Korea, Republic of - United States FTA (2007)
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1. The Parties affirm their commitment to the Declaration on the TRIPS Agreement and Public Health (WT/MIN(01)/DEC/2).

2. The Parties have reached the following understandings regarding this Chapter:

(a) The obligations of this Chapter do not and should not prevent a Party from taking measures to protect public health by promoting access to medicines for all, in particular concerning cases such as HIV/AIDS, tuberculosis, malaria, and other epidemics as well as circumstances of extreme urgency or national emergency. Accordingly, while reiterating their commitment to this Chapter, the Parties affirm that this Chapter can and should be interpreted and implemented in a manner supportive of each Party's right to protect public health and, in particular, to promote access to medicines for all.

(b) In recognition of the commitment to access to medicines that are supplied in accordance with the Decision of the General Council of 30 August 2003 on the Implementation of Paragraph Six of the Doha Declaration on the TRIPS Agreement and Public Health (WT/L/S40) and the WTO General Council Chairman's statement accompanying the Decision (JOB(03)/177, WT/GC/M/82) (collectively, the "TRIPS/health solution"), this Chapter does not and should not prevent the effective utilization of the TRIPSshealth solution.

(c) With respect to the aforementioned matters, if an amendment of the TRIPS Agreement enters into force with respect to the Parties and a Party's application of a measure in conformity with that amendment violates this Chapter, the Parties shall immediately consult in order to adapt this Chapter as appropriate in the light of the amendment.

Article 18.12. TRANSITIONAL PROVISIONS

1. Each Party shall give effect to this Chapter on the date this Agreement enters into force.

2. Notwithstanding paragraph 1, Korea shall fully implement the obligations of Article 18.4.4 within two years after the date this Agreement enters into force.

Chapter Nineteen. LABOR

Article 19.1. STATEMENT OF SHARED COMMITMENT

The Parties reaffirm their obligations as members of the International Labor Organization (ILO).

Article 19.2. FUNDAMENTAL LABOR RIGHTS

1. Each Party shall adopt and maintain in its statutes and regulations, and practices thereunder, the following rights, as stated in the LO Declaration on Fundamental Principles and Rights at Work and its Follow-Up (1998) (ILO Declaration): (1) (2)

(a) freedom of association; (b) the effective recognition of the right to collective bargaining; (c) the elimination of all forms of compulsory or forced labor;

(d) the effective abolition of child labor and, for purposes of this Agreement, a prohibition on the worst forms of child labor; and

(e) the elimination of discrimination in respect of employment and occupation.

2. Neither Party shall waive or otherwise derogate from, or offer to waive or otherwise derogate from, its statutes or regulations implementing paragraph 1 in a manner affecting trade or investment between the Parties, where the waiver or derogation would be inconsistent with a fundamental right set out in that paragraph.

(1) The obligations set out in Article 19.2, as they relate to the ILO, refer only to the ILO Declaration.
(2) To establish a violation of an obligation under Article 19.2.1 a Party must demonstrate that the other Party has failed to adopt or maintain a statute, regulation, or practice in a manner affecting trade or investment between the Parties.

Article 19.3. APPLICATION AND ENFORCEMENT OF LABOR LAWS

1. (a) Neither Party shall fail to effectively enforce its labor laws, including those it adopts or maintains in accordance with Article 19.2.1, through a sustained or recurring course of action or inaction, in a manner affecting trade or investment between the Parties, after the date this Agreement enters into force.

(b) A decision a Party makes on the distribution of enforcement resources shall not be a reason for not complying with the provisions of this Chapter. Each Party retains the right to the reasonable exercise of discretion and to bona fide decisions with regard to the allocation of resources between labor enforcement activities among the fundamental labor rights enumerated in Article 19.2.1, provided the exercise of such discretion and such decisions are not inconsistent with the obligations of this Chapter.(3)

2. For greater certainty, nothing in this Chapter shall be construed to empower a Party's authorities to undertake labor law enforcement activities in the territory of the other Party.

(3) For greater certainty, a Party retains the right to exercise reasonable enforcement discretion and to make bona fide decisions regarding the allocation of enforcement resources with respect to labor laws other than those relating to fundamental rights enumerated in Article 19.2.1.

Article 19.4. PROCEDURAL GUARANTEES AND PUBLIC AWARENESS

1. Each Party shall ensure that persons with a recognized interest under its law in a particular matter have appropriate access to tribunals for the enforcement of the Party's labor laws. Such tribunals may include administrative, quasi-judicial, judicial, or labor tribunals.

2. Each Party shall ensure that proceedings before such tribunals for the enforcement of its labor laws are fair, equitable, and transparent and, to this end, each Party shall ensure, in accordance with its law, that:

(a) such proceedings comply with due process of law;

(b) any hearings in such proceedings are open to the public, except where the administration of justice otherwise requires;

(c) the parties to such proceedings are entitled to support or defend their respective positions, including by presenting information or evidence;

(d) such proceedings do not entail unreasonable fees or time limits or unwarranted delays;

(e) final decisions on the merits of the case in such proceedings are: (i) in writing and state the reasons on which the decisions are based; (ii) made available without undue delay to the parties to the proceedings and, consistent with its law, to the public; and (iii) based on information or evidence in respect of which the parties were offered the opportunity to be heard;

(f) as appropriate, parties to such proceedings have the right to seek review and, where warranted, correction of decisions issued in such proceedings; and

(g) tribunals that conduct or review such proceedings are impartial and independent and do not have any substantial interest in the outcome of the matter.

3. Each Party shall provide that parties to such proceedings may seek remedies to ensure the enforcement of their rights under its labor laws.

