Canada - Korea, Republic of FTA (2014)
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(c) A Party shall not maintain a safeguard measure for a period exceeding two years, except that the period may be extended by up to two years if the competent authority determines, in conformity with the procedures set out in paragraphs 1 and 2, and Article 7.3, that the safeguard measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting. The total period of application of a safeguard measure, including the period of initial application and any extension thereof, shall not exceed four years; and (d) On the termination of the safeguard measure, the rate of customs duty shall be the rate that, according to that Party's Schedule to Annex 2-D (Tariff Elimination) for the staged elimination of the customs duty, would have been in effect but for the safeguard measure.

3. (a) No later than 30 days after a Party applies a safeguard measure, that Party shall afford an opportunity for the other Party to consult regarding appropriate trade liberalising compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional customs duties expected to result from the measure. The Party applying the safeguard measure (hereinafter referred to as the "applying Party") shall provide such compensation as mutually agreed between the Parties.

(b) If the Parties are unable to agree on compensation within 30 days after consultations begin, the Party against whose originating good the measure is applied may suspend the application of concessions with respect to originating goods of the applying Party that have trade effects substantially equivalent to the safeguard measure.

(c) The applying Party's obligation to provide compensation pursuant to subparagraph (a) and the other Party's right to suspend concessions pursuant to subparagraph (b) shall terminate on the date the safeguard measure terminates.

4. The right of suspension referred to in paragraph 3 shall not be exercised for the first 24 months during which a safeguard measure is in effect, provided that the safeguard measure conforms to the provisions of this Agreement. 

Article 7.3. Provisional Safeguard Measures

1. In critical circumstances, if delay would cause damage that would be difficult to repair, a Party may apply a safeguard measure on a provisional basis pursuant to a preliminary determination by its competent investigating authority that there is clear evidence that imports of an originating good from the other Party have increased as a result of the reduction or elimination of a customs duty under this Agreement, and that those imports constitute a substantial cause of serious injury, or threat thereof, to the domestic industry.

2. Before a Party's competent investigating authority may make a preliminary determination, that Party shall publish a public notice in its official journal setting forth how interested parties, including importers and exporters, may obtain a non-confidential copy of the application requesting a provisional safeguard measure, and shall provide interested parties with at least 20 days after the date the Party publishes the notice to submit evidence and views regarding the application of a provisional safeguard measure. A Party shall not apply a provisional safeguard measure until at least 45 days after the date its competent investigating authority initiates an investigation.

3. The duration of any provisional safeguard measure shall not exceed 200 days, during which time the applying Party shall comply with the requirements of Article 7.5.4.

4. The applying Party shall promptly refund any customs duty increases if the investigation described in Article 7.5.4 does not result in a finding that the requirements of Article 7.2.1 are met. The duration of any provisional safeguard measure shall be counted as part of the period described in Article 7.2.2(c).

Article 7.4. Application of Safeguard Measures

A safeguard measure with respect to a good may only be applied during the transition period for that good.

Article 7.5. Administration of Safeguard Measures

1. Each Party shall ensure the consistent, impartial, and reasonable administration of its laws, regulations, decisions, and rulings governing all safeguard measures.

2. Each Party shall entrust determinations of serious injury, or threat thereof, in safeguard measure proceedings to a competent investigating authority, subject to review by judicial or administrative tribunals, to the extent provided by its domestic law. Negative injury determinations are not subject to modification, except by such review. Each Party shall provide the competent investigating authority empowered under its domestic law to conduct those proceedings with the necessary resources to enable that Party to fulfil its duties.

3. Each Party shall adopt or maintain equitable, timely, transparent, and effective procedures for safeguard measure proceedings, in accordance with the requirements set out in paragraph 4.

4. A Party may apply a safeguard measure only following an investigation by the Party's competent investigating authority in accordance with Articles 3 and 4.2 of the Safeguards Agreement. To this end, Articles 3 and 4.2 of the Safeguards Agreement are incorporated into and made part of this Agreement, mutatis mutandis.

