Only a person that is a licensed soo-eui-sa (veterinarian) that has established an office in Korea, including dong-mul-jin- ryo-bub-in (animal hospital legal entity) and bee-young-ri- bub-in (non-profit legal entity), may engage in veterinary or aquatic animal disease inspection services.
Only a person that is a licensed soo-san-jil-beung-gaun-ri-sa (aquatic life disease inspector) that has established an office in Korea, including soo-san-saeng-mul-jin-ryo-bub-in (aquatic life hospital legal entity) and bee-young-ri-bub-in (non-profit legal entity), may engage in aquatic life disease inspection services.
37. Sector: Environmental Services - Waste Water Treatment Services, Waste Management Services, Air Pollution Treatment Services, Environmental Preventive Facilities Business, Environmental Impact Assessment, Soil Remediation and Groundwater Purification Services, and Toxic Chemical Control Services
Obligations Concerned:
Local Presence (Article 10.5)
Measures:
Water Environment Conservation Act (Law No. 15832, October 16, 2018), Article 62
Wastes Control Act (Law No. 16318, April 16, 2019), Article 25
Enforcement Decree of the Wastes Control Act (Presidential Decree No. 30173, October 29, 2019), Article 8
Clean Air Conservation Act (Law No. 16266, January 15, 2019), Article 68
Environmental Technology and Industry Support Act (Law No. 15845, October 16, 2018), Article 15
Environmental Impact Assessment Act (Law No. 15662, June 12, 2018), Article 54
Soil Environment Conservation Act (Law No. 15102, November 28, 2017), Article 23-7
Groundwater Act (Law No. 15624, June 8, 2018), Article 29- 2
Chemicals Control Act (Law No. 16084, December 24, 2018), Article 28
Description:
Cross-Border Trade in Services
A person that supplies the environmental services listed in the Sector heading must establish an office in Korea.
38. Sector: Performance Services
Obligations Concerned:
National Treatment (Article 10.2)
Measures:
Public Performance Act (Law No. 16048, December 24, 2018), Articles 6 and 7
Enforcement Decree of the Public Performance Act (Presidential Decree No. 29950, July 2, 2019), Articles 4 and 6
Enforcement Regulations of the Public Performance Act (Ordinance of the Ministry of Culture, Sports and Tourism No. 371, October 7, 2019), Article 4
Enforcement Regulations of the Immigration Control Act (Ordinance of the Ministry of Justice No. 952, June 11, 2019), Table 5
Description:
Cross-Border Trade in Services
A foreign person who intends to engage in a public performance in Korea, or a person who intends to invite a foreign person to engage in a public performance in Korea must obtain a recommendation from the Korea Media Rating Board.
39. Sector: News Agency (News-tong-sin-sa) Services
Obligations Concerned:
National Treatment (Articles 9.3 and 10.2)
Senior Management and Boards of Directors (Article 9.10)
Market Access (Article 10.4)
Local Presence (Article 10.5)
Measures:
Act on the Promotion of News Communication (Law No. 16052, December 24, 2018), Articles 7, 8, 9, 9-5, 16 and 28
Enforcement Decree of the Act on the Promotion of News Communications (Presidential Decree No. 30059, August 27, 2019), Articles 4 and 10
Radio Waves Act (Law No. 16019, December 24, 2018), Article 20
Description:
Cross-Border Trade in Services and Investment
A news-tong-sin-sa (news agency) organized under foreign law may supply news-tong-sin (news communications) in Korea only under a contract with a news agency organized under Korean law which has a radio station license, such as Yonhap News.
The following persons shall not supply news agency services in Korea:
(a) a foreign government; (b) a foreign person;
(c) an enterprise organized under Korean law whose dae-pyo-ja (for example, a chief executive officer, president, or similar principal senior officer) is not a Korean national or is a person not domiciled in Korea; or
(d) an enterprise organized under Korean law in which a foreign person holds 25 percent or more equity interest.