4. Each Party shall promote public awareness of its labor laws, including by:

(a) ensuring that information related to its labor laws and enforcement and compliance procedures is publicly available; and

(b) encouraging education of the public regarding its labor laws.

Article 19.5. INSTITUTIONAL ARRANGEMENTS

1. The Parties hereby establish a Labor Affairs Council. The Council shall comprise appropriate senior officials from the labor ministry and other appropriate agencies or ministries of each Party.

2. The Council shall meet within the first year after the date this Agreement enters into force, and thereafter as necessary, to oversee the implementation of this Chapter, including activities of the Labor Cooperation Mechanism established under Article 19.6. Unless the Parties otherwise agree, each meeting of the Council shall include a session in which members of the Council have an opportunity to meet with the public to discuss matters related to the implementation of this Chapter.

3. Each Party shall designate an office within its labor ministry that shall serve as a contact point with the other Party and with the public for purposes of implementing this Chapter. Each Party's contact point shall provide for the submission, receipt, and consideration of communications from persons ofa Party on matters related to this Chapter and shall make such communications available to the other Party and the public. Each Party shall review such communications, as appropriate, in accordance with domestic procedures.

4. Each Party may convene a national labor advisory committee comprising members of its public, including representatives of its labor and business organizations and other persons, to advise it on the implementation of this Chapter.

5. Formal decisions of the Council shall be made public, unless the Council decides otherwise.

6. The Council may prepare reports on matters related to the implementation of this Chapter and shall make such reports public.

Article 19.6. LABOR COOPERATION

Recognizing that cooperation provides enhanced opportunities to promote respect for core labor standards embodied in the ILO Declaration and compliance with ILO Convention No. 182 Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (1999) (ILO Convention 182), and to further advance other  common commitments regarding labor matters, the Parties hereby establish a Labor Cooperation Mechanism, as set out in Annex 19-A.

Article 19.7. LABOR CONSULTATIONS

1. A Party may request consultations with the other Party regarding any matter arising under this Chapter by delivering a written request to the contact point the other Party has designated under Article 19.5.3. The request shall contain information that is specific and sufficient to enable the Party receiving the request to respond. Consultations shall commence promptly after a Party delivers a request for consultations to the other Party's contact point.

2. The Parties shall make every attempt to arrive at a mutually satisfactory resolution of the matter and may seek advice or assistance from any person or body they consider appropriate.

3. If the consultations fail to resolve the matter, either Party may request that the Council be convened to consider the matter by delivering a written request to the contact point of the other Party. The Council shall convene promptly and endeavor to resolve the matter expeditiously, including, where appropriate, by consulting governmental or other experts and having recourse to such procedures as good offices, conciliation, or mediation.

4. If the Parties have failed to resolve the matter within 60 days of the delivery of a request for consultations under paragraph 1, the complaining Party may request consultations under Article 22.7 (Consultations) or refer the matter to the Joint Committee pursuant to Article 22.8 (Referral to the Joint Committee) and, as provided in Chapter Twenty-Two (Institutional Provisions and Dispute Settlement), thereafter have recourse to the other provisions of that Chapter.

5. Neither Party may have recourse to dispute settlement under this Agreement for a matter arising under this Chapter without first seeking to resolve the matter in accordance with this Article.

Article 19.8. DEFINITIONS

For purposes of this Chapter:

labor laws means a Party's statutes and regulations, or provisions thereof, that are directly related to the following internationally recognized labor rights:

(a) freedom of association;

(b) the effective recognition of the right to collective bargaining;

(c) the elimination of all forms of forced or compulsory labor;

(d) the effective abolition of child labor, a prohibition on the worst forms of child labor, and other labor protections for children and minors;

(e) the elimination of discrimination in respect of employment and occupation; and

(f) acceptable conditions of work with respect to minimum wages, hours of work, (4) and occupational safety and health; and

statutes and regulations and statutes or regulations means:

(a) for Korea, acts of the National Assembly or regulations promulgated pursuant to acts of the National Assembly that are enforceable by action of the central level of government; and

(b) for the United States, acts of Congress or regulations promulgated pursuant to acts of Congress that are enforceable by action of the central level of government and, for purposes of this Chapter, includes the Constitution of the United States.

(4) For greater certainty, "hours of work" does not include paid annual leave or holidays.

Annex 19-A. LABOR COOPERATION MECHANISM

Establishment of a Labor Cooperation Mechanism

1. Recognizing that cooperation provides enhanced opportunities for the Parties to improve labor standards and to further advance common commitments with respect to labor matters, including the ILO Declaration and ILO Convention 182, the Parties have established a Labor Cooperation Mechanism under Article 19.6.

Principal Functions and Organization

2. The contact points established under Article 19.5.3 shall serve as the contact points for the Labor Cooperation Mechanism.

3. Officials of each Party's labor ministry and other appropriate agencies or ministries shall carry out the work of the Labor Cooperation Mechanism by cooperating to:

(a) establish priorities for cooperative activities on labor matters;

(b) develop specific cooperative activities in accord with such priorities;

(c) exchange information regarding labor law and practice in each Party;

(d) exchange information on ways to improve labor law and practice, including best labor practices;

(e) advance understanding of, respect for, and effective implementation of the principles reflected in the ILO Declaration and ILO Convention 182;

(f) review and compare which statutes or regulations, or provisions thereof, of each Party fall within the definition of "labor laws" in Article 19.8 to understand further the scope of each Party's laws falling within that definition; and

(g) develop recommendations, for consideration by the Council, of actions each Party may take.