Article 7.6. Dispute Settlement In Safeguard Measures Matters

A Party shall not request the establishment of a panel under Article 21.6 (Establishment of a Panel) regarding proposed safeguard measures.

Section B. Antidumping and Countervailing Duties

Article 7.7. Antidumping and Countervailing Duties

Relation to Other Agreements

1. (a) Except as provided in this Article, in respect of the application of antidumping and countervailing measures the Parties maintain their rights and obligations under the WTO Agreement, and disputes regarding any matter relating to those rights and obligations shall be settled under the WTO Agreement. 

(b) Except for paragraphs 2 and 4, this Agreement is not to be construed to impose rights or obligations on a Party with respect to antidumping or countervailing measures. A Party shall not have recourse to dispute settlement under this Agreement for a matter arising under this Article. (1)

Notification and Consultation

2. Upon receipt by a Party's competent authority of a properly documented antidumping or countervailing duty application in respect of imports from the other Party, and before initiating an investigation, that Party shall provide written notification to the other Party of its receipt of the application and afford the other Party a meeting or other similar opportunity regarding the application, consistent with that Party's domestic law. Lesser duty

3. (a) The Parties recognise the desirability of providing for the possibility of imposing antidumping or countervailing duties that are less than the full margin of dumping or amount of subsidy.

(b) In this regard:

(i) Korea shall apply its relevant domestic laws and regulations; and

(ii) Canada shall consider information provided in accordance with its domestic law as to whether imposing an antidumping or countervailing duty would not be in the public interest. After considering this information, the competent authority may consider whether the amount of the antidumping or countervailing duty to be imposed shall be the full margin of dumping or amount of subsidy, or a lesser amount that would be adequate to remove the injury to the domestic industry, in accordance with the domestic law of Canada.

Undertakings

4. (a) After the competent authority of a Party initiates an antidumping or countervailing duty investigation, that Party shall transmit to the other Party's embassy or competent authority written information regarding the Party's laws and procedures for requesting consideration by its authorities of an undertaking as described in the WTO Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 or the WTO Agreement on Subsidies and Countervailing Measures, including the time frames for offering and concluding any such undertaking.

(b) In an antidumping or countervailing duty investigation, where a Party's authority has made a preliminary affirmative determination of dumping or subsidisation and injury caused by that dumping or subsidisation, that Party shall afford due consideration, and adequate opportunity for consultations, to exporters of the other Party regarding proposed undertakings which, if accepted, may result in suspension of the investigation without imposition of antidumping or countervailing duties, through the means provided for in the Party's domestic laws and procedures.

(1) Although recourse to dispute settlement is not available with respect to paragraphs 2 and 4, the Parties affirm that those paragraphs create binding rights and obligations.

Section C. Committee on Trade Remedies

Article 7.8. Committee on Trade Remedies

1. The Parties hereby establish a Committee on Trade Remedies, composed of representatives at an appropriate level from relevant agencies of each Party who have responsibility for trade remedies matters, including antidumping, subsidies and countervailing measures, and safeguards issues.

2. The functions of the Committee, which operates on the basis of consensus in respect of all matters, are to:

(a) enhance each Party's knowledge and understanding of the other's domestic trade remedy laws, policies, and practices;

(b) oversee implementation of this Chapter, including compliance with Articles 7.7.2 and 7.7.4;

(c) improve cooperation between the Parties' agencies having responsibility for trade remedies matters;

(d) provide a forum for the Parties to exchange information on issues relating to trade remedies matters;

(e) establish and oversee the development of educational programs related to the administration of trade remedy law for officials of both Parties; and

(f) provide a forum for the Parties to discuss other relevant topics of mutual interest, including:

(i) international issues relating to trade remedies, including issues relating to international trade negotiations; and

(ii) practices by the Parties' competent authorities in antidumping and countervailing duty investigations, such as the application of "facts available" and verification procedures.