The following persons shall not serve as a dae-pyo-ja (for example, a chief executive officer, president, or similar principal senior officer) or editor of a news agency, or serve as im-won (a member of the board of directors) of Yonhap News or the News Agency Promotion Committee:
(a) a foreign national; or
(b) a Korean national not domiciled in Korea. A foreign news agency may establish a branch or office in Korea for the sole purpose of collecting news. For greater certainty, such branch or office shall not distribute news- tong-sin (news communications) in Korea. The following persons shall not obtain a radio station license: (a) a foreign national;
(b) a foreign government or its representative; or
(c) an enterprise organized under foreign law.
40. Sector: Manufacturing of Biological Products
Obligations Concerned:
Performance Requirements (Article 9.9)
Measures:
Pharmaceutical Affairs Act (Law No. 16250, January 15, 2019), Article 42
Regulations on Safety of Pharmaceuticals, Etc. (Ordinance of the Prime Minister No. 1544, June 12, 2019), Article 11
Description:
Investment
A person who manufactures blood products must procure raw blood materials from a blood management body in Korea.
41. Sector: Publishing of Periodicals (Excluding Newspapers)
Obligations Concerned:
National Treatment (Articles 9.3 and 10.2)
Senior Management and Boards of Directors (Article9.10)
Market Access (Article 10.4)
Local Presence (Article 10.5)
Measures:
Act on the Promotion of Periodicals including Magazines, (Law No. 15822, October 16, 2018), Articles 20 and 29
Enforcement Decree of Act on the Promotion of Periodicals including Magazines, (Presidential Decree No. 30058, August 27, 2019), Articles 17, 18, 19, and 20
Description:
Cross-Border Trade in Services and Investment
The publisher or the editor-in-chief of an enterprise that publishes periodicals must be a Korean national.
The following persons shall not publish periodicals in Korea: (a) a foreign government or a foreign person;
(b) an enterprise organized under Korean law whose dae-pyo-ja (for example, a chief executive officer, president, or similar principal senior officer) is not a Korean national; or
(c) an enterprise organized under Korean law in which a foreign person holds more than 50 percent of share or equity interest.
A foreign person that publishes periodicals may establish a branch or office in Korea subject to authorization from the Minister of Culture, Sports and Tourism. Such branch or office may print and distribute its periodicals in Korea in the original language, provided that such periodicals are edited in the territory of the other Party.
42. Sector: Distribution Services - Agriculture and Livestock
Obligations Concerned:
National Treatment (Articles 9.3 and 10.2) Market Access (Article 10.4)
Measures:
Grain Management Act (Law No. 14653, March 21, 2017), Article 12
Livestock Industry Act (Law No 16550, August 27, 2019), Articles 30 and 34
Seed Industry Act (Law No. 14483, December 27, 2016), Article 42
Feed Management Act (Law No. 16123, December 31 2018), Article 6
Ginseng Industry Act (Law No. 16101, December 31, 2018), Article 20
Foreign Investment Promotion Act (Law No.16479, August 20, 2019), Article 4
Enforcement Decree of the Foreign Investment Promotion Act (Presidential Decree No. 30170, October 29, 2019), Article 5
Regulations on Foreign Investment (Notice of the Ministry of Trade, Industry, and Energy, No. 2018-137, July 6, 2018), Attached Table 2
Act on Distribution and Price Stabilization of Agricultural and Fishery Products (Law No. 16118, December 31, 2018), Articles 15, 17, and 43
Notice on TRQ Products (Ministry of Agriculture, Food and Rural Affairs Notice No. 2018-105, December 24, 2018), Articles 14 and 20-2
Description:
Cross-Border Trade in Services and Investment
A foreign person shall not hold 50 percent or more of the shares or equity interest of an enterprise engaged in yook-ryu (meat) wholesaling.
Only the Livestock Cooperatives under the Agriculture Cooperative Act may establish and manage a ga-chook- sijang (livestock market) in Korea.
Only a local government may establish a gong-yeong- domae-sijang (public wholesale market).
Only producers' organizations or public interest corporations prescribed in the Enforcement Decree of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products may establish a gong-pan-jang (joint wholesale market).
For greater certainty, Articles 10.2 (National Treatment) and 10.4 (Market Access) do not prevent Korea from adopting or maintaining any measures with respect to the administration of WTO Tariff-Rate-Quota.