Cooperative Activities

4. The Parties may undertake cooperative activities through the Labor Cooperation Mechanism on any labor matter they consider appropriate, including:

(a) fundamental rights and their effective application: legislation and practice related to the principles and rights contained in the ILO Declaration (freedom of association and the effective recognition of the right to collective bargaining, elimination of all forms of forced or compulsory labor, the effective abolition of child labor, and the elimination of discrimination in respect of employment and occupation);

(b) worst forms of child labor;

(c) social safety net programs: unemployment insurance and worker adjustment programs;

(d) working conditions: hours of work, minimum wages, and overtime; occupational safety and health; and prevention of and compensation for work-related injuries and illnesses;

(e) labor-management relations: forms of cooperation among workers, management, and government to ensure productive labor relations and contribute to efficiency and productivity in the workplace;

(f) labor statistics; and

(g) human resources development and life-long learning.

Implementation of Cooperative Activities

5. The Parties may carry out cooperative activities undertaken by the Labor Cooperation Mechanism through any form they consider appropriate, including, but not limited to:

(a) arranging study visits and other exchanges between government delegations, professionals, students, and specialists;

(b) exchanging information on standards, regulations, procedures, and best practices, including through the exchange of pertinent publications and monographs;

(c) organizing joint conferences, seminars, workshops, meetings, training sessions, and outreach and education programs;

(d) developing collaborative projects or demonstrations; and

(e) engaging in joint research projects, studies, and reports, including through engagement of independent experts with recognized expertise.

6. In identifying areas for labor cooperation, and in conducting cooperative activities, each Party shall seek the views and participation of its worker and employer representatives, as well as other members of the public.

Exchange of Letters

June 30, 2007

The Honorable Hyun Chong Kim Minister for Trade Seoul, Republic of Korea

Dear Minister Kim:

I have the honor to confirm the following understanding reached between the delegations of the United States of America and the Republic of Korea during the course of negotiations regarding Article 19.5.3 (Institutional Arrangements) of Chapter Nineteen (Labor) of the Free Trade Agreement between our two Governments signed this day:

For greater certainty:

Each Party may establish appropriate procedures, consistent with Article 19.5.3, for reviewing communications from persons of a Party on matters related to Chapter Nineteen. Article 19.5.3 does not require a Party to establish new procedures that duplicate existing channels for reviewing such communications. A Party may limit the scope of any new procedures it establishes to comply with Article 19.5.3 to communications on labor matters in the other Party's territory, provided that the Party has other procedures in place for reviewing communications on other matters related to Chapter Nineteen.

The Parties recognize that it is in their mutual interest not to pursue frivolous or meritless communications and for each Party to take into account when reviewing any communication whether: (1) the person submitting the communication or any other person has sought relief regarding the matter under pertinent domestic laws of the other Party; (2) the matter is pending before an international body; and (3) the communication is substantially similar to another recent communication regarding the matter.

I have the honor to propose that this letter and your letter in reply confirming that your Government shares this understanding shall constitute an integral part of the Free Trade Agreement.

Sincerely,

Susan C. Schwab

June 30, 2007

The Honorable Susan C. Schwab United States Trade Representative Washington, D.C.

Dear Ambassador Schwab:

I have the honor to acknowledge receipt of your letter of this date, which reads as follows:

I have the honor to confirm the following understanding reached between the delegations of the United States of America and the Republic of Korea during the course of negotiations regarding Article 19.5.3 of Chapter Nineteen (Labor) of the Free Trade Agreement between our two Governments signed this day:

For greater certainty:

Each Party may establish appropriate procedures, consistent with Article 19.5.3, for reviewing communications from persons of a Party on matters related to Chapter Nineteen. Article 19.5.3 does not require a Party to establish new procedures that duplicate existing channels for reviewing such communications. A Party may limit the scope of any new procedures it establishes to comply with Article 19.5.3 to communications on labor matters in the other Party's territory, provided that the Party has other procedures in place for reviewing communications on other matters related to Chapter Nineteen.

The Parties recognize that it is in their mutual interest not to pursue frivolous or meritless communications and for each Party to take into account when reviewing any communication whether: (1) the person submitting the communication or any other person has sought relief regarding the matter under pertinent domestic laws of the other Party; (2) the matter is pending before an international body; and (3) the communication is substantially similar to another recent communication regarding the matter.

I have the honor to propose that this letter and your letter in reply confirming that your Government shares this understanding shall constitute an integral part of the Free Trade Agreement.

T have the further honor to confirm that my Government shares this understanding and that your letter and this letter in reply shall constitute an integral part of the Free Trade Agreement.

Sincerely,

[SGN/]

Hyun Chong Kim

Chapter Twenty. ENVIRONMENT

Article 20.1. LEVELS OF PROTECTION

Recognizing the right of each Party to establish its own levels of environmental protection and its own environmental development priorities, and to adopt or modify accordingly its environmental laws and policies, each Party shall strive to ensure that those laws and policies provide for and encourage high levels of environmental protection and shall strive to continue to improve its respective levels of environmental protection, including through such environmental laws and policies.

Article 20.2. ENVIRONMENTAL AGREEMENTS

A Party shall adopt, maintain, and implement laws, regulations, and all other measures to fulfill its obligations under the multilateral environmental agreements listed in Annex 20- A ("covered agreements"). (1)(2)

(1) To establish a violation of Article 20.2 a Party must demonstrate that the other Party has failed to adopt, maintain, or implement laws, regulations, or other measures to fulfill an obligation under a covered agreement in a manner affecting trade or investment between the Parties.
(2) For purposes of Article 20.2: (1) "covered agreements" shall encompass those existing or future protocols, amendments, annexes, and adjustments under the relevant agreement to which both Parties are party; and (2) a Party's "obligations" shall be interpreted to reflect, inter alia, existing and future reservations, exemptions, and exceptions applicable to it under the relevant agreement.

