Korea, Republic of - United States FTA (2007)
Previous page Next page

A terrestrial broadcaster providing programming in the following genres must include the following percentage of Korean content in its annual programming:

(a) Animation: 45 percent of the broadcaster's annual animation programming hours;

(b) Movies: 25 percent of the broadcaster's annual movie programming hours; and

(c) Music: 60 percent of the broadcaster's annual music programming hours.

A cable system operator, satellite broadcasting operator or program provider providing at least some music programming must include Korean content in 60 percent of its annual music programming hours, per channel.

No later than the date this Agreement enters into force, Korea shall not require a cable system operator, satellite broadcasting operator, or program provider providing at least some animation or movie programming to provide a percentage of Korean content in its annual programming hours, per channel, that is greater than:

(a) Animation: 30 percent of the broadcaster's annual animation programming hours; and

(b) Movies: 20 percent of the broadcaster's annual movie programming hours.

Certain separate content quota requirements apply to a broadcaster specialized in religious programming or education programming, or to a terrestrial digital multimedia broadcasting (DMB) operator. A satellite DMB operator is subject to content quota requirements applied to a satellite broadcasting operator.

No later than the date this Agreement enters into force, Korea shall permit no less than 80 percent of a terrestrial broadcaster's, cable system operator's, satellite broadcasting operator's, or program provider's quarterly programming hours of foreign content per genre to be foreign content of a single country (single-country content ceiling).

For purposes of this entry:

(a) program provider engaged in jong-hap- pyeon-sung (multi-genre programming) means a program provider that offers a combination of news, entertainment, drama, movies, music programming, etc.;

(b) deemed foreign person means a juridical person organized under Korean law in which a foreign government or a foreign person holds in the aggregate more than 50 percent of the juridical person's total issued stocks or equity interest, or whose largest shareholder is a foreign government or a foreign person; and

(c) a "satellite broadcasting operator" includes an operator that uses or leases capacity on a satellite registered in a foreign country.

Sector: Energy Industry - Electric Power Generation Other Than Nuclear Power Generation; Electric Power Transmission, Distribution and Sales

Obligations Concerned: National Treatment (Article 11.3) (1)

Measures: Securities and Exchange Act (Law No. 8315, March 29, 2007), Article 203

Enforcement Decree of the Securities and Exchange Act (Presidential Decree No. 19806, December 29, 2006), Article 87-2

Foreign Investment Promotion Act (Law No. 8380, April 11, 2007), Articles 4 and 5

Enforcement Decree of the Foreign Investment Promotion Act, (Presidential Decree No. 19826, January 5, 2007), Article 5

Consolidated Public Notice for Foreign Investment (No. 2007-69, February 28, 2007, Ministry of Commerce, Industry and Energy), Appendix 1

Notice of Ministry of Finance and Economy (No. 2000-17, September 28, 2000)

Regulation on Supervision of Securities Business (Financial Supervisory Commission Notice No. 2007-3, January 19, 2007), Sec. 7-6

Description: Investment

The aggregate foreign share of KEPCO's issued stocks may not exceed 40 percent. A foreign person may not become the largest shareholder of KEPCO.

The aggregate foreign share of power generation facilities, including cogeneration facilities of heat and power (GHP) for the district heating system (DHS), may not exceed 30 percent of the total facilities in the territory of Korea.

The aggregate foreign share of electric power transmission, distribution and sales businesses should be less than 50 percent. A foreign person may not be the largest shareholder.

(1) Paragraph (a) of the eighth entry of Korea's Schedule to Annex II does not apply to this entry.

Sector: Energy Industry - Gas Industry

Obligations Concerned: National Treatment (Article 11.3) (2)

Measures: Act on the Improvement of Managerial Structure and Privatization of Public Enterprises (Law No. 8050, October 4, 2006), Article 19

Securities and Exchange Act (Law No. 8315, March 29, 2007), Article 203

Foreign Investment Promotion Act (Law No. 8380, April 11, 2007), Articles 4 and 5

Articles of Incorporation of the Korea Gas Corporation (March 26, 2007), Article 11

Description: Investment

Foreign persons, in the aggregate, may not own more than 30 percent of the equity of KOGAS.

(2) Paragraph (a) of the eighth entry of Korea's Schedule to Annex II does not apply to this entry.

