  • Article   8.39 Expert Reports 8
  • Article   8.40 Interim Measures of Protection 8
  • Article   8.41 Final Award 8
  • Article   8.42 Finality and Enforcement of an Award 8
  • Article   8.43 Procedural and other Matters 8
  • Article   8.44 Exclusions 8
  • Article   8.45 Definitions 8
  • Annex 8-A  Customary International Law 8
  • Annex 8_B  Expropriation 8
  • Annex 8-C  Submission of a Claim to Arbitration 8
  • Annex 8-D  Submissions by Non-Disputing Parties 8
  • Annex 8-E  Possibility of a Bilateral Appellate Mechanism 8
  • Annex 8-F  Exclusions from Dispute Settlement 8
  • Chapter   Nine Cross-border Trade In Services 8
  • Article   9.1 Scope and Coverage 8
  • Article   9.2 National Treatment 9
  • Article   9.3 Most-favoured-nation Treatment 9
  • Article   9.4 Market Access 9
  • Article   9.5 Local Presence 9
  • Article   9.6 Non-conforming Measures 9
  • Article   9.7 Domestic Regulation 9
  • Article   9.8 Recognition 9
  • Article   9.9 Temporary Licensing 9
  • Article   9.10 Denial of Benefits 9
  • Article   9.11 Payments and Transfers 9
  • Article   9.12 Definitions 9
  • Chapter   Ten Financial Services 9
  • Article   101 Scope and Coverage 9
  • Article   10.2 National Treatment 9
  • Article   10.3 Most-favoured-nation Treatment 9
  • Article   10.4 Market Access for Financial Institutions 9
  • Article   10.5 Cross-border Trade  (2) 9
  • Article   10.6 New Financial Services  (3) 9
  • Article   10.7 Treatment of Certain Information 9
  • Article   10.8 Senior Management and Boards of Directors  (4) 9
  • Article   10.9 Non-conforming Measures 9
  • Article   10.10 Exceptions 10
  • Article   10.11 Transparency 10
  • Article   10.12 Self-regulatory Organisations 10
  • Article   10.13 Payment and Clearing Systems 10
  • Article   10.14 Recognition 10
  • Article   10.15 Specific Commitments 10
  • Article   1016 Financial Services Committee 10
  • Article   10.17 Consultations 10
  • Article   10.18 Dispute Settlement 10
  • Article   10.19 Investor-state Dispute Settlement In Financial Services 10
  • Article   10.20 Definitions 10
  • Chapter   Eleven Telecommunications 10
  • Article   11.1 Scope and Coverage 10
  • Article   11.2 Access to and Use of Public Telecommunications Transport Networks and Services 10
  • Article   11.3 Licensing Procedure 10
  • Article   11.4 Conduct of Major Suppliers 11
  • Article   11.5 Universal Service 11
  • Article   11.6 Allocation and Use of Scarce Resources 11
  • Article   11.7 Regulatory Body 11
  • Article   11.8 Enforcement 11
  • Article   11.9 Resolution of Domestic Telecommunication Disputes 11
  • Article   11.10 Transparency 11
  • Article   11.11 Forbearance 11
  • Article   11.12 Conditions for the Provision of Value-added Services 11
  • Article   11.13 Relation to other Chapters 11
  • Article   11.14 Relation to International Organisations and Agreements 11
  • Article   11.15 Definitions 11
  • Chapter   Twelve Temporary Entry for Business Persons 11
  • Article   12.1 General Principles 11
  • Article   12.2 General Obligations 11
  • Article   12.3 Grant of Temporary Entry 11
  • Article   12.4 Provision of Information 11
  • Article   12.5 Contact Points 11
  • Article   12.6 Dispute Settlement 11
  • Article   12.7 Relation to other Chapters 11
  • Article   12.8 Definitions 11
  • Chapter   Thirteen Electronic Commerce 11
  • Article   13.1 Scope of Application 11
  • Article   13.2 General Provisions 11
  • Article   13.3 Customs Duties 11
  • Article   13.4 Protection of Personal Information 11
  • Article   13.5 Paperless Trade Administration 11
  • Article   13.6 Consumer Protection 12
  • Article   13.7 Cooperation 12
  • Article   13.8 Relation to other Chapters 12