Article 20.3. APPLICATION AND ENFORCEMENT OF ENVIRONMENTAL LAWS

1. (a) Neither Party shall fail to effectively enforce its environmental laws, and its laws, regulations, and other measures to fulfill its obligations under the covered agreements, through a sustained or recurring course of action or inaction, in a manner affecting trade or investment between the Parties, after the date this Agreement enters into force.

(b) (i) The Parties recognize that each Party retains the right to exercise prosecutorial discretion and to make decisions regarding the allocation of environmental enforcement resources with respect to other environmental laws determined to have higher priorities. Accordingly, the Parties understand that with respect to the enforcement of environmental laws and all laws, regulations, and other measures to fulfill a Party's obligations under the covered agreements, a Party is in compliance with subparagraph (a) where a course of action or inaction reflects a reasonable, articulable, bona fide exercise of such discretion, or results from a reasonable, articulable, bona fide decision regarding the allocation of such resources.

(ii) The Parties recognize the importance of the covered agreements. Accordingly, where a course of action or inaction relates to laws, regulations, and other measures to fulfill its obligations under covered agreements, that shall be relevant to a determination under clause (i) regarding whether an allocation of resources is reasonable and bona fide.

2. The Parties recognize that it is inappropriate to encourage trade or investment by weakening or reducing the protections afforded in its environmental laws. Accordingly, neither Party shall waive or otherwise derogate from, or offer to waive or otherwise derogate from, such laws in a manner that weakens or reduces the protections afforded in those laws in a manner affecting trade or investment between the Parties.

3. Paragraph 2 shall not apply where a Party waives or derogates from an environmental law pursuant to a provision in its environmental law providing for waivers or derogations, provided that the waiver or derogation is not inconsistent with the Party's obligations under a covered agreement.

4. For greater certainty, nothing in this Chapter shall be construed to empower a Party's authorities to undertake environmental law enforcement activities in the territory of the other Party.

Article 20.4. PROCEDURAL MATTERS

1. Each Party shall ensure that interested persons may request the Party’s competent authorities to investigate alleged violations of its environmental laws and shall give such requests due consideration, in accordance with its law.

2. Each Party shall ensure that judicial, quasi-judicial, or administrative proceedings are available under its law to provide sanctions or remedies for violations of its environmental laws and that persons with a recognized interest under its law in a particular matter have appropriate access to such proceedings.

(a) Each Party shall ensure in accordance with its law that such proceedings:

(i) are fair, equitable, and transparent and, to this end, comply with due process of law; and

(ii) are open to the public, except where the administration of justice otherwise requires.

(b) Each Party shall ensure that tribunals that conduct or review such proceedings are impartial and independent and do not have any substantial interest in the outcome of the matter.

3. Each Party shall provide persons with a recognized interest under its law in a particular matter effective access to sanctions or remedies for violations of its environmental laws, or for violations of a legal duty under its law relating to human health or the environment, which may include rights such as to:

(a) sue another person subject to its jurisdiction for damages;

(b) seek injunctive relief where a person suffers, or may suffer, loss, damage, or injury as a result of conduct by another person subject to its jurisdiction;

(c) seek sanctions or remedies such as monetary penalties, emergency closures, temporary suspension of activities, or orders to mitigate the consequences of such violations; or

(d) request, or where applicable request a tribunal to order, that Party's competent authorities to take appropriate action to enforce its environmental laws in order to protect the environment or to avoid environmental harm.

4. Each Party shall provide appropriate and effective sanctions or remedies for violations of its environmental laws that:

(a) take into consideration, as appropriate, the nature and gravity of the violation, any economic benefit the violator has derived from the violation, the economic condition of the violator, and other relevant factors; and

(b) may include administrative, civil, and criminal sanctions and remedies, such as compliance agreements, penalties, fines, imprisonment, injunctions, closure of facilities, and requirements to take remedial action or pay for damage to the environment including the cost of containing or cleaning up pollution.