3. The Committee shall meet at least once a year and may meet more frequently as agreed by the Parties. 

Section D. Definitions

Article 7.9. Definitions

For the purposes of this Chapter:

competent investigating authority means:

(a) for Canada, the Canadian International Trade Tribunal; and

(b) for Korea, the Korea Trade Commission. or their respective successors;

domestic industry means the producers as a whole of the like or directly competitive good operating in the territory of a Party or producers whose collective production of the like or directly competitive good constitutes a major proportion of the total domestic production of those goods;

safeguard measure means a measure described in Article 7.2;

serious injury means a significant overall impairment of a domestic industry;

substantial cause means a cause that is important and not less important than any other cause;

threat of serious injury means serious injury that, on the basis of facts and not merely on allegation, conjecture, or remote possibility, is clearly imminent; and transition period means the period beginning on the date of entry into force of this Agreement and ending on the date that is the earliest of:

(a) 10 years after the end of the tariff elimination period for that good; or

(b) 15 years after the entry into force of this Agreement.

Chapter Eight. Investment

Section A. Investment

Article 8.1. Scope and Coverage

1. This Chapter applies to measures adopted or maintained by a Party relating to:

(a) investors of the other Party;

(b) covered investments; and

(c) with respect to Articles 8.8, 8.10, and 8.16, all investments in its territory.

2. For greater certainty, this Chapter does not apply to an act or fact that took place or a situation that ceased to exist before the date of entry into force of this Agreement.

3. For the purposes of this Chapter, measures adopted or maintained by a Party means measures adopted or maintained by:

(a) a national, sub-national, or local government and authority; or

(b) a non-governmental body of a Party in the exercise of powers delegated by a national, sub-national, or local government and authority of the Party.

Article 8.2. Relation to other Chapters

1. In the event of an inconsistency between this Chapter and another Chapter, the other Chapter prevails to the extent of the inconsistency.

2. A requirement by a Party that a service supplier of the other Party post a bond or other form of financial security as a condition of the cross-border supply of a service does not of itself make this Chapter applicable to measures adopted or maintained by the Party relating to such cross-border supply of the service. This Chapter applies to measures adopted or maintained by the Party relating to the posted bond or financial security to the extent that such bond or financial security is a covered investment.

3. This Chapter does not apply to measures adopted or maintained by a Party to the extent that they are covered by Chapter Ten (Financial Services).

Article 8.3. National Treatment

1. Each Party shall accord to investors of the other Party treatment no less favourable than that it accords, in like circumstances, to its own investors with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments in its territory.

2. Each Party shall accord to covered investments treatment no less favourable than that it accords, in like circumstances, to investments of its own investors with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments in its territory.

3. The treatment accorded by a Party under paragraphs 1 and 2 means, with respect to a sub-national government, treatment no less favourable than the most favourable treatment accorded, in like circumstances, by that sub-national government to investors, and to investments of investors, of the Party of which it forms a part.

Article 8.4. Most-favoured-nation Treatment  (1) (2) 

1. Each Party shall accord to investors of the other Party treatment no less favourable than that it accords, in like circumstances, to investors of a non-party with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments in its territory.

2. Each Party shall accord to covered investments treatment no less favourable than that it accords, in like circumstances, to investments of investors of a non-party with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments in its territory.

(1) For greater certainty, the treatment accorded by a Party under this Article means, with respect to a sub-national government, treatment accorded, in like circumstances, by that sub-national government to investors, and to investments of investors, of a non-party.
(2) For greater certainty, treatment "with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments" referred to in paragraphs 1 and 2 does not encompass Investor-State Dispute Settlement mechanisms, such as those in Section B of this Chapter that are provided for in international treaties or trade agreements.

Article 8.5. Minimum Standard of Treatment  (3)

1. Each Party shall accord to covered investments treatment in accordance with customary international law, including fair and equitable treatment and full protection and security.

2. For greater certainty, paragraph 1 prescribes the customary international law minimum standard of treatment of aliens as the minimum standard of treatment to be accorded to covered investments. The concepts of "fair and equitable treatment" and "full protection and security" in paragraph 1 do not require treatment in addition to or beyond that which is required by the customary international law minimum standard of treatment of aliens.

