| Sectors in which regional Measures are described | Sectors in which regional measures do not currently affect US specific commitments under the GATS | |
| Business services | ||
| Professional services | ||
| Legal services | x | |
| Accounting, auditing and bookkeeping services | x | |
| Architectural services | x | |
| Engineering services | x | |
| Integrated engineering services | x | |
| Urban planning and landscape architectural services | x | |
| Computer and related services | x | |
| Research and development services | x | |
| Real estate services | x | |
| Rental/leasing services without operators | x | |
| Other business services | ||
| Advertising services | x | |
| Market research and public opinion polling services | x | |
| Management consulting service | x | |
| Services related to man. consulting | x | |
| Technical testing and analysis services | x | |
| Services incidental to agriculture, hunting and forestry | x | |
| Services incidental to fishing | x | |
| Services incidental to mining | x | |
| Services incidental to energy distribution | x | |
| Placement and supply services of Personnel | x | |
| Investigation and security | x | |
| Related scientific and technical consulting services | x | |
| Maintenance and repair of equipment | x | |
| Building-cleaning services | x | |
| Photographic services | x | |
| Packaging services | x | |
| Printing, publishing | x | |
| Convention services | x | |
| Other | x | |
| Communication services | ||
| Express delivery services | x | |
| Other delivery services | x | |
| Telecommunication services | x | |
| Audiovisual services | x | |
| Construction and related engineering services | x | |
| Distribution services | x | |
| Educational services | x | |
| Environmental services | x | |
| Health related and social services | x | |
| Tourism and travel related services | x | |
| Recreational, cultural and sporting services (other than audiovisual services) | x | |
| Entertainment services (including theatre, live bands and circus services) | x | |
| News agency services | x | |
| Libraries, archives, museums and other cultural services | x | |
| Sporting and other recreational services | x | |
| Transport services | ||
| Air Transport Services (Maintenance and repair of aircraft) | x | |
| Rail Transport Services | x | |
| Road Transport Services | x | |
| Pipeline Transport | x | |
| Services auxiliary to all modes of transport | ||
| Cargo-handling services | x | |
| Storage and warehouse services | x | |
| Freight transport agency services | x |
Appendix I-A. Illustrative list of U.S. regional non-conforming measures (2)
| Sector | Non-conforming measure by jurisdiction |
| Legal services (practice of U.S. law) | Residency: lowa, Kansas, Massachusetts, Michigan, Minnesota (or maintain an office in Minnesota), Mississippi, Nebraska, New Jersey, New Hampshire, Oklahoma, Rhode Island, South Dakota, Vermont, Virginia, Wyoming. In-state office: District of Columbia, Indiana, Michigan, Minnesota (or maintain individual residency in Minnesota), Mississippi, New Jersey, Ohio, South Dakota, Tennessee. |
| Legal services (foreign legal consulting) | Residency: Michigan, Texas. In-state office: Arizona, District of Columbia, Indiana, Massachusetts, Minnesota, Missouri, New Jersey, New York, North Carolina, Ohio, Utah. |
| Accounting, auditing and bookkeeping services | Residency: Arizona, Arkansas, Connecticut, District of Columbia, Idaho, Indiana, lowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Carolina, Tennessee, West Virginia. In-state office: Arkansas, Connecticut, lowa, Kansas, Kentucky, Michigan, Minnesota, Nebraska, New Hampshire, New Mexico, Ohio, Vermont, Wyoming. Citizenship: North Carolina. |
| Architectural services, urban planning and landscape architecture services | Senior Managers and Boards of Directors: Michigan |
| Engineering services and integrated engineering services | Residency: Idaho, lowa, Kansas, Maine, Mississippi, Nevada, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, West Virginia |
| Real estate services | Residency: South Dakota. Citizenship: Mississippi, New York |
| Placement and supply services of personnel | Citizenship: Arkansas |
| Investigation and security | Residency: Maine, Michigan, New York |
| Construction and related engineering services | In-state office: Michigan |
| Health and related social services | Corporate form: Michigan, New York |
| Educational services (Cosmetology schools) | Limited number of licenses: Kentucky |
| Rail transport services | Incorporation requirement: Vermont |
Annex II. EXPLANATORY NOTES
1. The Schedule of a Party to this Annex sets out, pursuant to Articles 11.12 (Non-Conforming Measures) and 12.6 (Non-Conforming Measures), the specific sectors, subsectors, or activities for which that Party may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:
(a) Article 11.3 (National Treatment) or 12.2 (National Treatment);
(b) Article 11.4 (Most-Favored-Nation Treatment) or 12.3 (Most-Favored-Nation Treatment);
(c) Article 12.5 (Local Presence); (d) Article 11.8 (Performance Requirements); (e) Article 11.9 (Senior Management and Boards of Directors); or (63) Article 12.4 (Market Access). 2. Each Schedule entry sets out the following elements: (a) Sector refers to the sector for which the entry is made;
(b) Obligations Concerned specifies the article(s) referred to in paragraph 1 that, pursuant to Articles 11.12.2 (Non-Conforming Measures) and 12.6.2 (Non-Conforming Measures), do not apply to the sectors, subsectors, or activities scheduled in the entry;
(c) Description sets out the scope of the sectors, subsectors, or activities covered by the entry; and
(d) Existing Measures identifies, for transparency purposes, existing measures that apply to the sectors, subsectors, or activities covered by the entry.
