Canada - Korea, Republic of FTA (2014)
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Article 3.9. Fungible Materials and Goods

1. For the purposes of determining whether a material or good is an originating material or good, any fungible material or good shall be distinguished by:

(a) physically separating each fungible material or good; or

(b) using any inventory management method recognised in the Generally Accepted Accounting Principles of the Party in which the production is performed or otherwise accepted by that Party in which the production is performed.

2. Once a particular inventory management method is selected under paragraph 1, that method shall continue to be used for those fungible materials or goods throughout the fiscal year of the person that selected the inventory management method.

Article 3.10. Sets or Assortments of Goods

Except as provided in Annex 3-A, a set or assortment of goods, as referred to in General Rule 3 of the Harmonized System, is originating, if:

(a) all of the component goods, including packaging materials and containers, are originating; or

(b) when the set or assortment of goods contains non-originating component goods, including packaging materials and containers, the value of the non-originating goods, including any non-originating packaging materials and containers for the set or assortment of goods, does not exceed 15 percent of the transaction value or ex-works price of the set or assortment of goods.

Article 3.11. Accessories, Spare Parts and Tools

Accessories, spare parts, and tools delivered with a good that form part of its standard accessories, spare parts, or tools are considered originating if the good originates and shall be disregarded in determining whether all the non-originating materials undergo the applicable conditions set out in Annex 3-A, provided that:

(a) the accessories, spare parts, or tools are not invoiced separately from the good; and

(b) the quantities and value of the accessories, spare parts, or tools are customary for the good.

Article 3.12. Packaging Materials and Containers for Retail Sale

Except as provided for in Article 3.10 and in Annex 3-A, packaging materials and containers in which a good is packaged for sale shall be disregarded in determining whether all the non-originating materials undergo the applicable conditions as set out in Annex 3-A.

Article 3.13. Packing Materials and Containers for Shipment

Packing materials, containers, pallets, or similar articles, in which a good is packed for shipment is disregarded in determining the origin of that good.

Article 3.14. Indirect Materials

For the purposes of determining whether a good is originating, it is not necessary to determine the origin of indirect materials used in production, testing or inspection of that good, but which have not entered into the final composition of the good, or which have been used in the maintenance of equipment and buildings or the operation of equipment associated with the production of a good including:

(a) energy and fuel;

(b) tools, dies, and moulds;

(c) spare parts and materials used in the maintenance of equipment and buildings;

(d) lubricants, greases, compounding materials, and other materials used in production or used to operate equipment and buildings;

(e) gloves, glasses, footwear, clothing, safety equipment, and safety supplies;

(f) equipment, devices, and supplies used for testing or inspecting goods; and (g) any other goods that are not incorporated into the good but the use of which in the production of the good can reasonably be demonstrated to be part of that production.

Article 3.15. Principle of Territoriality

1. The conditions for acquiring originating status set out in Articles 3.1 through 3.20 must be fulfilled without interruption in the territory of one or both of the Parties.

2. Notwithstanding paragraph 1, an originating good exported from a Party to a non-party shall, when returned, be considered originating if it is demonstrated to the satisfaction of the customs authorities in accordance with the laws and regulations of the importing Party concerned that the returning good:

(a) is the same as that exported; and

(b) has not undergone any operation beyond that necessary to preserve it in good condition while in that non-party or being exported.

Article 3.16. Transit and Transhipment

An originating good that is transported through the territory of a non-party is non-originating unless it can be demonstrated that the good:

(a) undergoes no further production or other operation in the territory of that non-party, other than unloading, splitting up of loads for transport reasons, reloading, or any other operation necessary to preserve it in good condition;

(b) remains under the customs control while outside the territory of one or both of the Parties; and

(c) does not enter into trade or consumption in the territory of that non-party.

Article 3.17. Application and Interpretation

For the purposes of this Chapter:

(a) the basis for tariff classification is the Harmonized System;

(b) if applying Article 3.3.2, the determination of whether a heading or subheading under the Harmonized System provides for both a good and the materials that are used in the production of the good is made on the basis of the nomenclature of the heading or subheading and the relevant Section or Chapter Notes, in accordance with the General Rules for the Interpretation of the Harmonized System;

(c) in applying the Customs Valuation Agreement under this Chapter:

(i) the principles of the Customs Valuation Agreement apply to domestic transactions, with any modifications required by the circumstances, as they would apply to international transactions;

(ii) the provisions of this Chapter take precedence over the Customs Valuation Agreement to the extent of any difference; and

(iii) the definitions in Article 3.20 shall take precedence over the definitions in the Customs Valuation Agreement to the extent of any difference.