  • Chapter   One INITIAL PROVISIONS AND 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 EXTENT OF OBLIGATIONS 1
  • Section   B General Definitions 1
  • Article   1.4 DEFINITIONS 1
  • Chapter   Two NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 1
  • Article   2.1 SCOPE AND COVERAGE 1
  • Section   A National Treatment 1
  • Article   2.2 NATIONAL TREATMENT 1
  • Article   2.3 ELIMINATION OF CUSTOMS DUTIES 1
  • Section   C Special Regimes 1
  • Article   2.4 WAIVER OF CUSTOMS DUTIES 1
  • Article   2.5 TEMPORARY ADMISSION OF GOODS 1
  • Article   2.6 GOODS RE-ENTERED AFTER REPAIR OR ALTERATION 1
  • Article   2.7 DUTY-FREE ENTRY OF COMMERCIAL SAMPLES OF NEGLIGIBLE VALUE AND PRINTED ADVERTISING MATERIALS 1
  • Section   D Non-Tariff Measures 1
  • Article   2.8 IMPORT AND EXPORT RESTRICTIONS 1
  • Article   2.9 IMPORT LICENSING 1
  • Article   2.10 ADMINISTRATIVE FEES AND FORMALITIES 2
  • Article   2.11 EXPORT DUTIES, TAXES, OR OTHER CHARGES 2
  • Article   2.12 ENGINE DISPLACEMENT TAXES 2
  • Section   E Other Measures 2
  • Article   2.13 DISTINCTIVE PRODUCTS 2
  • Section   F Institutional Provisions 2
  • Article   2 COMMITTEE ON TRADE IN GOODS 2
  • Section   G Definitions 2
  • Article   2.15 DEFINITIONS 2
  • Chapter   Three AGRICULTURE 2
  • Article   3.1 SCOPE AND COVERAGE 2
  • Article   3.2 ADMINISTRATION AND IMPLEMENTATION OF TARIFF-RATE QUOTAS 2
  • Article   3.3 AGRICULTURAL SAFEGUARD MEASURES 2
  • Article   3.4 COMMITTEE ON AGRICULTURAL TRADE 2
  • Article   3.5 DEFINITIONS 2
  • Chapter   Four TEXTILES AND APPAREL 2
  • Article   4.1 BILATERAL EMERGENCY ACTIONS 2
  • Article   4.2 RULES OF ORIGIN AND RELATED MATTERS 2
  • Article   4.3 CUSTOMS COOPERATION FOR TEXTILE OR APPAREL GOODS 3
  • Article   4.4 COMMITTEE ON TEXTILE AND APPAREL TRADE MATTERS 3
  • Article   4.5 DEFINITIONS for Purposes of this Chapter: 3
  • Chapter   Five PHARMACEUTICAL PRODUCTS AND MEDICAL DEVICES 3
  • Article   5.1 GENERAL PROVISIONS 3
  • Article   5.2 ACCESS TO INNOVATION 3
  • Article   5.3 TRANSPARENCY 3
  • Article   5.4 DISSEMINATION OF INFORMATION 3
  • Article   5.5 ETHICAL BUSINESS PRACTICES 3
  • Article   5.6 REGULATORY COOPERATION 3
  • Article   5.7 MEDICINES AND MEDICAL DEVICES COMMITTEE 3
  • Article   5.8 DEFINITIONS 3
  • Chapter   Six RULES OF ORIGIN AND ORIGIN PROCEDURES 3
  • Section   A Rules of Origin 3
  • Article   6.1 ORIGINATING GOODS  (1) 3
  • Article   6.2 REGIONAL VALUE CONTENT. 3
  • Article   6.3 VALUE OF MATERIALS 4
  • Article   6.4 FURTHER ADJUSTMENTS TO THE VALUE OF MATERIALS 4
  • Article   6.5 ACCUMULATION 4
  • Article   6.6 DE MINIMIS 4
  • Article   6.7 FUNGIBLE GOODS AND MATERIALS  (5) 4
  • Article   6.8 ACCESSORIES, SPARE PARTS, AND TOOLS 4
  • Article   6.9 SETS OF GOODS 4
  • Article   6.10 PACKAGING MATERIALS AND CONTAINERS FOR RETAIL SALE 4
  • Article   6.11 PACKING MATERIALS AND CONTAINERS FOR SHIPMENT 4
  • Article   6.12 INDIRECT MATERIALS 4
  • Article   6.13 TRANSIT AND TRANSSHIPMENT 4
  • Article   6.14 CONSULTATION AND MODIFICATION 4
  • Section   B Origin Procedures 4
  • Article   6.15 CLAIMS FOR PREFERENTIAL TARIFF TREATMENT 4
  • Article   6.16 WAIVER OF CERTIFICATION OR OTHER INFORMATION 4
  • Article   6.17 RECORD KEEPING REQUIREMENTS 4
  • Article   6.18 VERIFICATION 4
  • Article   6.19 OBLIGATIONS RELATING TO IMPORTATIONS 4
  • Article   6.20 OBLIGATIONS RELATING TO EXPORTATIONS 4
  • Article   6.21 COMMON GUIDELINES 4
  • Article   6.22 DEFINITIONS 4
  • Article   6.21 COMMON GUIDELINES 5
  • Article   6.22 DEFINITIONS 5
  • Chapter   Seven CUSTOMS ADMINISTRATION AND TRADE FACILITATION 5
  • Article   7.1 PUBLICATION 5
  • Article   7.2 RELEASE OF GOODS 5
  • Article   7.3 AUTOMATION 5
  • Article   7.4 RISK MANAGEMENT 5
  • Article   7.5 COOPERATION 5
  • Article   7.6 CONFIDENTIALITY 5
  • Article   7.7 EXPRESS SHIPMENTS 5
  • Article   7.8 REVIEW AND APPEAL 5
  • Article   7.9 PENALTIES 5
  • Article   7.10 ADVANCE RULINGS 5
  • Chapter   Eight SANITARY AND PHYTOSANITARY MEASURES 5
  • Article   8.1 SCOPE 5
  • Article   8.2 RIGHTS AND OBLIGATIONS OF THE PARTIES 5
  • Article   8.3 COMMITTEE ON SANITARY AND PHYTOSANITARY MATTERS 5