  • Article   13.9 Definitions 12
  • Chapter   Fourteen Government Procurement 12
  • Article   14.1 Objectives 12
  • Article   14.2 Existing Rights and Obligations 12
  • Article   14.3 Scope 12
  • Article   14.4 Modifications and Rectifications 12
  • Article   14.5 Further Negotiations 12
  • Article   14.6 Committee on Government Procurement 12
  • Article   14.7 Entry Into Force 12
  • Chapter   Fifteen Competition Policy, Monopolies and State Enterprises 12
  • Article   15.1 Competition Law and Policy 12
  • Article   15.2 Monopolies  (1) 12
  • Article   15.3 State Enterprises 12
  • Article   15.4 Differences In Pricing 12
  • Article   15.5 Definitions 12
  • Chapter   Sixteen Intellectual Property 12
  • Article   16.1 Objectives 12
  • Article   16.2 Scope of Intellectual Property 12
  • Article   16.3 Affirmation of International Agreement 12
  • Article   16.4 Nature and Scope of Obligation 12
  • Article   16.5 Public Health Concerns 12
  • Article   16.6 National Treatment 12
  • Article   16.7 Exhaustion 12
  • Article   16.8 Disclosure of Information 12
  • Article   16.9 Trademarks 12
  • Article   16.10 Protection of Geographical Indications  (3) 12
  • Article   16.11 Copyright and Related Rights 12
  • Article   16.12 Patents 13
  • Article   16.13 Enforcement of Intellectual Property Rights 13
  • Article   16.14 Special Requirements Related to Border Measures 13
  • Article   16.15 Criminal Procedures and Remedies 13
  • Article   16.16 Special Measures Against Copyright Infringers on the Internet 13
  • Article   16.17 Cooperation 13
  • Article   16.18 Committee on Intellectual Property 14
  • Article   16.19 Consultations 14
  • Chapter   Seventeen Environment 14
  • Article   17.1 Context and Objectives 14
  • Article   17.2 Right to Regulate and Levels of Protection 14
  • Article   17.3 Multilateral Environmental Agreements 14
  • Article   17.4 Trade Favouring Environmental Protection 14
  • Article   17.5 Upholding Levels of Protection In the Application and Enforcement of Laws 14
  • Article   17.6 Scientific Information 14
  • Article   17.7 Access to Remedies and Procedural Guarantees 14
  • Article   17.8 Transparency 14
  • Article   17.9 Public Information 14
  • Article   17.10 Cooperation 14
  • Article   17.11 Institutional Mechanism 14
  • Article   17.12 Government Consultations 14
  • Article   17.13 Panel of Experts  (2) 14
  • Article   17.14 Protection of Information 14
  • Article   17.15 Dispute Settlement 14
  • Article   17.16 Application to the Provinces of Canada 14
  • Article   17.17 Definitions 14
  • Annex 17-1  Procedures Related to Panel of Experts 14
  • Annex 17-B  Application to Provinces of Canada 14
  • Chapter   Eighteen Labour 14
  • Article   18.1 Statement of Shared Commitments 14
  • Section   A Obligations 14
  • Article   18.2 General Obligations 14
  • Article   18.3 Non-derogation 14
  • Article   18.4 Government Enforcement Action  (2) 14
  • Article   18.5 Private Action 14
  • Article   18.6 Procedural Guarantees 14
  • Article   18.7 Public Information 14
  • Section   B Institutional Mechanisms 14
  • Article   18.8 Labour Ministerial Council 14
  • Article   18.9 National Points of Contact 15
  • Article   18.10 Public Communications 15
  • Article   18.11 Cooperative Activities 15
  • Article   18.12 General Consultations 15
  • Section   C Procedures for Review of Obligations 15
  • Article   18.13 Labour Consultations 15
  • Article   18.14 Review Panel  (3) (4) 15
  • Article   18.15 Panellists 15
  • Article   18.16 Information for the Review Panel 15
  • Article   18.17 Initial Report 15
  • Article   18.18 Final Report 15