Article 3.18. Discussions and Modifications

1. The Parties shall discuss regularly to ensure that this Chapter is administered effectively, uniformly, and consistently with the spirit and objectives of this Agreement, and cooperate in the administration of this Chapter in accordance with Chapter Four (Origin Procedures and Trade Facilitation).

2. A Party that considers that this Chapter requires modification to take into account developments in production processes or other matters may submit a proposed modification along with supporting rationale and any studies to the other Party for consideration and any appropriate action pursuant to Article 4.14 (Rules of Origin and Customs Committee).

Article 3.19. Common Guidelines

The Parties shall discuss whether to develop common guidelines for the interpretation and application of this Chapter by the date of entry into force of this Agreement.

Article 3.20. Definitions

For the purposes of this Chapter:

Chapter, unless otherwise specified, means a chapter of the Harmonized System;

classified means the classification of a good under a particular heading or subheading of the Harmonized System;

customs value means the value as determined in accordance with the Customs Valuation Agreement;

fungible goods or fungible materials means goods or materials that are interchangeable for commercial purposes and whose properties are essentially identical;

Generally Accepted Accounting Principles means accounting principles accepted and commonly used in the territory of a Party with regard to the recording of revenues, expenses, costs, assets, and liabilities, the disclosure of information, and preparation of financial statements. These principles may encompass guidelines for general application, as well as detailed standards, practices, and procedures;

good means merchandise, product, article, or material;

listed with a Party means a foreign registered vessel bare-boat chartered in accordance with the domestic law of a Party and whose registration in the foreign country is suspended for the duration of the charter;

material means an ingredient, component, part, or other good used in the production of another good;

net cost means total cost minus 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;

net cost of a good means the net cost that can be reasonably allocated to a good using one of the methods set out in Article 3.4.4;

non-allowable interest costs means interest costs incurred by a producer that exceed 700 basis points above the applicable national government rate identified for comparable maturities;

non-originating good or non-originating material means a good or material, respectively, that does not qualify as originating;

originating good or originating material means a good or material, respectively, that qualifies as originating;

other costs means all costs recorded on the books of the producer that are not product costs or period costs, such as interest;

period costs means those costs, other than product costs, that are expensed in the period in which they are incurred, such as selling expenses and general and administrative expenses;

producer means a person who engages in the production of a good in the territory of a Party;

product costs means those costs associated with the production of a good and includes the value of materials, direct labour costs, and direct overhead;

production means a method of obtaining goods, including growing, mining, harvesting, fishing, raising, trapping, hunting, manufacturing, processing, assembling, or disassembling a good;

reasonably allocate means to apportion in a manner appropriate to the circumstances;

royalties means payments of any kind, including payments under technical assistance or similar agreements, made as consideration for the use or right to use any copyright, literary, artistic, or scientific work, patent, trademark, design, model, plan, or secret formula or process, excluding those payments under technical assistance or similar agreements that can be related to specific services such as:

(a) personnel training, without regard to where it is performed; and

(b) if performed in the territory of one or both of the Parties, engineering, tooling, die-setting, software design and similar computer services, or other services;

sales promotion, marketing, and after-sales service costs means costs related to:

(a) sales or marketing promotion; media advertising; advertising or market research; promotional or demonstration materials; exhibits; sales conferences, trade shows, or conventions; banners; marketing displays; free samples; sales, marketing, or after-sales service literature (product brochures, catalogues, technical literature, price lists, service manuals, or sales aid information); establishment or protection of logos and trademarks; sponsorships; wholesale or retail restocking charges; entertainment;

(b) sales or marketing incentives; consumer, retailer, or wholesaler rebates; merchandise incentives;

(c) salaries or wages; sales commissions; bonuses; benefits (for example, medical, insurance, or pension benefits); travelling or living expenses; membership or professional fees; for sales promotion, marketing or after-sales service personnel;

(d) recruiting or training of sales promotion, marketing or after-sales service personnel, or after-sales training of customers' employees, if those costs are identified separately for sales promotion, marketing, or after-sales service of goods on the financial statements or cost accounts of the producer;

(e) product liability insurance;

(f) office supplies for sales promotion, marketing, or after-sales service of goods, if those costs are identified separately for sales promotion, marketing, or after-sales service of goods on the financial statements or cost accounts of the producer;

(g) telephone, mail, or other communications, if those costs are identified separately for sales promotion, marketing, or after-sales service of goods on the financial statements or cost accounts of the producer;

