(a) shall publish the regulations in a single official journal of national circulation and may encourage their distribution through additional outlets; and
(b) may include in the publication an explanation of the purpose of and rationale for the regulations.
Article 16.2. NOTIFICATION AND PROVISION OF INFORMATION
1. To the maximum extent possible, each Party shall notify the other Party of any actual or proposed measure that the Party considers might materially affect the operation of this Agreement or otherwise substantially affect the other Party's interests under this Agreement.
2. On request of the other Party, a Party shall promptly provide information and respond to questions pertaining to any actual or proposed measure that the requesting Party considers might affect the operation of this Agreement, regardless of whether the requesting Party has been previously notified of that measure.
3. Any notification or information provided pursuant to this Article is without prejudice as to whether the measure is consistent with this Agreement.
4. The information referred to in this Article shall be considered to have been provided when it has been made available by appropriate notification to the WTO or when it has been made available on an official website that is free of charge and publicly accessible.
Article 16.3. ADMINISTRATIVE PROCEEDINGS
With a view to administering in a consistent, impartial and reasonable manner all measures of general application respecting any matter covered by this Agreement, each Party shall ensure, in its administrative proceedings applying measures referred to in Article 16.1 to particular persons, goods or services of the other Party in specific cases, that:
(a) whenever possible, persons of the other Party that are directly affected by a proceeding are provided reasonable notice, in accordance with the Party's procedures, when a proceeding is initiated, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated, and a general description of any issues in controversy;
(b) such persons are afforded a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, when time, the nature of the proceeding, and the public interest permit; and
(c) its procedures and proceedings are in accordance with its law.
Article 16.4. REVIEW AND APPEAL
1. Each Party shall establish or maintain judicial, quasi-judicial, or administrative tribunals or procedures for the purposes of the prompt review and, where warranted, correction of final administrative actions regarding matters covered by this Agreement. Such tribunals shall be impartial and independent of the office or authority entrusted with administrative enforcement and shall not have any substantial interest in the outcome of the matter.
2. Each Party shall ensure that, in any such tribunals or procedures, the parties to the proceeding are provided with the right to:
(a) a reasonable opportunity to support or defend their respective positions; and
(b) a decision based on the evidence and submissions of record or, where required by the Party's law, the record compiled by the administrative authority.
3. Each Party shall ensure, subject to appeal or further review as provided in its law, that such decision shall be implemented by, and shall govern the practice of, the office or authority with respect to the administrative action at issue. If these decisions are subject to appeal or review as provided in the law of that Party, the Party may wait for the conclusion of the appeal or review before ensuring the aforementioned implementation and governance.
Article 16.5. DEFINITIONS
For the purposes of this Chapter:
administrative ruling of general application means an administrative ruling or interpretation that applies to a person and a situation of fact, falling within the general scope of that ruling or interpretation, and establishing a norm of conduct, but does not include:
(a) a determination or ruling made in an administrative or quasi-judicial proceeding that applies to a particular person, good, or service of the other Party in a specific case; or
(b) a ruling that adjudicates with respect to a particular act or practice.
Chapter 17. TECHNOLOGICAL COOPERATION
Article 17.1. OBJECTIVE
The objective of this Chapter is to facilitate the establishment of close technological cooperation as a means to contribute to the implementation of this Agreement, inter alia, aimed at:
(a) stimulating productive synergies, creating new opportunities for trade and investment and promoting competitiveness and innovation;
(b) supporting (1) and promoting the development of small and medium-sized enterprises and venture start-ups, as detailed in Annex 17-A;
(c) creating a more favorable business environment with a view to promoting trade and investment activities by public and private sectors of the Parties; and
(d) supporting complementing the efforts of the Parties to implement the priorities set in their own policies and development strategies.
Article 17.2. METHODS AND MODALITIES
1. Cooperation between the Parties under this Agreement will be implemented through the tools, resources and mechanisms available to them and in accordance with their respective laws, regulations, and procedures and through the appropriate agencies.
