1. In accordance with its law, each Party, prior to the importation of a good, shall provide, through its customs or other competent authorities, for the expeditious issuance of written advance rulings concerning the classification of goods and such other matters as agreed by the Parties.
2. Each Party shall adopt or maintain procedures for the issuance of such advance rulings, including the details of the information required for processing an application for the rulings.
3. A Party may decline to issue an advance ruling if the facts and circumstances forming the basis of the advance ruling are the subject of an investigation or an administrative or judicial review. The Party that declines to issue an advance ruling shall promptly notify the requester in writing, setting forth the relevant facts and the basis for its decision to decline to issue the advance ruling.
4. Each Party shall provide that advance rulings shall be in force from their date of issuance, or another date specified in the ruling. Subject to paragraphs 1 through 3, an advance ruling shall remain in force provided that the facts or circumstances on which the ruling is based remain unchanged, or for the period specified in the laws, regulations or administrative rulings of the importing Party.
Article 4.10. UNIFORM PROCEDURES
The Parties shall agree upon uniform procedures that may be necessary for the administration, application and interpretation of this Agreement in customs matters and related topics.
Article 4.11. REVIEW AND APPEAL
1. Each Party shall provide that the importer, exporter or any other person affected by its determinations, have access to:
(a) at least one level of administrative review by an institution higher than or independent of the official or authority responsible for the determination under review; and
(b) judicial review of administrative determinations subject to its laws and regulations.
2. Notice of the decision on appeal shall be given to the appellant.
Article 4.12. CONFIDENTIALITY
1. A Party shall maintain confidentiality of the information provided by the other Party pursuant to this Chapter and Chapter 3 (Rules of Origin), and protect it from disclosure that could prejudice the competitive position of the person providing the information. Any violation of confidentiality shall be treated in accordance with the legislation of each Party.
2. The above mentioned information shall not be disclosed without the specific permission of the Party providing such information, except to the extent that it may be required to be disclosed for law enforcement purposes or in the course of judicial proceedings.
Article 4.13. COMMITTEE ON CUSTOMS
1. The Parties agree to establish a Committee on Customs (hereinafter referred to as the "Committee") to address any customs-related issues relevant to:
(a) the uniform interpretation, application and administration of this Chapter and Chapter 3 (Rules of Origin);
(b) addressing issues on tariff classification, valuation and determination of the origin of goods for the purposes of this Agreement;
(c) reviewing of rules of origin;
(d) including in their bilateral dialogue regular updates on changes in their respective law;
(e) revising Annex 3-A (Product Specific Rules of Origin) on the basis of the transposition of the HS;
(f) resolving any issues related to interpretation, application, and administration of this Chapter and Chapter 3 (Rules of Origin), including tariff classification; and
(g) considering any other customs-related issues, referred to it by the customs authorities of the Parties, by the Parties or by the Joint Committee.
2. The Comittee will meet within one year of the date of entry into force of this Agreement and shall meet thereafter as agreed upon by the Parties alternately in Israel or in Korea.
3. The Committee shall comprise representatives of customs and, if necessary, other competent authorities from each Party and shall draw up its own rules of procedure at its first meeting.
4. The Committee may formulate resolutions, recommendations or opinions which it considers necessary and report to the Parties or to the Joint Committee.
5. The Committee may draft uniform procedures, which it considers necessary, to be submitted to the Joint Committee for its approval.
Article 4.14. IMPLEMENTATION AND TECHNICAL ISSUES
After consultation, if necessary, both sides may issue any administrative arrangements or agree upon procedures for the implementation of this Chapter and Chapter 3 (Rules of Origin).
Chapter 5. SANITARY AND PHYTOSANITARY MEASURES
Article 5.1. OBJECTIVES
The objectives of this Chapter are to protect human, animal and plant life or health in the territory of each Party while eliminating unnecessary obstacles to trade between the Parties.
Article 5.2. SCOPE
This chapter shall apply to all SPS measures that may, directly or indirectly, affect trade between the Parties.
Article 5.3. GENERAL PROVISIONS
The Parties affirm their existing rights and obligations under the SPS Agreement
Article 5.4. SPS CONTACT POINTS
1. For the purpose of facilitating communication on trade-related SPS matters, the Parties agree to designate Contact Points as follows:
(a) for Korea, the Ministry of Agriculture, Food and Rural Affairs, or its successor; and
(b) for Israel, Foreign Trade Administration, Ministry of Economy and Industry, or its successor.
2. The functions of Contact Points may include, but are not limited to:
(a) exchange information relating to SPS matters, including information on the competent authorities of each Party;
(b) coordinate the Committee on Sanitary and Phytosanitary Measures referred to in Article 5.6; and
(c) facilitate any other communication between the Parties on any matter covered by this Chapter.