3. In accordance with Articles 11.12.2 (Non-Conforming Measures) and 12.6.2 (Non-Conforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the sectors, subsectors, and activities identified in the Description element of that entry.
4. For Korea, foreign person means a foreign national or an enterprise organized under the laws of another country.
5. For greater certainty, Local Presence (Article 12.5) and National Treatment (Article 12.2) are separate disciplines and a measure that is only inconsistent with Local Presence (Article 12.5) need not be reserved against National Treatment (Article 12.2).
Annex II. SCHEDULE OF KOREA
Sector: All Sectors
Obligations Concerned: National Treatment (Article 11.3) Performance Requirements (Article 11.8)
Description: Investment
1. Korea reserves the right to adopt, with respect to the establishment or acquisition of an investment, any measure that is necessary for the maintenance of public order pursuant to Article 4 of the Foreign Investment Promotion Act (2007) and Article 5 of the Enforcement Decree of the Foreign Investment Promotion Act (2007), provided that Korea promptly provides written notice to the United States that it has adopted such a measure and that the measure:
(a) is applied in accordance with the procedural requirements set out in the Foreign Investment Promotion Act (2007), Enforcement Decree of the Foreign Investment Promotion Act (2007), and other applicable law;
(b) is adopted or maintained only where the investment poses a genuine and sufficiently serious threat to the fundamental interests of society;
(c) is not applied in an arbitrary or unjustifiable manner;
(d) does not constitute a disguised restriction on investment; and
(e) is proportional to the objective it seeks to achieve.
2. Without prejudice to any claim that may be submitted to arbitration pursuant to Article 11.16.1, a claimant may submit to arbitration under Section B of Chapter Eleven (Investment) a claim that:
(a) Korea has adopted a measure for which it has provided notice pursuant to paragraph 1; and
(b) the claimant or, as the case may be, an enterprise of Korea that is a juridical person that the claimant owns or controls directly or indirectly, has incurred loss or damage by reason of, or arising out of, the measure.
In the event of such a claim, Section B of Chapter Eleven shall apply, mutatis mutandis, and all references in Section B of Chapter Eleven to a breach, or to an alleged breach, of an obligation under Section A of Chapter Eleven shall be understood to refer to the measure, which would constitute a breach of an obligation under Section A of Chapter
Eleven but for this entry. However, no award may be made in favor of the claimant, if Korea establishes to the satisfaction of the tribunal that the measure satisfies all the conditions listed in subparagraphs (a) through (ec) of paragraph 1.
3. This entry does not apply to the extent that a measure referred to in paragraph 1 is subject to Chapter Thirteen (Financial Services).
Existing Measures: Foreign Investment Promotion Act (Law No. 8380, April 11, 2007), Article 4
Enforcement Decree of the Foreign Investment Promotion Act (Presidential Decree No. 19826, January 5, 2007), Article 5
Sector: All Sectors
Obligations Concerned: National Treatment (Articles 11.3 and 12.2) Performance Requirements (Article 11.8) Senior Management and Boards of Directors (Article 11.9) Local Presence (Article 12.5)
Description:
Investment
Korea reserves the right to adopt or maintain any measure with respect to the transfer or disposition of equity interests or assets held by state enterprises or governmental authorities.
Such a measure shall be implemented in accordance with the provisions of Chapter Twenty-One (Transparency).
Notwithstanding Article 13.9.3 (Non-Conforming Measures), this entry shall not be treated as a non- conforming measure not subject to Article 13.2 (National Treatment).
This entry does not apply to former private enterprises that are owned by the state as a result of corporate reorganization processes.
For purposes of this entry:
A state enterprise shall include any enterprise created for the sole purpose of selling or disposing of equity interests or assets of state enterprise or governmental authorities.
Cross-Border Trade in Services and Investment
Without prejudice to Korea's commitments undertaken in Annex I and Annex II, Korea reserves the right to adopt or maintain any measure with respect to the transfer to the private sector of all or any portion of services provided in the exercise of governmental authority.
This entry does not apply to a measure inconsistent with Article 11.3 or 12.2 to the extent that the measure affects the supply of express delivery services that the laws of Korea permit. This paragraph does not prevent Korea from establishing or maintaining a state enterprise.