43. Sector: Energy Industry - Electric Power Generation Other Than Nuclear Power Generation; Electric Power Transmission, Distribution and Sales
Obligations Concerned:
National Treatment (Article 9.3) (3)
Measures:
Financial Investment Services and Capital Markets Act (Law No. 16191, December 31, 2018), Article 168
Enforcement Decree of Financial Investment Services and Capital Markets Act (Presidential Decree No. 30118, October 8, 2019), Article 187
Foreign Investment Promotion Act (Law No. 16479, August 20, 2019), Articles 4 and 5
Enforcement Decree of the Foreign Investment Promotion Act (Presidential Decree No. 30170, October 29, 2019), Article 5
Regulations on Foreign Investment (Notice of the Ministry of Trade, Industry and Energy, No. 2018-137, July 6, 2018), Attached Table 2
Notice of Ministry of Finance and Economy (No. 2000-17, September 28, 2000)
Regulation on Supervision of Securities Business (Financial Services Commission Notice No. 2008-16, July 3, 2008), Article 7-6
Description:
Investment
The aggregate foreign share of KEPCO's issued stocks shall not exceed 40 percent. A foreign person shall 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), shall 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 shall not be the largest shareholder.
44. Sector: Energy Industry - Gas Industry
Obligations Concerned: National Treatment (Article 9.3) (4)
Measures: Act on the Improvement of Managerial Structure and Privatization of Public Enterprises (Law No. 11845, May 28, 2013), Article 19
Financial Investment Services and Capital Markets Act (Law No. 16191, December 31, 2018), Article 168, Articles of Incorporation of the Korea Gas Corporation (July 3, 2019), Article 11
Description: Investment
Foreign persons, in the aggregate, shall not own more than 30 percent of the equity of KOGAS.
45. Sector: Recreational, Cultural, and Sporting Services - Motion Picture Projection Services
Obligations Concerned: Performance Requirements (Article 9.9) Market Access (Article 10.4)
Measures: Act on Promotion of Motion Pictures and Video Products (Law No. 16061, December 24, 2018), Articles 2, 27, and 40
Enforcement Decree of the Act on Promotion of Motion Pictures and Video Products (Presidential Decree No. 29950, July 2, 2019), 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 II. SCHEDULE OF THE STATE OF ISRAEL
EXPLANATORY NOTE
1. Israel's Schedule to this Annex sets out, pursuant to Articles 9.12 (Non- Conforming Measures) and 10.6 (Non-Conforming Measures), the specific sectors, sub-sectors or activities for which that Contracting Party may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:
(a) Article 9.3 (National Treatment) or 10.2 (National Treatment);
(b) Article 9.4 (Most-Favoured-Nation Treatment) or 10.3 (Most- Favoured-Nation Treatment);
(c) Article 10.4 (Market Access):
(d) Article 10.5 (Local Presence);
(e) Article 9.9 (Performance Requirements); or
(f) Article 9.10 (Senior Management and Board of Directors)
2. Each Schedule entry sets out the following elements:
(a) Sector refers to the sector for which the entry is made;
(b) Sub-Sector, where referenced, refers to the specific sub-sector for which the entry is made;
(c) Industry Classification, where referenced, and only for transparency purposes, refers to the activity covered by the non-conforming measure, according to domestic or international industry classification codes;
(d) Obligations Concerned specifies the obligations referred to in paragraph 1 that, pursuant to paragraph 3 of Articles 9.12 (Non- Conforming Measures) and 10.6 (Non-Conforming Measures), do not apply to the sectors, sub-sectors or activities listed in the entry;
(e) Description sets out the scope or nature of the sectors, sub-sectors or activities covered by the entry; and
(f) Existing Measures, where specified, identifies, for transparency purposes, a non-exhaustive list of existing measures that apply to the sectors, sub-sectors or activities covered by the entry.
3. In the interpretation of an entry, all elements of the entry shall be considered. The “Description” element shall prevail over all other elements.
4. For the purposes of this Annex the term “CPC” means Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991).
5. In case of any inconsistency between Scheduled Entry No. 11 and any other scheduled entry, the latter shall prevail.