  • Article   8.4 DISPUTE SETTLEMENT 6
  • Chapter   Nine TECHNICAL BARRIERS TO TRADE 6
  • Article   9.1 AFFIRMATION OF TBT AGREEMENT 6
  • Article   9.2 SCOPE AND COVERAGE 6
  • Article   9.3 INTERNATIONAL STANDARDS 6
  • Article   9.4 JOINT COOPERATION 6
  • Article   9.5 CONFORMITY ASSESSMENT PROCEDURES 6
  • Article   9.6 TRANSPARENCY 6
  • Article   9.7 AUTOMOTIVE STANDARDS AND TECHNICAL REGULATIONS 6
  • Article   9.8 COMMITTEE ON TECHNICAL BARRIERS TO TRADE 6
  • Article   9.9 INFORMATION EXCHANGE 6
  • Article   9.10 DEFINITIONS 6
  • Chapter   Ten TRADE REMEDIES 6
  • Section   A Safeguard Measures 6
  • Article   10.1 APPLICATION OF a SAFEGUARD MEASURE 6
  • Article   10.2 CONDITIONS AND LIMITATIONS 6
  • Article   10.3 PROVISIONAL MEASURES 6
  • Article   10.4 COMPENSATION 6
  • Article   10.5 GLOBAL SAFEGUARD ACTIONS 6
  • Article   10.6 DEFINITIONS 6
  • Section   B Antidumping and Countervailing Duties 6
  • Article   10.7 ANTIDUMPING AND COUNTERVAILING DUTIES 6
  • Section   C Committee on Trade Remedies 6
  • Article   10.8 COMMITTEE ON TRADE REMEDIES 6
  • Chapter   Eleven INVESTMENT 7
  • Section   A Investment 7
  • Article   11.1 SCOPE AND COVERAGE 7
  • Article   11.2 RELATION TO OTHER CHAPTERS 7
  • Article   11.3 NATIONAL TREATMENT 7
  • Article   11.4 MOST-FAVORED-NATION TREATMENT 7
  • Article   11.5 MINIMUM STANDARD OF TREATMENT!  (1) 7
  • Article   11.6 EXPROPRIATION AND COMPENSATION  (2) 7
  • Article   11.7 TRANSFERS  (3) 7
  • Article   11.8 PERFORMANCE REQUIREMENTS 7
  • Article   11.9 SENIOR MANAGEMENT AND BOARDS OF DIRECTORS 7
  • Article   11.10 INVESTMENT AND ENVIRONMENT 7
  • Article   11.11 DENIAL OF BENEFITS 7
  • Article   11.12 NON-CONFORMING MEASURES 7
  • Article   11.13 SPECIAL FORMALITIES AND INFORMATION REQUIREMENTS 7
  • Article   11.14 SUBROGATION 7
  • Section   B Investor-State Dispute Settlement 7
  • Article   11.15 CONSULTATION AND NEGOTIATION 7
  • Article   11.16 SUBMISSION OF a CLAIM TO ARBITRATION 7
  • Article   11.17 CONSENT OF EACH PARTY TO ARBITRATION 8
  • Article   11.18 CONDITIONS AND LIMITATIONS ON CONSENT OF EACH PARTY 8
  • Article   11.19 SELECTION OF ARBITRATORS 8
  • Article   11.20 CONDUCT OF THE ARBITRATION 8
  • Article   11.21 TRANSPARENCY OF ARBITRAL PROCEEDINGS 8
  • Article   11.22 GOVERNING LAW 8
  • Article   11.23 INTERPRETATION OF ANNEXES 8
  • Article   11.24 EXPERT REPORTS 8
  • Article   11.25 CONSOLIDATION 8
  • Article   11.26 AWARDS 8
  • Article   11.27 SERVICE OF DOCUMENTS 8
  • Article   11.27 SERVICE OF DOCUMENTS 9
  • Section   C Definitions 9
  • Article   11.28 DEFINITIONS 9
  • Annex 11-A  CUSTOMARY INTERNATIONAL LAW 9
  • Annex 11-B  EXPROPRIATION 9
  • Annex 11-C  SERVICE OF DOCUMENTS ON A PARTY UNDER SECTION B 9
  • Annex 11-D  POSSIBILITY OF A BILATERAL APPELLATE MECHANISM 9
  • Annex 11-E  SUBMISSION OF A CLAIM TO ARBITRATION 9
  • Annex 11-F  TAXATION AND EXPROPRIATION 9
  • Annex 11-G  TRANSFERS 9
  • Exchange of Letters 9
  • Chapter   Twelve CROSS-BORDER TRADE IN SERVICES 9
  • Article   12.1 SCOPE AND COVERAGE 9
  • Article   12.2 NATIONAL TREATMENT 10
  • Article   12.3 MOST-FAVORED-NATION TREATMENT  (4) 10
  • Article   12.4 MARKET ACCESS 10
  • Article   12.5 LOCAL PRESENCE 10
  • Article   12.6 NON-CONFORMING MEASURES 10
  • Article   12.7 DOMESTIC REGULATION 10
  • Article   12.8 TRANSPARENCY IN DEVELOPING AND APPLYING REGULATIONS  (8) 10
  • Article   12.9 RECOGNITION 10
  • Article   12.10 PAYMENTS AND TRANSFERS  (9) 10
  • Article   12.11 DENIAL OF BENEFITS 10
  • Article   12.12 SPECIFIC COMMITMENTS 10
  • Article   12.13 DEFINITIONS 10
  • Exchange of Letters 10
  • Chapter   Thirtheen FINANCIAL SERVICES 10
  • Article   13.1 SCOPE AND COVERAGE 10
  • Article   13.2 NATIONAL TREATMENT 11
  • Article   13.3 MOST-FAVORED-NATION TREATMENT 11
  • Article   13.4 MARKET ACCESS FOR FINANCIAL INSTITUTIONS 11
  • Article   13.5 CROSS-BORDER TRADE 11
  • Article   13.6 NEW FINANCIAL SERVICES  (2) 11
  • Article   13.7 TREATMENT OF CERTAIN INFORMATION 11
  • Article   13.8 SENIOR MANAGEMENT AND BOARDS OF DIRECTORS 11
  • Article   13.9 NON-CONFORMING MEASURES 11
  • Article   13.10 EXCEPTIONS 11