Notwithstanding Article 13.9.3, this entry shall not be treated as a non-conforming measure not subject to Article 13.2.
Existing Measures: Securities and Exchange Act (Law No 8315, March 29, 2007), Article 203
Sector: Acquisition of Land
Obligations Concerned: National Treatment (Article 11.3)
Description: Investment
Korea reserves the right to adopt or maintain any measure with respect to the acquisition of land by foreign persons, except that a juridical person shall continue to be permitted to acquire land where the juridical person:
1. is not deemed foreign under Article 2 of the Foreigner's Land Acquisition Act, and
2. is deemed foreign under the Foreigner's Land Acquisition Act or is a branch of a foreign juridical person subject to approval or notification in accordance with the Foreigner's Land Acquisition Act, if the land is to be used for any of the following legitimate business purposes:
(a) land used for ordinary business activities;
(b) land used for housing for senior management; and
(c) land used for fulfilling land-holding requirements stipulated by pertinent laws.
Korea reserves the right to adopt or maintain any measure with respect to the acquisition of farmland by foreign persons.
Existing Measures: Foreigner's Land Acquisition Act (Law No. 7297, December 31, 2004), Articles 2 through 6
Farmland Act (Law No. 8179, January 3, 2007), Article 6
Sector: Firearms, Swords, Explosives, and Similar Items
Obligations Concerned: National Treatment (Articles 11.3 and 12.2) Performance Requirements (Article 11.8) Senior Management and Boards of Directors (Article 11.9) Local Presence (Article 12.5)
Description: Cross-Border Trade in Services and Investment
Korea reserves the right to adopt or maintain any measure with respect to the firearms, swords, and explosives sector, including the manufacture, use, sale, storage, transport, import, export, and possession of firearms, swords, or explosives.
Sector: Disadvantaged Groups
Obligations Concerned: National Treatment (Articles 11.3 and 12.2) Most-Favored-Nation Treatment (Articles 11.4 and 12.3) Performance Requirements (Article 11.8) Senior Management and Boards of Directors (Article 11.9) Local Presence (Article 12.5)
Description: Cross-Border Trade in Services and Investment
Korea reserves the right to adopt or maintain any measure that accords rights or preferences to socially or economically disadvantaged groups, such as the disabled, persons who have rendered distinguished services to the state, and ethnic minorities.
Sector: State-Owned National Electronic/Information System
Obligations Concerned: National Treatment (Articles 11.3 and 12.2)
Description: For purposes of this entry only, Korea's Schedule is subject to the following modifications:
(a) for any sector and subsector with regard to which Korea's Annex I contains an entry (other than an entry with regard to "All Sectors") that does not list Market Access as one in the Obligations Concerned element, "None" is inscribed in the Market Access column for modes 1, 2, and 3, and "Unbound except as indicated in the Horizontal commitments section" is inscribed for mode 4;
(b) for any sector and subsector with regard to which Korea's Annex I contains an entry (other than an entry with regard to "All Sectors") that lists a limitation to the Market Access obligation, that limitation is inscribed in the Market Access column with regard to the appropriate mode of supply; and
(c) for any sector and subsector listed in Appendix II-A, Korea's Schedule is modified as indicated in the Appendix I-A.
These modifications shall not affect any limitation relating to sub-paragraph (f) of paragraph 2 of Article XVI of GATS inscribed in the Market Access column of Korea's Schedule.
For greater certainty, an entry of "None" in the Market Access column of Korea's Schedule shall not be construed to alter the application of Article 12.5 as modified by Article 12.6.
Sector: All Sectors
Obligations Concerned: Most-Favored-Nation Treatment (Articles 11.4 and 12.3)
Description: Cross-Border Trade in Services and Investment
Korea reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.
Korea reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed after the date of entry into force of this Agreement involving:
(a) aviation;
(b) fisheries; or
(c) maritime matters, including salvage.
Sector: Communication Services - Broadcasting Services
Obligations Concerned: Most-Favored-Nation Treatment (Articles 11.4 and 12.3)
Description: Cross-Border Trade in Services and Investment
Korea reserves the right to adopt or maintain any measure that accords differential treatment to persons of other countries due to the application of reciprocity measures or through international agreements involving sharing of the radio spectrum, guaranteeing market access, or national treatment with respect to the one-way satellite transmission of direct-to-home (DTH) and direct broadcasting satellite (DBS) television services and digital audio services.
Sector: Transportation Services - Railroad Transportation
Obligations Concerned: Most-Favored-Nation Treatment (Articles 11.4 and 12.3)
Description: Cross-Border Trade in Services and Investment
Korea reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed after the date of entry into force of this Agreement involving railroad transportation.