Article 5.5. COOPERATION
1. The Parties shall make efforts to enhance the relationship between the Parties' competent authorities. For this purpose, competent authorities of the Parties may:
(a) enhance regulatory cooperation on SPS measures; and
(b) promote cooperation on matters related to the implementation of the SPS Agreement and related international standards, guidelines and recommendations within the framework of the relevant international organizations, including the Codex Alimentarius Commission, the World Organization for Animal Health (OIE), and the relevant international and regional organizations operating within the framework of the International Plant Protection Convention (IPPC).
2. The Parties shall exchange information on SPS measures, including proposed SPS measures, which may affect or are likely to affect trade between the Parties.
3. The Parties shall exchange information, including through their competent authorities, regarding any significant, sustained or recurring pattern of non-compliance with a Party's SPS measures and any appropriate remedial action to be undertaken by the exporting Party.
4. When an importing Party imposes an emergency measure, the Party shall notify the exporting Party promptly of the decision and of the relevant information. Pursuant to the acceptance of such notification, the exporting Party may request consultations between the competent authorities. The Parties shall hold a discussion as agreed.
Article 5.6. COMMITTEE ON SANITARY AND PHYTOSANITARY MEASURES
1. The Parties hereby establish a Committee on Sanitary and Phytosanitary Measures (hereinafter Referred to as the "Committee") comprising representatives of each Party's competent authorities who have responsibility for SPS matters.
2. The objective of the Committee is to discuss matters related to the development or application of SPS measures that affect, or may affect, trade between the Parties. For this purpose, the Committee shall:
(a) monitor the implementation of this Chapter;
(b) enhance mutual understanding of each Party's SPS measures;
(c) strengthen communication and cooperation between the Parties' competent authorities responsible for the matters covered by this Chapter;
(d) exchange information regarding SPS measures, which may affect trade between the Parties;
(e) discuss issues, positions, and agendas for meetings of the WTO Committee on Sanitary and Phytosanitary Measures, the Codex Alimentarius Commission, OIE, the relevant international and regional organizations operating within the framework of the IPPC, and other international and regional forum on food safety and on human, animal, or plant life or health;
(f) consult on SPS matters related to the development or application of SPS measures that affect, or may affect, trade between the Parties, or arising under this Chapter;
(g) coordinate cooperative activities on SPS matters referred to in Article 5.5 (Cooperation); and
(h) carry out other functions as mutually agreed by the Parties. The Committee may establish terms of reference for the conduct of its work.
3. The Committee shall meet once a year unless the Parties otherwise agree.
4. The Committee may meet either in person or using available technological means.
5. Each Party shall ensure that appropriate representatives with responsibility for SPS matters participate in the Committee meetings, and all decisions made by the Committee shall be by mutual agreement.
Article 5.7. DISPUTE SETTLEMENT
Neither Party shall have recourse to Chapter 20 (Dispute Settlement) under this Agreement for any matter arising under this Chapter.
Article 5.8. DEFINITIONS
For the purposes of this Chapter:
(a) SPS Agreement means the Agreement on the Application of Sanitary and Phytosanitary Measures in Annex 1A to the WTO Agreement; and
(b) the definitions contained in Annex A to the SPS Agreement shall apply
Chapter 6. TECHNICAL BARRIERS TO TRADE
Article 6.1. OBJECTIVES
The objectives of this Chapter are to:
(a) increase and facilitate trade between the Parties, including through enhancing the Partiesâ implementation of the TBT Agreement;
(b) ensure that technical regulations, standards and conformity assessment procedures do not create unnecessary obstacles to trade between the Parties; and
(c) enhance mutual understanding and co-operation between the Parties.
Article 6.2. SCOPE
1. This Chapter shall apply to the preparation, adoption, and application of all standards, technical regulations, and conformity assessment procedures that may affect trade in goods between the Parties.
2. Notwithstanding paragraph 1, this Chapter shall not apply to:
(a) technical specifications prepared by a governmental body for its production or consumption requirements which are covered by Chapter 8 (Government Procurement), to the extent they apply; or
(b) sanitary or phytosanitary measures which are covered by Chapter 5 (Sanitary and Phytosanitary Measures).
Article 6.3. AFFIRMATION OF THE TBT AGREEMENT
The Parties affirm their existing rights and obligations with respect to each other under the TBT Agreement, of which Articles 2 through 9 are incorporated into and made part of this Agreement, mutatis mutandis.
Article 6.4. INTERNATIONAL STANDARDS
1. Each Party shall use relevant international standards, guides and recommendations, to the extent provided in Articles 2.4 and 5.4 of the TBT Agreement, as a basis for its technical regulations and conformity assessment procedures.