3. The obligation in paragraph 1 to provide:

(a) "fair and equitable treatment" includes the obligation not to deny justice in criminal, civil, or administrative adjudicatory proceedings in accordance with the principle of due process; and

(b) "full protection and security" requires each Party to provide the level of police protection required under customary international law.

4. A breach of another provision of this Agreement, or of a separate international agreement, does not establish a breach of this Article.

(3) This Article shall be interpreted in accordance with Annex 8-A.

Article 8.6. Compensation for Losses

1. Each Party shall accord to investors of the other Party, and to covered investments, non-discriminatory treatment with respect to measures it adopts or maintains relating to losses suffered by investments in its territory owing to armed conflict or civil strife.

2. Paragraph 1 does not apply to existing measures relating to subsidies or grants that would be inconsistent with Article 8.3, but for Article 8.9.5(b).

Article 8.7. Senior Management and Boards of Directors

1. A Party shall not require an enterprise of that Party, which is a covered investment, to appoint natural persons of a particular nationality to senior management positions.

2. A Party may require that a majority of the board of directors, or a committee, of an enterprise of that Party, which is a covered investment, be of a particular nationality, or resident in the territory of that Party, provided that the requirement does not materially impair the ability of the investor to exercise control over its investment.

Article 8.8. Performance Requirements

1. A Party shall not, in connection with the establishment, acquisition, expansion, management, conduct, or operation of an investment in its territory of an investor of a Party or of a non-party, impose or enforce a requirement or enforce a commitment or undertaking (4) :

(a) to export a given level or percentage of goods or services;

(b) to achieve a given level or percentage of domestic content;

(c) to purchase, use, or accord a preference to goods produced or services supplied in its territory, or to purchase goods or services from persons in its territory;

(d) to relate the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with that investment;

(e) to restrict sales of goods or services in its territory that the investment produces or supplies by relating those sales to the volume or value of its exports or foreign exchange earnings;

(f) to transfer technology, a production process, or other proprietary knowledge to a person in its territory; or

(g) to supply exclusively from the territory of the Party the goods that the investment produces or the services that it supplies to a specific regional market or to the world market.

2. A measure that requires an investment to use a technology to meet generally applicable health, safety, or environmental requirements is not to be construed to be inconsistent with paragraph 1(f). For greater certainty, Articles 8.3 and 8.4 apply to the measure.

3. A Party shall not make the receipt or continued receipt of an advantage, in connection with the establishment, acquisition, expansion, management, conduct, or operation of an investment in its territory of an investor of a Party or of a non-party, conditional on compliance with any of the following requirements:

(a) to achieve a given level or percentage of domestic content;

(b) to purchase, use, or accord a preference to goods produced in its territory, or to purchase goods from persons in its territory;

(c) to relate the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with that investment; or

(d) to restrict sales of goods or services in its territory that the investment produces or supplies by relating those sales to the volume or value of its exports or foreign exchange earnings.

4. Paragraph 3 is not to be construed to prevent a Party from making the receipt or continued receipt of an advantage, in connection with an investment in its territory of an investor of a Party or of a non-party, conditional on compliance with a requirement to locate production, supply a service, train or employ workers, construct or expand particular facilities, or carry out research and development, in its territory. (5)

5. Paragraph 1(f) does not apply: (a) if a Party authorises use of an intellectual property right pursuant to Article 31 of the TRIPS Agreement, or to measures requiring the disclosure of proprietary information that fall within the scope of, and are consistent with, Article 39 of the TRIPS Agreement; or

(b) if the requirement is imposed or the commitment or undertaking is enforced by a court, administrative tribunal, or competition authority to remedy a practice determined after judicial or administrative process to be anti-competitive under the Party's competition laws. (6)

6. The provisions of:

(a) paragraphs 1(b), (c), (f) and (g), and 3(a) and (b), do not apply to qualification requirements for goods or services with respect to export promotion and foreign aid programs;

(b) paragraphs 1(b), (c), (f) and (g), and 3(a) and (b), do not apply to procurement by a Party or a state enterprise; and

(c) paragraphs 3(a) and (b) do not apply to requirements imposed by an importing Party relating to the content of goods necessary to qualify for preferential tariffs or preferential quotas.