2. The Parties will encourage and promote cooperation as appropriate by means that include but are not limited to:
(a) joint research and technology transfer;
(b) exchanges of experts and technicians such as scientists, researchers and start-up accelerators;
(c) exchange of information on technology-related policies, laws, rules, standards, certifications, intellectual property rights (patents, trademarks, etc.) regimes and programs;
(d) co-hosting of seminars, symposiums, conferences, educational training and other technology-related activities;
(e) commercialization of products and services produced as a result of cooperative activities;
(f) joint activities between their technology transfer entities; and
(g) any other form of cooperative activity as may be agreed by the Parties.
Article 17.3. AREAS OF COOPERATION
1. Technology and start-up cooperation will cover areas as agreed by the Parties with an emphasis on the following areas:
(a) aerospace;
(b) medicine and medical supplies;
(c) information security;
(d) cyber security;
(e) virtual reality;
(f) big data;
(g) renewable energy;
(h) information technology (IT) and bio-technology (BT);
(i) agriculture and food;
(j) artificial intelligence (AT); and
(k) healthcare (including pharmaceuticals, medical devices and cosmetics).
2. Potentially, the scope of technology extends across the entire process of technology maturity, including the stages of basic research, trial products, practical application, commercialization, etc.
Article 17.4. COOPERATION COMMITTEE
1. The Parties hereby establish a Cooperation Committee for this Chapter composed of representatives of each Party.
2. For the purposes of this chapter, the Committee's functions shall include, as appropriate:
(a) developing a work plan for cooperative activities;
(b) collecting and consolidating the work plans of cooperation developed by each of the committees formed within this Agreement;
(c) reviewing and evaluating proposals for cooperation; (d) monitoring programs, projects and other initiatives of cooperation;
(e) ensuring and monitoring the implementation and fulfillment of the objectives of the programs, projects and other initiatives of cooperation;
(f) providing support and advice for the presentation of programs, projects and other initiatives of cooperation, in accordance with the strategic priorities of the Parties; and
(g) other functions assigned by the Joint Committee.
3. The Committee shall meet at least once a year, except as otherwise agreed.
4. The Committee may establish terms of reference for the conduct of its work.
Article 17.5. CONTACT POINTS
1. the Parties Shall Designate Contact Points to Facilitate Communication on Possible Cooperation Activities. Contact Points Will Have the Responsibility to Work with Their Respective Government Ministries and Agencies, Business Sector Representatives and Educational and Research Institutions for the Operation of this Chapter.
2. for the Implementation of this Chapter, the Following Contact Points Are Designated:17.5
a) for Korea: Ministry of Trade, Industry and Energy (MOTIE), or its successor; and
b) for Israel: Ministry of Economy and Industry, or its successor;
or the office that the Parties notify.
Article 17.6. DISPUTE SETTLEMENT
Neither Party shall have recourse to Chapter 20 (Dispute Settlement) for any matter arising under this Chapter.
Chapter 18. COMPETITION
Article 18.1. OBJECTIVES
Considering the importance of free competition in their trade relations, the Parties recognize that proscribing anti-competitive practices, implementing competition policies, and cooperating on matters covered by this Chapter will help prevent the benefits of the trade liberalization from being undermined and promote economic efficiency and consumer welfare.
Article 18.2. COMPETITION LAW AND AUTHORITIES
1. Each Party shall maintain competition laws that promote and protect the competitive process in its market by proscribing anti-competitive practices. Each Party shall take appropriate actions with respect to anti-competitive practices with the objective of promoting economic efficiency and consumer welfare.
2. Each Party shall maintain an authority or authorities responsible for the enforcement of its competition laws.
3. Each Party shall ensure that any exclusions or exemptions to its competition laws and regulations shall be transparent and undertaken on the grounds of public policy or public interest.
4. Each Party shall ensure independence in decision-making by its authority or authorities in relation to enforcement of competition laws and regulations.
Article 18.3. IMPLEMENTATION
The enforcement policy of the Parties' competition authorities shall be consistent with the principles of transparency, timeliness, non-discrimination and procedural fairness as specified below:
1. Each Party shall make publicly available its competition laws and regulations. Each Party shall ensure that all final decisions finding a violation of its competition laws are provided in written form and set out any relevant findings of fact and legal basis on which the decision is based.