(h) rent or depreciation of sales promotion, marketing, or after-sales service offices and distribution centres;

(i) property insurance premiums, taxes, utilities, or repair or maintenance of sales promotion, marketing or after-sales service offices or distribution centres, if those costs are identified separately for sales promotion, marketing or after-sales service of goods on the financial statements or cost accounts of the producer; and

(j) payments by the producer to other persons for warranty repairs;

self-produced material means a material produced by a producer of a good and used in the production of that good;

shipping and packing costs means the costs incurred in packing a good for shipment and shipping the good from the point of direct shipment to the buyer, excluding costs of preparing and packaging the good for retail sale;

tariff provision means a Chapter, heading, or subheading of the Harmonized System;

territorial sea means an area of the sea extending up to a limit of 12 nautical miles from baselines determined in accordance with Part II of UNCLOS;

total cost means product costs, period costs, and other costs incurred in the territory of one or both of the Parties. Total cost does not include profits earned by the producer, regardless of whether they are retained by the producer, or paid out to other persons as dividends, or taxes paid on those profits, including capital gains taxes;

transaction value means the price actually paid or payable for a good or material with respect to a transaction of the producer of the good, adjusted in accordance with the principles of paragraphs 1, 3 and 4 of Article 8 of the Customs Valuation Agreement to include, inter alia, such costs as commissions, production assists, royalties, or license fees; and

transaction value or ex-works price of the good, including, for the purposes of this definition, sets or assortments of goods of Article 3.10 and of Annex 3-A, means:

(a) the transaction value of a good when sold by the producer at the place of production; or

(b) the customs value of that good adjusted, if necessary, to exclude any costs incurred subsequent to the good leaving the place of production, such as freight and insurance.

Chapter Four. Origin Procedures and Trade Facilitation

Article 4.1. Certificate of Origin

1. The Parties shall establish, by the date of entry into force of this Agreement, a Certificate of Origin to certify that a good exported from the territory of a Party into the territory of the other Party qualifies as an originating good. This Certificate of Origin may be modified as agreed by the Parties.

2. Each Party may require that a Certificate of Origin for a good imported into its territory is completed in, or translated into, a language required under its domestic law. (1)

3. Each Party shall:

(a) require an exporter in its territory to complete and sign a Certificate of Origin for the exportation of a good for which an importer may claim preferential tariff treatment upon importation of the good into the territory of the other Party; and

(b) provide that, when an exporter in its territory is not the producer of the good, the exporter may complete and sign a Certificate of Origin on the basis of:

(i) the exporter's knowledge of whether the good qualifies as an originating good;

(ii) the exporter's reasonable reliance on the producer's written representation that the good qualifies as an originating good; or

(iii) a completed and signed Certificate of Origin for the good voluntarily provided to the exporter by the producer.

4. Paragraph 3 is not to be construed to require a producer to provide a Certificate of Origin to an exporter.

5. Each Party shall provide that a Certificate of Origin duly completed and signed by an exporter or a producer in the territory of the other Party is applicable to:

(a) a single importation of one or more goods into the Party's territory; or

(b) multiple importations of identical goods into the Party's territory that occur within a specified period, not exceeding 12 months, as set out in the Certificate of Origin by the exporter or producer.

6. The Certificate of Origin referred to in paragraph 3 shall be accepted as proof of origin for at least two years, or for a longer period as specified by the importing Party's laws and regulations, after the date on which the Certificate of Origin was signed.

7. Each Party shall accept a Certificate of Origin that has been completed and signed prior to the date of entry into force of this Agreement by the exporter or producer of an originating good imported into the territory of a Party on or after the date of entry into force of this Agreement. 

(1) For Korea, English or Korean; for Canada, English or French.

Article 4.2. Obligations Regarding Importations

1. Except as provided in this Chapter, each Party shall require an importer in its territory that claims preferential tariff treatment for a good imported into its territory from the territory of the other Party to:

(a) request preferential tariff treatment at the time of importation of an originating good, if required by the importing Party's customs administration;

(b) make a written declaration, as prescribed by that Party's laws and regulations, that the good qualifies as an originating good;

(c) have the Certificate of Origin in its possession at the time the declaration is made, if required by the importing Party's customs administration;

(d) provide, on the request of that Party's customs administration, a copy of the Certificate of Origin and, if required by that customs administration, any other documentation relating to the importation of the good in accordance with the domestic law of the importing Party; and

(e) promptly make a corrected declaration in a manner required by the customs administration of the importing Party and pay any duties owing where the importer has reason to believe that a Certificate of Origin on which a declaration was based contains information that is not correct.