Sector: Recreational, Cultural, and Sporting Services - Motion Picture Projection Services

Obligations Concerned: Performance Requirements (Article 11.8) Market Access (Article 12.4)

Measures: Act on Promotion of Motion Pictures and Video Products (Law No. 8280, January 26, 2007), Articles 2, 27, and 40

Enforcement Decree of the Act on Promotion of Motion Pictures and Video Products (Presidential Decree No. 19714, October 26, 2006), Article 19

Description: Cross-Border Trade in Services and Investment

Cinema operators must project Korean motion pictures for at least 73 days per year at each screen in Korea.

Annex I. SCHEDULE OF THE UNITED STATES

Sector: Atomic Energy

Obligations Concerned: National Treatment (Article 11.3)

Level of Government: Central Measures: Atomic Energy Act of 1954, 42 U.S.C. §§ 2011 et seq. Description: Investment

A license issued by the United States Nuclear Regulatory Commission is required for any person in the United States to transfer or receive in interstate commerce, manufacture, produce, transfer, use, import, or export any nuclear "utilization or production facilities" for commercial or industrial purposes. Such a license may not be issued to any entity known or believed to be owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government (42 U.S.C. § 2133(d)). A license issued by the United States Nuclear Regulatory Commission is also required for nuclear "utilization and production facilities," for use in medical therapy, or for research and development activities. The issuance of such a license to any entity known or believed to be owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government is also prohibited (42 U.S.C. § 2134(d)).

Sector: Business Services

Obligations Concerned: National Treatment (Article 12.2) Local Presence (Article 12.5)

Level of Government: Central

Measures: Export Trading Company Act of 1982, 15 U.S.C. §§ 4011- 4021 15 C.F.R. Part 325

Description: Cross-Border Services

Title II of the Export Trading Company Act of 1982 authorizes the Secretary of Commerce to issue "certificates of review" with respect to export conduct. The Act provides for the issuance of a certificate of review where the Secretary determines, and the Attorney General concurs, that the export conduct specified in an application will not have the anticompetitive effects proscribed by the Act. A certificate of review limits the liability under federal and state antitrust laws in engaging in the export conduct certified.

Only a "person" as defined by the Act can apply for a certificate of review. "Person" means "an individual who is a resident of the United States; a partnership that is created under and exists pursuant to the laws of any State or of the United States; a State or local government entity; a corporation, whether organized as a profit or nonprofit corporation, that is created under and exists pursuant to the laws of any State or of the United States; or any association or combination, by contract or other arrangement, between such persons."

A foreign national or enterprise may receive the protection provided by a certificate of review by becoming a "member" of a qualified applicant. The regulations define "member" to mean "an entity (U.S. or foreign) that is seeking protection under the certificate with the applicant. A member may be a partner in a partnership or a joint venture; a shareholder of a corporation; or a participant in an association, cooperative, or other form of profit or nonprofit organization or relationship, by contract or other arrangement."

Sector: Business Services

Obligations Concerned: National Treatment (Article 12.2) Local Presence (Article 12.5)

Level of Government: Central

Measures: Export Administration Act of 1979, as amended, 50 U.S.C. App. §§ 2401-2420

International Emergency Economic Powers Act, 50 U.S.C. §§ 1701-1706

Export Administration Regulations, 15 C.F.R. Parts 730 - 774

Description: Cross-Border Services

With some limited exceptions, exports and re-exports of commodities, software, and technology subject to the Export Administration Regulations require a license from the Bureau of Industry and Security, U.S. Department of Commerce (BIS). Certain activities of U.S. persons, wherever located, also require a license from BIS. An application for a license must be made by a person in the United States.

In addition, release of controlled technology to a foreign national in the United States is deemed to be an export to the home country of the foreign national and requires the same written authorization from BIS as an export from the territory of the United States.

Sector: Mining and Pipeline Transportation

Obligations Concerned:National Treatment (Article 11.3) Most-Favored-Nation Treatment (Article 11.4)

Level of Government: Central

Measures: Mineral Lands Leasing Act of 1920, 30 U.S.C. §§ 181 and 185(a) 10 U.S.C. § 7435

Description: Investment

Under the Mineral Lands Leasing Act of 1920, aliens and foreign corporations may not acquire rights-of-way for oil or gas pipelines, or pipelines carrying products refined from oil and gas, across on-shore federal lands or acquire leases or interests in certain minerals on on-shore federal lands, such as coal or oil. Non-U.S. citizens may own a 100 percent interest in a domestic corporation that acquires a right-of-way for oil or gas pipelines across on-shore federal lands, or that acquires a lease to develop mineral resources on on-shore federal lands, unless the foreign investor's home country denies similar or like privileges for the mineral or access in question to U.S. citizens or corporations, as compared with the privileges it accords to its own citizens or corporations or to the citizens or corporations of other countries (30 U.S.C. §§ 181, 185(a)).