  • Article   13.11 TRANSPARENCY 11
  • Article   13.12 SELF-REGULATORY ORGANIZATIONS  (8) 11
  • Article   13.13 PAYMENT AND CLEARING SYSTEMS 11
  • Article   13.14 RECOGNITION 11
  • Article   13.15 SPECIFIC COMMITMENTS 11
  • Article   13.16 FINANCIAL SERVICES COMMITTEE 11
  • Article   13.17 CONSULTATIONS 11
  • Article   13.18 DISPUTE SETTLEMENT 11
  • Article   13.19 INVESTMENT DISPUTES IN FINANCIAL SERVICES 11
  • Article   13.20 DEFINITIONS 11
  • Annex 13-A  CROSS-BORDER TRADE 12
  • Annex 13-B  SPECIFIC COMMITMENTS 12
  • Section   A PORTFOLIO MANAGEMENT 12
  • Section   B TRANSFER OF INFORMATION 12
  • Section   C PERFORMANCE OF FUNCTIONS 12
  • Section   D TRANSPARENCY 12
  • Section   E INSURANCE COMPLAINT METHODS AND PROCEDURES 12
  • Section   F SECTORAL COOPERATIVES SELLING INSURANCE 12
  • Section   G SUPERVISORY COOPERATION 12
  • Section   H GOVERNMENT PROCUREMENT 12
  • Section   I EXPEDITED AVAILABILITY OF INSURANCE 12
  • Annex 13-C  FINANCIAL SERVICES COMMITTEE 12
  • Chapter   Fourteen TELECOMMUNICATIONS 12
  • Article   14.1 SCOPE AND COVERAGE 12
  • Section   A Access to and Use of Public Telecommunications Networks and Services 12
  • Article   14.2 ACCESS AND USE 12
  • Section   B Suppliers of Public Telecommunications Services 12
  • Article   14.3 OBLIGATIONS RELATING TO SUPPLIERS OF PUBLIC TELECOMMUNICATIONS SERVICES  (2) 12
  • Article   14.5 COMPETITIVE SAFEGUARDS 13
  • Article   14.6 RESALE 13
  • Article   14.7 UNBUNDLING OF NETWORK ELEMENTS 13
  • Article   14.8 INTERCONNECTION 13
  • Article   14.9 PROVISIONING AND PRICING OF LEASED CIRCUITS SERVICES  (6) 13
  • Article   14.10 CO-LOCATION 13
  • Article   14.11 ACCESS TO POLES, DUCTS, CONDUITS, AND RIGHTS-OF-WAY 13
  • Section   D Other Measures 13
  • Article   14.12 SUBMARINE CABLE SYSTEMS 13
  • Article   14.13 CONDITIONS FOR THE SUPPLY OF VALUE-ADDED SERVICES 13
  • Article   14.14 INDEPENDENT REGULATORY BODIES 13
  • Article   14.15 UNIVERSAL SERVICE 13
  • Article   14.16 LICENSING PROCESS 13
  • Article   14.17 ALLOCATION AND USE OF SCARCE RESOURCES 13
  • Article   14.18 ENFORCEMENT 13
  • Article   14.19 RESOLUTION OF TELECOMMUNICATIONS DISPUTES  (12) 13
  • Article   14.20 TRANSPARENCY 13
  • Article   14.21 MEASURES CONCERNING TECHNOLOGIES AND STANDARDS  (15) 13
  • Article   14.22 FORBEARANCE 13
  • Article   14.23 RELATION TO OTHER CHAPTERS 13
  • Article   14.24 DEFINITIONS 13
  • Chapter   Fifteen ELECTRONIC COMMERCE 14
  • Article   15.1 GENERAL 14
  • Article   15.2 ELECTRONIC SUPPLY OF SERVICES 14
  • Article   15.3 DIGITAL PRODUCTS 14
  • Article   15.4 ELECTRONIC AUTHENTICATION AND ELECTRONIC SIGNATURES 14
  • Article   15.5 ONLINE CONSUMER PROTECTION 14
  • Article   15.6 PAPERLESS TRADING 14
  • Article   15.7 PRINCIPLES ON ACCESS TO AND USE OF THE INTERNET FOR ELECTRONIC COMMERCE 14
  • Article   15.8 CROSS-BORDER INFORMATION FLOWS 14
  • Article   15.9 DEFINITIONS 14
  • Chapter   Sixteen COMPETITION-RELATED MATTERS 14
  • Article   16.1 COMPETITION LAW AND ANTICOMPETITIVE BUSINESS CONDUCT 14
  • Article   16.2 DESIGNATED MONOPOLIES 14
  • Article   16.3 STATE ENTERPRISES 14
  • Article   16.4 DIFFERENCES IN PRICING 14
  • Article   16.5 TRANSPARENCY 14
  • Article   16.6 CROSS-BORDER CONSUMER PROTECTION 14
  • Article   16.7 CONSULTATIONS 14
  • Article   16.8 DISPUTE SETTLEMENT 14
  • Article   16.9 DEFINITIONS 14
  • Chapter   Seventeen GOVERNMENT PROCUREMENT 14
  • Article   17.1 GENERAL PROVISIONS 14
  • Article   17.2 SCOPE AND COVERAGE 14
  • Article   17.3 INCORPORATION OF GPA PROVISIONS 15
  • Article   17.4 GENERAL PRINCIPLES 15
  • Article   17.5 CONDITIONS FOR PARTICIPATION 15
  • Article   17.6 PUBLICATION OF NOTICES 15
  • Article   17.7 TECHNICAL SPECIFICATIONS 15
  • Article   17.8 TIME-PERIODS 15
  • Article   17.9 MODIFICATIONS AND RECTIFICATIONS TO COVERAGE 15
  • Article   17.10 GOVERNMENT PROCUREMENT WORKING GROUP 15
  • Article   17.11 DEFINITIONS 15
  • Chapter   Eighteen INTELLECTUAL PROPERTY RIGHTS 15
  • Article   18.1 GENERAL PROVISIONS 15
  • Article   18.2 TRADEMARKS INCLUDING GEOGRAPHICAL INDICATIONS 16
  • Article   18.3 DOMAIN NAMES ON THE INTERNET 16