Sector: Environmental Services - Treatment and Supply Services for Potable Water; Collection and Treatment Services for Municipal Sewage; Collection, Transportation, and Disposal Services for Municipal Refuse; Sanitation and Similar Services; Nature and Landscape Protection Services (Except for Environmental Impact Assessment Services)
Obligations Concerned: National Treatment (Articles 11.3 and 12.2) Performance Requirements (Article 11.8) Local Presence (Article 12.5)
Description: Cross-Border Trade in Services and Investment
Korea reserves the right to adopt or maintain any measure with respect to the following environmental services: treatment and supply of potable water; collection and treatment of municipal sewage; collection, transportation, and disposal of municipal refuse; sanitation and similar services; and nature and landscape protection services (except for environmental impact assessment services).
This entry shall not apply to the supply of the aforementioned services pursuant to a contract between private parties, to the extent private supply of such services is permitted under relevant laws and regulations.
Sector: Atomic Energy - Nuclear Power Generation; Manufacturing and Supply of Nuclear Fuel; Nuclear Materials; Radioactive Waste Treatment and Disposal (including treatment and disposal of spent and irradiated nuclear fuel); Radioisotope and Radiation Generation Facilities; Monitoring Services for Radiation; Services Related to Nuclear Energy; Planning, Maintenance, and Repair Services
Obligations Concerned: National Treatment (Articles 11.3 and 12.2) Performance Requirements (Article 11.8) Senior Management and Boards of Directors (Article 11.9) Local Presence (Article 12.5)
Description: Cross-Border Trade in Services and Investment
Korea reserves the right to adopt or maintain any measure with respect to the atomic energy industry.
Sector: Energy Services - Electric Power Generation other than Nuclear Power Generation; Electric Power Transmission, Distribution, and Sales; Electricity Business
Obligations Concerned: National Treatment (Articles 11.3 and 12.2) Performance Requirements (Article 11.8) Senior Management and Boards of Directors (Article 11.9) Local Presence (Article 12.5)
Description: Cross-Border Trade in Services and Investment
Korea reserves the right to adopt or maintain any measure with respect to electric power generation, transmission, distribution, and sales.
Any such measure shall not decrease the level of foreign ownership permitted in the electric power industry as provided by the entry in Korea's Schedule to Annex I related to Energy Industry (electric power).
Notwithstanding this entry, Korea shall not adopt or maintain any measure inconsistent with Article 11.8.1(f).
Sector: Energy Services - Gas industry
Obligations Concerned: National Treatment (Articles 11.3 and 12.2) Performance Requirements (Article 11.8) Senior Management and Boards of Directors (Article 11.9) Local Presence (Article 12.5)
Description: Cross-Border Trade in Services and Investment
Korea reserves the right to adopt or maintain any measure with respect to the import and wholesale distribution of natural gas and the operation of terminals and the national high pressure pipeline network.
Any such measure shall not decrease the level of foreign ownership permitted in the gas industry as provided by the entry in Korea's Schedule to Annex I related to Energy Industry (gas industry).
Sector: Distribution Services - Commission Agents' Services, Wholesaling and Retailing of Agricultural Raw Materials and Live Animals (nong chuk san mul)
Obligations Concerned: National Treatment (Articles 11.3 and 12.2) Performance Requirements (Article 11.8) Local Presence (Article 12.5)
Description: Cross-Border Trade in Services and Investment
Korea reserves the right to adopt or maintain any measure with respect to:
(a) commission agentsâ services;
(b) wholesaling (including importation) services; and
(c) retailing services,
with respect to rice, ginseng, and red ginseng.
Sector: Transportation Services - Passenger Road Transportation Services (Taxi Services and Scheduled Passenger Road Transportation Services)
Obligations Concerned: National Treatment (Articles 11.3 and 12.2) Most-Favored-Nation Treatment (Articles 11.4 and 12.3) Performance Requirements (Article 11.8) Senior Management and Boards of Directors (Article 11.9) Local Presence (Article 12.5)
Description: Cross-Border Trade in Services and Investment
Korea reserves the right to adopt or maintain any measure with respect to taxi services and scheduled passenger road transportation services.
Sector: Transportation Services - Freight Road Transportation Services (not including Road Transportation Services Related to Courier Services)
Obligations Concerned: Most-Favored-Nation Treatment (Articles 11.4 and 12.3) Performance Requirements (Article 11.8) Senior Management and Boards of Directors (Article 11.9) Local Presence (Article 12.5)
Description: Cross-Border Trade in Services and Investment
Cross-Border Trade in Services and Investment
Korea reserves the right to adopt or maintain any measure with respect to freight road transportation services, not including road transportation of containerized freight (excluding cabotage) by international shipping companies and road transportation services related to courier services.
ANNEX II-KOREA-21
Sector:
Obligations Concerned:
Korea reserves the right to adopt or maintain any measure with respect to freight road transportation services, not including road transportation of containerized freight (excluding cabotage) by international shipping companies and road transportation services related to courier services.