Nationalization is not considered to be denial of similar or like privileges.

Foreign citizens, or corporations controlled by them, are restricted from obtaining access to federal leases on Naval Petroleum Reserves if the laws, customs, or regulations of their country deny the privilege of leasing public lands to citizens or corporations of the United States (10 U.S.C. § 7435).

Sector: All Sectors

Obligations Concerned: National Treatment (Article 11.3) Most-Favored-Nation Treatment (Article 11.4)

Level of Government: Central

Measures: 22 U.S.C. §§ 2194 and 2198(c)

Description: Investment

The Overseas Private Investment Corporation (OPIC) insurance and loan guarantees are not available to certain aliens, foreign enterprises, or foreign-controlled domestic enterprises.

The United States recognizes that, as of the date of entry into force of this Agreement, OPIC may make arrangements with the Korea Export Insurance Corporation or the Multilateral Investment Guarantee Agency for sharing liabilities assumed under investment insurance, as provided in 22 U.S.C. § 2194, and that Korea is therefore eligible for Most-Favored-Nation treatment under this entry.

Sector: Air Transportation

Obligations Concerned: National Treatment (Article 11.3) Most-Favored-Nation Treatment (Article 11.4) Senior Management and Boards of Directors (Article 11.9)

Level of Government: Central

Measures: 49 U.S.C. Subtitle VI, Aviation Programs 14C.F R. Part 297 (foreign freight forwarders); 14 C.F.R. Part 380, Subpart E (registration of foreign (passenger) charter operators)

Description: Investment

Only air carriers that are "citizens of the United States" may operate aircraft in domestic air service (cabotage) and may provide international scheduled and non-scheduled air service as U.S. air carriers.

USS. citizens also have blanket authority to engage in indirect air transportation activities (air freight forwarding and passenger charter activities other than as actual operators of the aircraft). In order to conduct such activities, non-US. citizens must obtain authority from the Department of Transportation. Applications for such authority may be rejected for reasons relating to the failure of effective reciprocity, or if the Department of Transportation finds that it is in the public interest to do so.

Under 49 U.S.C. § 40102(a)(15), a citizen of the United States means an individual who is a U.S. citizen; a partnership in which each member is a U.S. citizen; ora USS. corporation of which the president and at least two- thirds of the board of directors and other managing officers are U.S. citizens, which is under the actual control of U.S. citizens, and in which at least seventy-five percent of the voting interest in the corporation is owned or controlled by US. citizens.

Sector: Specialty Air Services

Obligations Concerned: National Treatment (Articles 11.3 and 12.2) Most-Favored-Nation Treatment (Articles 11.4 and 12.3) Senior Management and Boards of Directors (Article 11.9)

Level of Government: Central

Measures: 49 U.S.C., Subtitle VII, Aviation Programs 49 U.S.C. § 41703 14CFR. Part 375

Description: Cross-Border Services and Investment

"Foreign civil aircraft" require authority from the Department of Transportation to conduct specialty air services in the territory of the United States.(*) In determining whether to grant a particular application, the Department considers, among other factors, the extent to which the country of the applicant's nationality accords U.S. civil aircraft operators effective reciprocity. "Foreign civil aircraft" are aircraft of foreign registry or aircraft of U.S. registry that are owned, controlled, or operated by persons who are not citizens or permanent residents of the United States (14 C-F.R. § 375.1). Under 49 U.S.C. § 40102(a)(15), a citizen of the United States means an individual who is a U.S. citizen; a partnership in which each member is a U.S. citizen; or a U.S. corporation of which the president and at least two-thirds of the board of directors and other managing officers are U.S. citizens, which is under the actual control of U.S. citizens, and in which at least seventy-five percent of the voting interest in the corporation is owned or controlled by U.S. citizens.

*A person of Korea will be able to obtain such an authorization if Korea accepts the definition of specialty air services in Chapter 12 and provides effective reciprocity by virtue of this Agreement.