2. In determining whether an international standard, guide, or recommendation within the meaning of Articles 2 and 5 and Annex 3 of the TBT Agreement exists, each Party shall base its determination on the principles set out in the Decision of the Committee on Principles for the Development of International Standards, Guides and Recommendations with relation to Articles 2, 5 and Annex 3 of the Agreement, adopted on 13 November 2000 by the WTO Committee on Technical Barriers to Trade (Annex 2 to PART 1 of G/TBT/1/Rev13), and any subsequent development thereof.
3. The Parties shall encourage co-operation between their respective organizations in areas of mutual interest, in the context of their participation in international standardizing bodies, to ensure that international standards developed within such organizations are trade facilitating and do not create unnecessary obstacles to international trade.
Article 6.5. TECHNICAL REGULATIONS
1. Consistent with the TBT Agreement, each Party shall give positive consideration to accepting as equivalent technical regulations of the other Party, even if these regulations differ from its own, provided that it is satisfied that these regulations adequately fulfil the objectives of its own regulations.
2. A Party shall, on the request of the other Party, explain the reasons why it has not accepted a technical regulation of the other Party as equivalent.
3. Each Party shall give positive consideration to a request by the other Party to negotiate arrangements for achieving the equivalence of technical regulations referred to in paragraph 1.
4. A Party shall, on the request of the other Party, explain the reasons why it has not accepted a request by the other Party to negotiate such arrangements.
5. The Parties shall strengthen communications and co-ordination with each other, where appropriate, in the context of discussions on the equivalence of technical regulations and related issues in international fora, such as the WTO Committee on Technical Barriers to Trade.
Article 6.6. CONFORMITY ASSESSMENT PROCEDURES
1. The Parties recognise that a broad range of mechanisms exists to facilitate the acceptance in a Party's territory of the results of conformity assessment procedures conducted in the other Party's territory. Such mechanisms may include:
(a) facilitating recognition of co-operative arrangements between accreditation agencies from each other's territory;
(b) mutually recognizing the results of conformity assessment procedures performed by government-designated bodies located in each other's territory with respect to specific technical regulations;
(c) recognizing existing regional, international and multilateral recognition agreements and arrangements between or among accreditation bodies or conformity assessment bodies;
(d) recognizing accreditation procedures for qualifying conformity assessment bodies;
(e) designating conformity assessment bodies or recognizing the other Party's designation of conformity assessment bodies;
(f) unilaterally recognizing the results of conformity assessment procedures performed in the other Party's territory;
(g) accepting a supplier's declaration of conformity; or
(h) facilitating voluntary arrangements between conformity assessment bodies in the territory of each Party.
2. The Parties shall accept, whenever possible, the results of conformity assessment procedures conducted in the territory of the other Party, even when those procedures differ from its own, provided that those procedures offer a satisfactory assurance of applicable technical regulations or standards equivalent to its own procedures. Where a Party does not accept the results of a conformity assessment procedure conducted in the territory of the other Party, it shall, on request of the other Party, explain the reasons for its decision.
3. Prior to accepting the results of a conformity assessment procedure pursuant to paragraph 2, and in order to enhance confidence in the permanent reliability of each one of the conformity assessment results, the Parties may consult on matters such as the technical competence of the conformity assessment bodies involved. Where a Party considers that a conformity assessment body of the other Party does not fulfil its requirements, it shall explain to the other Party the reasons for its decision.
4. The Parties shall give positive consideration to a request by the other Party to negotiate agreements or arrangements for the mutual recognition of the results of their respective conformity assessment procedures. Within two years after this Agreement enters into force, the Parties shall enter into discussions regarding the possibility of negotiating agreements or arrangements for mutual recognition of the results of their respective conformity assessment procedures in areas mutually agreed upon.
5. The Parties shall intensify their exchange of information on acceptance mechanisms with a view to facilitating the acceptance of conformity assessment results.
Article 6.7. JOINT CO-OPERATION
1. The Parties shall strengthen their co-operation in the field of standards, technical regulations, and conformity assessment procedures with a view to:
(a) increasing the mutual understanding of their respective systems;
(b) enhancing co-operation between the Parties' regulatory agencies in achieving health, safety and environmental objectives;
(c) facilitating access to their respective markets;
(d) facilitating trade by implementing good regulatory practices; and
(e) enhancing co-operation, as appropriate, to ensure that technical regulations and conformity assessment procedures are based on international standards or the relevant parts of them and do not create unnecessary obstacles to trade between the Parties.
2. In order to achieve the objectives set out in paragraph 1, the Parties shall co-operate on regulatory issues, which may include:
(a) promotion of good regulatory practice based on risk management principles;
(b) exchange of information with a view to improving the quality and effectiveness of their technical regulations;
(c) development of joint initiatives for managing risks to health, safety or the environment, and preventing deceptive practices; or
(d) exchange of market surveillance information where appropriate.