2. Each Party shall provide that, if an importer in its territory claims preferential tariff treatment for a good imported into its territory from the territory of the other Party:

(a) the Party may deny preferential tariff treatment to the good if the importer fails to comply with any requirement under this Chapter; and

(b) the importer shall not be subject to penalties for the making of an incorrect declaration if it voluntarily makes a corrected declaration pursuant to paragraph 1(e), provided that the customs administration of the importing Party has not initiated a verification of origin pursuant to Article 4.6.

3. Each Party shall, in accordance with its domestic law, provide that where a good would have qualified as an originating good when it was imported into the territory of that Party, the importer of the good may, within a period of at least one year or for a longer period specified by the importing Party's domestic law after the date on which the good was imported, apply for a refund of any excess duties paid as the result of the good not having been accorded preferential tariff treatment.

Article 4.3. Waiver of Certificate of Origin

Each Party shall provide that a Certificate of Origin is not required for:

(a) an importation of a good whose value does not exceed US$1,000 or its equivalent amount in the Party's currency, or such higher amount as it may establish; or

(b) an importation of a good for which the Party into whose territory the good is imported has waived the requirement for a Certificate of Origin, provided that the importation is not part of a series of importations that may reasonably be considered to have been undertaken or arranged for the purpose of avoiding the certification requirements of Articles 4.1 and 4.2.

Article 4.4. Obligations Regarding Exportations

1. Each Party shall provide that:

(a) an exporter in its territory, or a producer in its territory that has provided a copy of a Certificate of Origin to that exporter pursuant to Article 4.1.3(b)(iii), shall provide a copy of the Certificate of Origin and, if required, other documentation in accordance with the Party's domestic law, to its customs administration on request; and

(b) an exporter or a producer in its territory that has completed and signed a Certificate of Origin, and that has reason to believe that the Certificate of Origin contains information that is not correct, shall promptly notify, in writing, every person to whom the Certificate of Origin was given by the exporter or producer, of a change that could affect the accuracy or validity of the Certificate of Origin.

2. Each Party:

(a) shall provide that a false certification by an exporter or a producer in its territory that a good to be exported to the territory of the other Party qualifies as an originating good shall have the same legal consequences, with appropriate modifications, that would apply to an importer in its territory for a contravention of its customs laws and regulations regarding the making of a false statement or representation; and

(b) may apply such measures as the circumstances warrant where an exporter or a producer in its territory fails to comply with a requirement of this Chapter.

3. A Party shall not impose penalties on an exporter or a producer in its territory that voluntarily provides written notification pursuant to paragraph 1(b) with respect to the making of an incorrect certification.

Article 4.5. Record Keeping Requirements

Each Party shall provide that:

(a) an exporter or a producer in its territory that completes and signs a Certificate of Origin must maintain, in its territory, for five years after the date on which the Certificate of Origin was signed or for a longer period as specified by the Party, records relating to the origin of a good for which preferential tariff treatment was claimed in the territory of the other Party, including records associated with:

(i) the purchase of, cost of, value of, and payment for, the good that is exported from that Party's territory;

(ii) the purchase of, cost of, value of, and payment for, all materials, including indirect materials, used in the production of the good that is exported from that Party's territory;

(iii) the production of the good in the form in which the good is exported from that Party's territory; and

(iv) other documentation as mutually agreed by both parties; and

(b) an importer claiming preferential tariff treatment for a good imported into the Party's territory must maintain, in that Party's territory, for five years after the date of importation of the good or for a longer period as specified by that Party, records relating to the importation of the good required by that Party, including a copy of the Certificate of Origin.

Article 4.6. Origin Verifications

1. For the purposes of determining whether a good imported into its territory from the territory of the other Party qualifies as an originating good, a Party may, through its customs administration, conduct a verification by means of:

(a) written questionnaires to an exporter or a producer in the territory of the other Party;

(b) verification visits to the premises of an exporter or a producer in the territory of the other Party to review the records referred to in Article 4.5(a) and observe the facilities used in the production of the good; or

(c) other procedures as agreed by the Parties.

2. Before conducting a verification visit pursuant to paragraph 1 (b), the Party shall, through its customs administration:

(a) deliver a written notification of its intention to conduct the visit:

(i) to the exporter or producer whose premises are to be visited;

(ii) to the customs administration of the other Party; and

(iii) if requested by the other Party, to the embassy of the other Party in the territory of the Party proposing to conduct the visit; and

  • 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