  • Section   D General Provisions 15
  • Article   18.19 Enforcement Principle 15
  • Article   18.20 Private Rights 15
  • Article   18.21 Security of Domestic Procedures 15
  • Article   18.22 Protection of Information 15
  • Article   18.23 Cooperation with International and Regional Organisations 15
  • Article   18.24 Dispute Settlement 15
  • Article   18.25 Definitions 15
  • Annex 18-A  Cooperative Activities 15
  • Annex 18-B  Public Communications 15
  • Annex 18-C  Extent of Obligations 15
  • Annex 18-D  Procedures Related to Review Panels 15
  • Annex 18-E  Monetary Assessments 15
  • Chapter   Nineteen Transparency 16
  • Article   19.1 Publication 16
  • Article   19.2 Notification and Provision of Information 16
  • Article   19.3 Administrative Proceedings 16
  • Article   19.4 Review and Appeal 16
  • Article   19.5 Cooperation on Promoting Increased Transparency 16
  • Article   19.6 Policy on Non-discriminatory Purchase and Use of Goods and Services 16
  • Article   19.7 Definitions 16
  • Chapter   Twenty Institutional Provisions and Administration 16
  • Article   20.1 Joint Commission 16
  • Article   202 Agreement Coordinators 16
  • Annex 20-A  Committees, Sub-Committees, Working Groups, and Other Bodies 16
  • Annex 20-B  Committee on Outward Processing Zones on the Korean Peninsula 16
  • Chapter   Twenty-One Dispute Settlement 16
  • Section   A Dispute Settlement 16
  • Article   21.1 Cooperation 16
  • Article   21.2 Scope and Coverage 16
  • Article   21.3 Choice of Forum 16
  • Article   21.4 Consultations 16
  • Article   21.5 Good Offices, Conciliation and Mediation 16
  • Article   21.6 Establishment of a Panel 16
  • Article   21.7 Panel Composition 16
  • Article   21.8 Rules of Procedure 16
  • Article   21.9 Panel Reports 17
  • Article   21.10 Implementation of the Final Report 17
  • Article   21.11 Non-implementation – Suspension of Benefits 17
  • Article   21.12 Compliance Review 17
  • Section   B Domestic Proceedings and Private Commercial Dispute Settlement 17
  • Article   21.13 Referrals of Matters from Judicial or Administrative Proceedings 17
  • Article   21.14 Private Rights 17
  • Article   21.15 Alternative Dispute Resolution 17
  • Anex 21-A  Nullification and Impairment 17
  • Annex 21-B  Code of Conduct for Members of Panels 17
  • Annex 21-C  Model Rules of Procedure 17
  • Chapter   Twenty-Two Exceptions 18
  • Article   22.1 General Exceptions 18
  • Article   22.2 National Security 18
  • Article   22.3 Taxation 18
  • Article   22.4 Transfers 18
  • Article   22.5 Disclosure of Information 18
  • Article   22.6 Cultural Industries 18
  • Article   22.7 World Trade Organization Waivers 18
  • Article   22.8 Definitions 18
  • Annex 22-A  Taxation and Expropriation 18
  • Chapter   Twenty-Three Final Provisions 18
  • Article   23.1 Annexes, Appendices and Footnotes 18
  • Article   23.2 Amendments 18
  • Article   23.3 Reservations 18
  • Article   23.4 Entry Into Force 18
  • Article   23.5 Duration and Termination 18
  • Article   23.6 Authentic Texts 18
  • Annex I  Reservations for Existing Measures 18
  • Schedule of Canada  Explanatory Notes 18
  • Annex I  Schedule of Canada 19
  • Appendix I-A  Illustrative List of Canada’s Sub-National Non-conforming Measures (2) 22
  • Schedule of Korea  Explanatory Notes 22
  • Annex I  Schedule of Korea 22
  • Annex II  Reservations for Future Measures 25
  • Schedule of Canada  Explanatory Notes 25
  • Annex II  Schedule of Canada 25
  • Appendix II-A  Canadian Sectors Covered by Article XVI of the GATS 26
  • Schedule of Korea  Explanatory Notes 26
  • Annex II  Schedule of Korea 27
  • Appendix II-A  Korean Sectors Covered by Article XVI of the GATS 30