2. Each Party recognizes the importance of timeliness in handling of competition cases. Each Party shall ensure that its competition authority endeavors to complete its investigations within a reasonable timeframe when there is no timeframe set for such investigations under their respective competition laws, regulations, guidelines or procedure.
3. Each Party shall apply and enforce its competition laws and regulations in a manner which does not discriminate on the basis of nationality.
4. Each Party shall ensure that before a sanction or remedy is imposed on any person or entity for violating its competition laws or regulations, that person or entity is given the reasons in writing for the allegations that its competition laws or regulations have been breached, and a fair opportunity to be heard and to present evidence.
5. Each Party shall ensure any person or entity subject to the imposition ofa sanction or remedy under its competition laws and regulations has access to an independent review or appeal of that sanction or remedy in a court of that Party.
Article 18.4. COOPERATION
1. The Parties recognize the importance of cooperation and coordination between their respective competition authorities to promote the effective enforcement of their competition laws and to fulfill the objectives of this Agreement. Accordingly, the Parties shall cooperate in relation to the enforcement of their respective competition laws and policies, including through notification, consultation, exchange of information and coordination as specified in this Article.
Notifications
2. Each Party, through its competition authority, shall notify in English to the competition authority of the other Party of an enforcement activity regarding an anti- competitive practice if it considers that such enforcement activity may substantially affect important interests of the other Party.
3. Provided that it is not contrary to the Parties' laws and does not affect any investigation being carried out, the notification shall take place at an early stage of the enforcement activity.
Consultations
4. To foster mutual understanding between the Parties, or to address specific matters that arise under this Chapter, each Party shall, upon request of the other Party, enter into consultations on issues raised by the other Party.
5. The Party to which a request for consultations has been addressed shall give full and sympathetic consideration to the concerns of the other Party.
Exchange of Information and Confidentiality
6. The competition authority of a Party shall, upon request of the competition authority of the other Party, endeavor to provide information to facilitate effective enforcement of their respective competition laws provided that it does not affect any ongoing investigation and is compatible with the rules and standards of confidentiality of each Party.
7. The competition authority of each Party shall maintain the confidentiality of any information provided in confidence by the competition authority of the other Party and shall not disclose such information to any entity that is not authorized by the competition authority providing the information.
Article 18.5. STATE ENTERPRISES AND DESIGNATED MONOPOLIES
1. The Parties shall ensure that state enterprises and designated monopolies are subject to their respective competition laws, insofar as the application of this provision does not obstruct the performance, in law or in fact, of the particular public tasks assigned to them.
2. Nothing in this Chapter shall be construed to prevent a Party from establishing or maintaining state enterprises or designated monopolies.
Article 18.6. DISPUTE SETTLEMENT
Neither Party shall have recourse to dispute settlement under this Agreement for any matter arising under this Chapter.
Article 18.7. DEFINITIONS
For the purposes of this Chapter:
anti-competitive practice means:
(a) agreements between enterprises and decisions by associations of enterprises which have the purpose or effect to impede, restrict, or distort competition;
(b) any abuse of a dominant position by one or more enterprises; or
(c) mergers or other structural combinations of enterprises which significantly impede effective competition, in particular as a result of the creation or strengthening of a dominant position;
competition authority means:
(a) for Korea, the Korea Fair Trade Commission, or its successors; and
(b) for Israel, the Israel Antitrust Authority, or its successors; and
competition law means:
(a) for Korea, the Monopoly Regulation and Fair Trade Act; and
(b) for Israel, the Restrictive Trade Practices Law, 5748-1988.
Chapter 19. ADMINISTRATION OF THE AGREEMENT
Article 19.1. JOINT COMMITTEE
1. The Parties hereby establish a Joint Committee comprising officials from relevant ministries of each Party, which shall be co-chaired by the Minister of Economy and Industry of Israel and the Minister of Trade, Industry and Energy of Korea, or their respective successors or designees.