3. The Parties shall seek to identify, develop, and conclude trade facilitating initiatives that are appropriate for particular issues or sectors, including:
(a) transparency;
(b) alignment with international standards;
(c) harmonization or equivalence of technical regulations;
(d) mechanisms to facilitate acceptance of conformity assessment procedures conducted in the territory of the other Party through mutual recognition agreements or arrangements; and
(e) understandings reached on compliance issues.
4. On the request of the other Party, a Party shall give favourable consideration to any sector-specific proposal that the other Party makes for further co-operation under this Chapter including:
(a) promoting the harmonization and use of international standards such as standards developed in the International Electrotechnical Commission (IEC) in the area of low voltage devices; encouraging their national certification bodies to be members of the IEC System of Conformity Assessment Schemes for Electrotechnical Equipment and Components-Certification Bodies' Scheme (IECEE-CB scheme) and for the national certification bodies to accept each other's IECEE-CB test certificates as the basis for national certification to electric safety requirements in order to reduce duplicative testing and certification requirements; and
(b) promoting co-operation in the framework established by regional, international and multilateral recognition agreements, including the International Laboratory Accreditation Cooperation (ILAC).
Article 6.8. TRANSPARENCY
1. In order to enhance the opportunity for the other Party to provide meaningful comments on a proposed technical regulation or conformity assessment procedure, a Party publishing a notice or transmitting a notification in accordance with Article 2.9, 2.10, 5.6 or 5.7 of the TBT Agreement shall include an explanation of the objectives and the rationale for the proposal and how it addresses those matters.
2. Each Party shall allow at least 60 days after it transmits a notification in accordance with Article 2.9 or 5.6 of the TBT Agreement for the other Party to make comments on the proposal in writing, except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise.
3. To the extent practicable, each Party, consistent with its legal system, shall publish proposed technical regulations and proposed conformity assessment procedures that it proposes to adopt, or publish in advance documents that provide a relevant description about such possible new technical regulations or new conformity assessment procedures to allow interested persons to comment.
4. Each Party shall, where consultations respecting the development of technical regulations and conformity assessment procedures are open to the public, permit persons of the other Party to participate on terms no less favourable than those accorded to its own persons.
5. Each Party shall recommend that non-governmental bodies in its territory, where consultations respecting the development of standards are open to the public, permit the participation of persons of the other Party on terms no less favourable than those accorded to its own persons in the consultation process.
6. When appropriate, each Party shall endeavour to publish or otherwise make available to the public, in print or electronically, its responses, or a summary of its responses, to significant comments it receives, no later than the date it publishes the final technical regulation or conformity assessment procedure.
7. On the request of the other Party, a Party shall provide the other Party with information regarding the objective of, and rationale for, a standard, technical regulation, or conformity assessment procedure that the Party has adopted or is proposing to adopt.
Article 6.9. COMMITTEE ON TECHNICAL BARRIERS TO TRADE
1. The Parties hereby establish a Committee on Technical Barriers to Trade (hereinafter referred to as "the Committee"), which shall comprise representatives of the Parties. The Committee may meet in person, via teleconference, via video-conference or through any other means, as agreed by the Parties.
2. The functions of the Committee shall include:
(a) monitoring the implementation and administration of this Chapter;
(b) enhancing co-operation in the development and improvement of standards, technical regulations and conformity assessment procedures;
(c) ensuring appropriate steps are taken promptly to address any issue that a Party may raise related to the development, adoption, application, or enforcement of technical regulations or conformity assessment procedures;
(d) considering any sector-specific proposal a Party makes for further co-operation between regulatory authorities, accreditation bodies or conformity assessment bodies, including, where appropriate, between governmental and non- governmental conformity assessment bodies located in the Parties' territories;
(e) considering a request that a Party recognise the results of conformity assessment procedures conducted by bodies in the other Party's territory, including a request for the negotiation of an agreement, in a sector proposed by that other Party;
(f) exchanging information on developments in non-governmental, regional, and multilateral fora engaged in activities related to standards, technical regulations and conformity assessment procedures;
(g) on the request of the other Party, promptly facilitating technical discussions on any matter arising under this Chapter, which shall be without prejudice to the rights and obligations of the Parties under Chapter 20 (Dispute Settlement);
(h) taking any other steps the Parties consider will enhance their implementation of the TBT Agreement and facilitate trade in goods between them;
(i) reviewing this Chapter in light of any developments under the TBT Agreement, and developing recommendations for amendments to the Chapter in light of those developments; and
(j) establishing working groups to undertake specific tasks under this Chapter.