Industry Classification: CPC 711
Obligations Concerned:
Market Access (Article 10.4)
National Treatment (Articles 9.3 and 10.2) Performance Requirements (Article 9.9) Local Presence (Article 10.5)
Senior Management and Board of Directors (Article 9.10)
Cross-Border Trade in Services and Investment
Description:
Israel reserves the right to adopt or maintain any measure with regard to transportation services via railway.
Existing Measures:
46. Sector: Transportation
Sub-Sector: Road Transport Services
Industry Classification: CPC 7121, 7122, 7123, 7124, 6112, 8867 and 744
Obligations Concerned:
Market Access (Article 10.4)
Local Presence (Article 10.5)
Description:
Cross-Border Trade in Services
1. For Market Access, Israel reserves the right to adopt or maintain any measure with regard to road transport services.
2. For Local Presence, Israel reserves the right to require the establishment or maintenance of a representative office or any form of enterprise, with tegard to road transport services.
Investment
Israel reserves the right to adopt or maintain any measure with regard to supporting services for road transport services.
Existing Measures:
47. Sector: Transportation
Sub-Sector: Supporting services for road transport and Other scheduled passenger transportation
Industry Classification: CPC 744 and 7121
Obligations Concerned:
National Treatment (Articles 9.3 and 10.2)
Performance Requirements (Article 9.9)
Senior Management and Board of Directors (Article 9.10)
Description:
Cross-Border Trade in Services and Investment
Israel reserves the right to adopt or maintain any measure with regard to supporting services for road transport, except parking services and commercial road vehicle maintenance and minor repair services.
Existing Measures:
48. Sector : Oil and natural gas pipeline transport, including crude and refined oil, oil products and natural gas
Industry Classification: CPC 7131 and 7139
Obligations Concerned:
Market Access (Article 10.4)
Local Presence (Article 10.5)
National Treatment (Articles 9.3 and 10.2) Performance Requirements (Article 9.9)
Senior Management and Board of Directors (Article 9.10)
Description:
Cross-Border Trade in Services and Investment
Israel reserves the right to adopt or maintain any measure with regard to oil distillates and oil refineries and oil and natural gas pipeline transport, including crude and refined oil, oil products and natural gas.
Existing Measures:
49. Sector: Services Auxiliary to All Modes of Transport
Sub-Sector:
Storage and warehouses services
Freight transport agency services
Other supporting and auxiliary transport services
Industry Classification: CPC 742, 748, 749
Obligations Concerned:
Market Access (Article 10.4)
Local Presence (Article 10.5)
Description:
Cross-Border Trade in Services
Israel reserves the right to adopt or maintain any measure with regard to storage and warehouses services, freight transport agency services and other supporting and auxiliary transport services.
Investment
Israel reserves the right to adopt or maintain any measure with regard to storage and warehouses services, freight transport agency services and other supporting and auxiliary transport services, except customs agents.
Existing Measures:
50. Sector: Community, Social and Personal Services Services of membership organizations Other services
Sub-Sector: Private household with employed persons
Services provided by extraterritorial organizations and bodies
Industry Classification: CPC 95, 97, 98, 99
Obligations Concerned:
Market Access (Article 10.4) National Treatment (Article 10.2)
Local Presence (Article 10.5)
Description:
Cross-Border Trade in Services
Israel reserves the right to adopt or maintain any measure with regard to the services of membership organizations, private household with employed persons, services provided by extraterritorial organizations and bodies and other services in the Sector Community, Social and Personal Services.
Existing Measures:
Annex II. SCHEDULE OF THE REPUBLIC OF KOREA
EXPLANATORY NOTE
1. The Schedule of Korea to this Annex sets out, pursuant to Articles 9.12 (Non- Conforming Measures) and 10.6 (Non-Conforming Measures), the specific sectors, subsectors, or activities for which Korea 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
(= Article 9.10 (Senior Management and Boards of Directors).
2. Each Schedule entry sets out the following elements:
(a) Sector refers to the sector for which the entry is made;
(b) Obligation Concerned specifies the obligation(s) referred to in paragraph 1 that, pursuant to Articles 9.12.3 and 10.6.3, shall not apply to sectors, subsectors, or
activities set out in the Schedule;
(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 9.12.3 and 10.6.3, the Articles of this Agreement specified in the Obligations Concerned element of an entry shall not apply to the sectors, subsectors, and activities identified in the Description element of that entry.
4. A foreign person means a foreign national or an enterprise organized under the laws of another country.
5. The Schedule contained in this Annex is without prejudice to Koreaâs position on the
supply of services that were not technically feasible at the time of entry into force of this Agreement, and the supply of new services other than those classified positively and explicitly in UN CPC provisional code.
6. For greater certainty, in accordance with Article 10.1.3, a Schedule entry for a non- conforming measure with respect to Article 10.4 (Market Access) shall also apply to measures adopted or maintained by Korea affecting the supply of a service in its territory through commercial presence, notwithstanding the heading of the Description element.
7. For greater certainty, Articles 10.2 (National Treatment) and 10.5 (Local Presence) are separate disciplines and a measure that is only inconsistent with Article 10.5 (Local Presence) need not be reserved against Article 10.2 (National Treatment).
1. Sector: All Sectors
Obligations Concerned:
National Treatment (Article 9.3) Performance Requirements (Article 9.9)
Description:
Investment
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 (2019) and Article 5 of the Enforcement Decree of the Foreign Investment Promotion Act (2018), provided that Korea promptly provides written notice to the other party 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 (2019), Enforcement Decree of the Foreign Investment Promotion Act (2018), and other applicable law;
(b) is adopted or maintained only where the investment poses a gemine 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.
Existing Measures:
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
2. Sector: All Sectors
Obligations Concerned:
National Treatment (Articles 9.3 and 10.2)
Performance Requirements (Article 9.9)
Senior Management and Boards of Directors (Article 9.10)
Local Presence (Article 10.5)
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 16 (Transparency).
This entry shall not apply to former private enterprises that are owned by the state as a result of corporate reorganization processes.
For the 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 Koreaâs 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.
Existing Measures:
Financial Investment Services and Capital Markets Act (Law No. 16191, December 31, 2018), Article 168
3. Sector: All sectors
Obligations Concerned:
National Treatment (Articles 9.3 and 10.2)
Most-Favoured-Nation Treatment (Articles 9.4 and 10.3)
Market Access (Article 10.4)
Local Presence (Article 10.5)
Performance Requirements (Article 9.9)
Senior Management and Boards of Directors (Article 9.10)
Description:
Cross-Border Trade in Services and Investment
Korea reserves the right to adopt or maintain any measure with respect to the defense industry.
Foreign investors (stipulated in Article 2 of the Foreign Investment Promotion Act) who intend to acquire the outstanding shares of a defense industry company (enterprises stipulated in Article 3 of the Defense Acquisition Program Act) other than the newly issued ones shall obtain a prior permission from the Minister of Trade, Industry and Energy.
Existing Measures:
Foreign Investment Promotion Act (Law No. 16479, August 20, 2019), Article 6
Defense Acquisition Program Act (Law No. 15344, January 16, 2018), Article 35
4. Sector: Acquisition of Land
Obligations Concerned: National Treatment (Article 9.3) Investment
Description:
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:
(a) is not deemed foreign under Article 2 of the Act on Report on Real Estate Transactions, Fite., and
(b) is deemed foreign under the Act on Report on Real Estate Transactions, Etc. or is a branch of a foreign juridical person subject to approval or notification in accordance with the Act on Report on Real Estate Transactions, Etc., if the land is to be used for any of the following legitimate business purposes:
(i) land used for ordinary business activities;