  • Article   18.4 COPYRIGHT AND RELATED RIGHTS 16
  • Article   18.5 COPYRIGHT 16
  • Article   18.6 RELATED RIGHTS 16
  • Article   18.7 PROTECTION OF ENCRYPTED PROGRAM-CARRYING SATELLITE AND CABLE SIGNALS 16
  • Article   18.8 PATENTS 16
  • Article   18.9 MEASURES RELATED TO CERTAIN REGULATED PRODUCTS 17
  • Article   18.10 ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS 17
  • Article   18.11 UNDERSTANDINGS REGARDING CERTAIN PUBLIC HEALTH MEASURES 17
  • Article   18.11 UNDERSTANDINGS REGARDING CERTAIN PUBLIC HEALTH MEASURES 18
  • Article   18.12 TRANSITIONAL PROVISIONS 18
  • Chapter   Nineteen LABOR 18
  • Article   19.1 STATEMENT OF SHARED COMMITMENT 18
  • Article   19.2 FUNDAMENTAL LABOR RIGHTS 18
  • Article   19.3 APPLICATION AND ENFORCEMENT OF LABOR LAWS 18
  • Article   19.4 PROCEDURAL GUARANTEES AND PUBLIC AWARENESS 18
  • Article   19.5 INSTITUTIONAL ARRANGEMENTS 18
  • Article   19.6 LABOR COOPERATION 18
  • Article   19.7 LABOR CONSULTATIONS 18
  • Article   19.8 DEFINITIONS 18
  • Annex 19-A  LABOR COOPERATION MECHANISM 18
  • Exchange of Letters 18
  • Chapter   Twenty ENVIRONMENT 18
  • Article   20.1 LEVELS OF PROTECTION 18
  • Article   20.2 ENVIRONMENTAL AGREEMENTS 18
  • Article   20.3 APPLICATION AND ENFORCEMENT OF ENVIRONMENTAL LAWS 18
  • Article   20.4 PROCEDURAL MATTERS 18
  • Article   20.5 MECHANISMS TO ENHANCE ENVIRONMENTAL PERFORMANCE 19
  • Article   20.6 INSTITUTIONAL ARRANGEMENTS 19
  • Article   20.7 OPPORTUNITIES FOR PUBLIC PARTICIPATION 19
  • Article   20.8 ENVIRONMENTAL COOPERATION 19
  • Article   20.9 ENVIRONMENTAL CONSULTATIONS AND PANEL PROCEDURE 19
  • Article   20.10 RELATION TO MULTILATERAL ENVIRONMENTAL AGREEMENTS 19
  • Article   20.11 DEFINITIONS 19
  • Annex 20-A  COVERED AGREEMENTS 19
  • Exchange of Letters 19
  • Chapter   Twenty-One TRANSPARENCY 19
  • Article   21.1 PUBLICATION 19
  • Article   21.2 PROVISION OF INFORMATION 19
  • Article   21.3 ADMINISTRATIVE PROCEEDINGS 19
  • Article   21.4 REVIEW AND APPEAL 19
  • Article   21.5 POLICY ON PRIVATE PURCHASES 19
  • Article   21.5 POLICY ON PRIVATE PURCHASES 19
  • Article   21.6 ANTI-CORRUPTION 20
  • Article   21.7 DEFINITIONS 20
  • Chapter   Twenty-Two INSTITUTIONAL PROVISIONS AND DISPUTE SETTLEMENT 20
  • Section   A Institutional Provisions and Administration 20
  • Article   22.1 CONTACT POINTS 20
  • Article   22.2 JOINT COMMITTEE 20
  • Section   B Dispute Settlement Proceedings 20
  • Article   22.3 COOPERATION 20
  • Article   22.4 SCOPE OF APPLICATION 20
  • Article   22.5 ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS 20
  • Article   22.6 CHOICE OF FORUM 20
  • Article   22.7 CONSULTATIONS 20
  • Article   22.8 REFERRAL TO THE JOINT COMMITTEE 20
  • Article   22.9 ESTABLISHMENT OF PANEL  (3) 20
  • Article   22.10 RULES OF PROCEDURE 20
  • Article   22.11 PANEL REPORT 20
  • Article   22.12 IMPLEMENTATION OF THE FINAL REPORT 20
  • Article   22.13 NON-IMPLEMENTATION 20
  • Article   22.14 COMPLIANCE REVIEW 20
  • Article   22.15 FIVE-YEAR REVIEW 20
  • Section   C Domestic Proceedings and Private Commercial Dispute Settlement 20
  • Article   22.16 PRIVATE RIGHTS 20
  • Article   22.17 ALTERNATIVE DISPUTE RESOLUTION 20
  • Chapter   Twenty-Three EXCEPTIONS 20
  • Article   23.1 GENERAL EXCEPTIONS 20
  • Article   23.2 ESSENTIAL SECURITY 20
  • Article   23.3 TAXATION 21
  • Article   23.4 DISCLOSURE OF INFORMATION 21
  • Chapter   Twenty-Four FINAL PROVISIONS 21
  • Article   24.1 ANNEXES, APPENDICES, AND FOOTNOTES 21
  • Article   24.2 AMENDMENTS 21
  • Article   24.3 AMENDMENT OF THE WTO AGREEMENT 21
  • Article   24.4 ACCESSION 21
  • Article   24.5 ENTRY INTO FORCE AND TERMINATION 21
  • Article   24.6 AUTHENTIC TEXT 21
  • Annex I  EXPLANATORY NOTES 21
  • Annex I  SCHEDULE OF KOREA 21
  • Annex I  SCHEDULE OF THE UNITED STATES 25
  • Appendix I-A  Illustrative list of U.S. regional non-conforming measures (1) 26
  • Appendix I-A  Illustrative list of U.S. regional non-conforming measures  (2) 26
  • Annex II  EXPLANATORY NOTES 26
  • Annex II  SCHEDULE OF KOREA 26
  • Appendix II-A  Korea 28
  • Annex II  Schedule of the United States 28
  • Appendix II-A  United States 29