Sector: Transportation Services - Customs Brokers

Obligations Concerned: National Treatment (Articles 11.3 and 12.2) Local Presence (Article 12.5)

Level of Government: Central

Measures: 19 U.S.C. § 1641(b)

Description: Cross-Border Services and Investment

A customs broker’s license is required to conduct customs business on behalf of another person. Only U.S. citizens may obtain such a license. A corporation, association, or partnership established under the law of any state may receive a customs broker’s license if at least one officer of the corporation or association, or one member of the partnership, holds a valid customs broker’s license.

Sector: All Sectors

Obligations Concerned: National Treatment (Article 11.3) Most-Favored-Nation Treatment (Article 11.4)

Level of Government: Central

Measures: Securities Act of 1933, 15 U.S.C. §§ 77c(b), 77f, 77g, 77h,77j, and 77s(a)17 C.F.R. §§ 230.251 and 230.405

Securities Exchange Act of 1934, 15 U.S.C. §§ 78l, 78m,78o(d), and 78w(a)17 C.F.R. § 240.12b-2

Description: Investment

Foreign firms, except for certain Canadian issuers, may not use the small business registration forms under the Securities Act of 1933 to register public offerings of securities or the small business registration forms under the Securities Exchange Act of 1934 to register a class of securities or file annual reports.

Sector: Communications – Radiocommunications (*)

Obligations Concerned: National Treatment (Article 11.3)

Level of Government: Central

Measures: 47 U.S.C. § 310 (a)-(b) Foreign Participation Order 12 FCC Rcd 23891, paras. 97- 118 (1997)

Description: Investment

The United States reserves the right to restrict ownership of radio licenses in accordance with the above statutory and regulatory provisions, which provide that, inter alia:

(a) no station license may be granted to or held by a foreign government or representative thereof;

(b) no broadcast or common carrier or aeronautical en route or aeronautical fixed station license may be granted to or held by:

(i) an alien or its representative;

(ii) a corporation organized under the laws of a foreign government; or

(iii) a corporation of which more than one fifth of the capital stock is owned of record or voted by an alien or its representative, a foreign government or its representative, or a corporation organized under the laws of a foreign country; and

(c) absent a specific finding that the public interest would be served by permitting foreign ownership of a broadcast licenses, no broadcast station license shall be granted to any corporation directly or indirectly controlled by another corporation of which more than one fourth of the capital stock is owned of record or voted by an alien or its representative, a foreign government or its representative, or a corporation organized under the laws of a foreign country.

(*)Radiocommunications consists of all communications by radio, including broadcasting.

Sector: Professional Services - Patent Attorneys, Patent Agents, and Other Practice before the Patent and Trademark Office

Obligations Concerned: National Treatment (Article 12.2) Most-Favored-Nation Treatment (Article 12.3) Local Presence (Article 12.5)

Level of Government: Central

Measures: 35 U.S.C. Chapter 3 (practice before the U.S. Patent and Trademark Office)

37 C.F.R. Parts 10 and 11 (representation of others before the U.S. Patent and Trademark Office)

Description: Cross-Border Services

As a condition to be registered to practice for others before the U.S. Patent and Trademark Office (USPTO):

(a) a patent attorney must be a U.S. citizen or an alien lawfully residing in the United States (37 C.F.R. § 11.6(a));

(b) a patent agent must be a U.S. citizen, an alien lawfully residing in the United States, or a nonresident who is registered to practice in a country that permits patent agents registered to practice before the USPTO to practice in that country; the latter is permitted to practice for the limited purpose of presenting and prosecuting patent applications or applicants located in the country in which he or she resides (37 C.F.R. §11.6(c)); and

(c) a practitioner in trademark and non-patent cases must be an attorney licensed in the United States, a “grandfathered” agent, an attorney licensed to practice in a country that accords equivalent treatment to attorneys licensed in the United States, or an agent registered to practice in such a country; the latter two are permitted to practice for the limited purpose of representing parties located in the country in which he or she resides (37 C.F.R. § 10.14(a)-(c)).

Sector: All Sectors

Obligations Concerned: National Treatment (Articles 11.3 and 12.2) Most-Favored-Nation Treatment (Articles 11.4 and 12.3) Local Presence (Article 12.5) Performance Requirements (Article 11.8) Senior Management and Boards of Directors (Article 11.9)

Level of Government: Regional

Measures: All existing non-conforming measures of all states of the United States, the District of Columbia, and Puerto Rico

Appendix I-A. Illustrative list of U.S. regional non-conforming measures (1)

  • 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