2. The Joint Committee shall:
(a) supervise the implementation of this Agreement;
(b) supervise the work of all committees, working groups, and other bodies established under this Agreement;
(c) consider ways to further enhance trade relations between the Parties, including the review of this Agreement with the possibility of further extending it to areas not covered therein, such as financial services;
(d) without prejudice to Chapter 20 (Dispute Settlement) and dispute settlement provisions in Chapter 9 (Investment) and 15 (Trade and Environment), seek to resolve disputes that may arise regarding the interpretation or application of this Agreement;
(e) establish the amount of remuneration and expenses that will be paid to panelists; and
(f) consider any other matter that may affect the operation of this Agreement.
3. The Joint Committee may:
(a) establish and delegate responsibilities to ad hoc and standing committees, working groups, or other bodies;
(b) seek the advice of non-governmental persons or groups;
(c) recommend to the Parties to adopt any amendment to this Agreement. Any such amendment shall enter into force in accordance with the procedures set forth in Article 22.2.2 (Amendments);
(d) adopt interpretive decisions concerning provisions of this Agreement, binding on panel or tribunal established under Chapter 20 (Dispute Settlement) and under dispute settlement provisions in Chapters 9 (Investment) and 15 (Trade and Environment);
(e) adopt its own rules of procedure;
(f) modify by a Joint Committee decision:
(i) the Schedules to Annex 2-B (Reduction or Elimination of Customs Duties), with the purpose of accelerating the reduction of custom duties or eliminating them;
(ii) the specific rules of origin established in Annex 3-A (Product Specific Rules of Origin), Certificate of Origin contained in Annex 3-C (Certificate of Origin), Origin Declaration contained in Annex 3-D (Origin Declaration), Exemptions to Article 10.10 in Annex 3-B (Committee on Outward Processing Zones on The Korean Peninsula); or
(iii) the Rules of Procedure established in Annex 20-B and the Code of Conduct established in Annex 20 -A.
Each Party shall implement, subject to the completion of its applicable internal legal procedures and upon notification of such, any modification referred to in this subparagraph, within such period as the Parties may agree; and
(g) take such other action in the exercise of its functions as the Parties may agree.
4. Unless the Parties otherwise agree, the Joint Committee shall convene:
(a) in regular session every year, with such sessions to be held alternately in each country; and
(b) in special session within 30 days of the written request of a Party, with such sessions to be held in the other Party's country, or at such location as the Parties may agree, or by any other technological means available.
5. Each Party shall treat any confidential information exchanged in relation to the operation of the Joint Committee, or any body established under paragraph 3(a), on the same basis as the Party providing the information.
6. Recognizing the importance of transparency and openness, the Parties affirm their respective practices of considering the views of relevant members of the public as appropriate in order to draw on a broad range of perspectives in the implementation of this Agreement.
7. All decisions of the Joint Committee and all committees, working groups, and other bodies established under this Agreement shall be taken by mutual consent of the Parties.
Article 19.2. COMMITTEES AND OTHER BODIES
1. The following Committees and bodies are hereby established under the auspices of the Joint Committee:
(a) The Committee on Trade in Goods;
(b) The Committee on Trade in Services;
(c) The Temporary Entry of Business Persons Working Group;
(d) The Committee on Investment;
(e) The Committee on Customs;
(f)The Committee on Outward Processing Zones
(g) The Committee on Sanitary and Phytosanitary Measures;
(h) The Committee on Technical Barriers to Trade;
(i) The Committee on Intellectual Property Rights;
(j) The Committee on Environment and Trade; and
(k) The Cooperation Committee.
2. The Committees may decide to establish their own sub-Committees or any other body for the performance of their tasks, subject to the approval of the Joint Committee.
3. All decisions made by the Committees and other bodies shall be subject to the approval of the Joint Committee.
Article 19.3. FREE TRADE AGREEMENT COORDINATORS
1. Each Party shall appoint a free trade agreement coordinator and notify the other Party of the details of such coordinator within 60 days following the entry into force of this Agreement.
2. The coordinators shall jointly:
(a) work to develop agendas;
(b) make other preparations for the Joint Committee meetings;
(c) follow-up on the Joint Committee's decisions as appropriate;
(d) act as contact points to facilitate communication between the Parties on any matter covered by this Agreement, unless otherwise provided for in this Agreement;