7. Paragraphs 1 and 3 do not apply to a commitment, undertaking, or requirement other than those set out in those paragraphs.

8. This Article does not preclude enforcement of a commitment, undertaking, or requirement between private parties, if a Party did not impose or require the commitment, undertaking, or requirement. For the purposes of this Article, private parties include designated monopolies or state enterprises, if such entities are not exercising delegated governmental authority.

(4) For greater certainty, a condition for the receipt or continued receipt of an advantage pursuant to paragraph 3 does not constitute a "commitment or undertaking" for the purposes of this paragraph.
(5) For greater certainty, paragraph 1 is not to be construed to prevent a Party, in connection with the establishment, acquisition, expansion, management, conduct, or operation of an investment of an investor of a Party or of a non-party in its territory, from imposing or enforcing a requirement or enforcing a commitment or undertaking to locate production, train or employ workers, or construct or expand particular facilities, in its territory, provided that such activity is consistent with paragraph 1(f).
(6) The Parties recognise that a patent does not necessarily confer market power. 

Article 8.9. Non-conforming Measures

1. Articles 8.3, 8.4, 8.7, and 8.8 do not apply to:

(a) an existing non-conforming measure that is maintained by:

(i) the national government of a Party, as set out in its Schedule to Annex I;

(ii) a sub-national government of a Party, as set out by that Party in its Schedule to Annex I (7) ; or

(iii) a local government of a Party (8);

(b) the continuation or prompt renewal of a non-conforming measure referred to in subparagraph (a); or

(c) an amendment to a non-conforming measure referred to in subparagraph (a) to the extent that the amendment does not diminish the conformity of the measure, with Articles 8.3, 8.4, 8.7 and 8.8, as it existed immediately before the amendment.

2. Articles 8.3, 8.4, 8.7, and 8.8 do not apply to a measure that a Party adopts or maintains with respect to sectors, sub-sectors, or activities, as set out in its Schedule to Annex II.

3. A Party shall not, under a measure adopted after the date of entry into force of this Agreement and set out in its Schedule to Annex II, require an investor of the other Party, by reason of its nationality, to sell or otherwise dispose of an investment existing at the time the measure becomes effective.

4. Articles 8.3 and 8.4 do not apply to a measure that is an exception to, or derogation from, the obligations under Article 16.6 (National Treatment) as specifically provided in that Article.

5. Articles 8.3, 8.4, and 8.7 do not apply to:

(a) procurement by a Party or a state enterprise; or

(b) subsidies or grants provided by a Party or a state enterprise, including government-supported loans, guarantees, and insurance.

(7) For the purposes of this Article, sub-national government does not include local government.
 (8) For Korea, local government means a local government as defined in the Local Autonomy Act.

Article 8.10. Investment and Environment

1. This Chapter is not to be construed to prevent a Party from adopting, maintaining, or enforcing a measure consistent with this Chapter that it considers appropriate to ensure that investment activity in its territory is undertaken in a manner sensitive to environmental concerns.

2. The Parties recognise that it is inappropriate to encourage investment by relaxing domestic health, safety, or environmental measures. Accordingly, a Party should not waive or otherwise derogate from, or offer to waive or otherwise derogate from, such measures as an encouragement for the establishment, acquisition, expansion, or retention in its territory of an investment of an investor. If a Party considers that the other Party has offered such an encouragement, that Party may request consultations with the other Party and the Parties shall consult with a view to avoiding any such encouragement.

Article 811. Expropriation and Compensation  (9)

1. A Party shall not expropriate or nationalise a covered investment, directly or indirectly, through a measure equivalent to expropriation or nationalisation (hereinafter referred to as "expropriation"), except:

(a) for a public purpose;

(b) in a non-discriminatory manner;

(c) in accordance with due process of law; and

(d) on payment of prompt, adequate, and effective compensation.

  • 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