(a) the matter involves a pattern of practice; and
(b) the business person has exhausted any available administrative remedies regarding the particular matter.
3. The remedies referred to in paragraph 2(b) shall be deemed to be exhausted if a final determination in the matter has not been issued by the relevant competent authority within one year of the institution of an administrative proceeding, and the failure to issue a determination is not attributable to delay caused by the business person.
4. Notwithstanding paragraph 2, a Party shall not initiate proceedings under the Chapter 20 (Dispute Settlement) regarding visa, pass or other document or electronic authority allowing a natural person of a Party to enter, reside or work in the territory of the granting Party.
Article 11.9. WORKING GROUP
1. The Parties hereby establish a Temporay Entry of Business Persons Working Group, comprising representatives of each Party including immigration officials, to consider and review matters pertaining to this Chapter with a view to facilitate temporary entry of business persons between the Parties.
2. The Working Group shall meet within the first year after the entry into force of this Agreement, and as otherwise decided by the Parties, in person or by any other technological means available, to consider any matter arising under this Chapter.
3. The Working Group shall:
(a) identify and recommend measures to facilitate temporary entry of business persons between the Parties, including measures with regards to fees for processing applications for temporary entry of business persons and specific commitments for more categories of business persons;
(b) review the implementation and operation of this Chapter; and
(c) consider other issues of mutual interest with respect to temporary entry of business persons.
Article 11.10. RELATION TO OTHER CHAPTERS
Except for this Chapter, Chapters 1 (Initial Provisions and General Definitions), 19 (Administration of the Agreement), 20 (Dispute Settlement) to the extent permitted by Article 11.8, 21 (Exceptions) and 22 (Final Provisions), and Articles 16.1 (Publication), 16.2 (Notification and Provision of Information) and 16.3 (Administrative Proceedings) of Chapter 16 (Transparency), nothing in this Agreement shall impose any obligation on a Party regarding measures affecting the temporary entry of business persons.
Article 11.11. DEFINITIONS
For the purposes of this Chapter:
business person means a natural person of a Party who is engaged in trade in goods, the provision of services or the conduct of investment;
immigration formality means a visa, permit, pass or other document or electronic authority allowing a natural person of a Party to enter, reside or work in the territory of the granting Party; and
temporary entry means entry into the territory of a Party by a business person covered by this Chapter of the other Party without the intent to reside permanently.
Annex 11-A. KOREA'S SCHEDULE OF SPECIFIC COMMITMENTS ON TEMPORARY ENTRY OF BUSINESS PERSONS
1. Korea requires a business person of Israel seeking temporary entry into its territory under the provisions of this Chapter and this Annex to obtain appropriate immigration formalities prior to entry.
2. Korea may refuse to grant temporary entry to a natural person who is likely to be involved in any labour dispute that is in progress and adversely affect the settlement of such labour dispute.
Business Visitors of Israel
3. Entry and temporary stay shall be granted to a business visitor of Israel for a period of not more than 90 days without requiring that person to obtain an employment authorisation, provided that such person otherwise complies with immigration measures applicable to temporary entry.
4. A business visitor of Israel means a natural person of Israel:
(a) who is:
(i) a service seller who enters the territory of Korea for the purpose of negotiating sale of services or entering into agreements for such sale;
(ii) seeking temporary entry for negotiating sale of goods, where such negotiations do not involve direct sales to the general public; or
(iii) an investor or an employee of an investor, who is a manager, executive or specialist as defined in paragraph 6, seeking temporary entry to establish an investment; and
(b) whose primary source of renumeration for the proposed business activity, principal place of business and the actual place of accrual of profits, at least predominantly, remain outside Korea.
Intra-Corporate Transferees of Israel
5. Entry and temporary stay shall be granted for a period of up to three years, which may be extended for subsequent periods provided the conditions on which it is based remain in effect, to an intra-corporate transferee of Israel, provided that such person otherwise complies with immigration measures applicable to temporary entry.
6. ICT means an employee of a service supplier, juridical person, an investor or enterprise of a Party established in the territory of Korea referred to below as an organization, through a branch, subsidiary or affiliate, who has been so employed for a period not less than one year immediately preceding the date of the application for temporary entry, and who is an executive, manager, or specialist as defined below:
(a) executive means a natural person within an organization who primarily directs the management of the organization, exercises wide latitude in decision- making, and receives general supervision or direction from higher-level executives, the board of directors, or stockholders of the business. An executive would not directly perform tasks related to the actual supply of a service or operation of an investment.
(b) manager means a natural person within an organization who primarily directs the organization or a department of the organization; supervises and controls the work of other supervisory, professional or managerial employees; has the authority to hire and fire or recommend hiring, firing, or other personnel actions; and exercises discretionary authority over day-to-day operations. This does not include a first-line supervisor, unless the employees supervised are professionals, nor does this include an employee who primarily performs tasks necessary for the supply of the service or operation of an investment; and
(c) specialist means a natural person within an organization who possesses knowledge at an advanced level of continued expertise and proprietary knowledge on the services, research, equipment, techniques, or management of the organization.
Annex 11-B. ISRAEL'S SCHEDULE OF SPECIFIC COMMITMENTS ON TEMPORARY ENTRY OF BUSINESS PERSONS
1. The following sets out Israel's commitments in accordance with Article 11.4 in respect of the temporary entry of business persons.
Intra-Corporate Transferees of Korea
2. Israel shall permit, without requiring compliance with labour market tests, the temporary entry of Korean intra-corporate transferees in the following categories:
(a) Executives: persons who primarily direct the management of the organization, establish its goals and generally have wide decision making authority;
(b) Managers: persons who direct the organization or a department therein and are in a senior level position responsible for the service providing functions of the organization by supervising and controlling and having also authority to hire and fire personnel or recommend such and other personnel actions. â
3. Intra-corporate specialists: a work permit will be issued in compliance with the labour market tests to those intra-corporate specialists, who possess knowledge at an advanced level of expertise or otherwise essential or proprietal to the organization's service, research, equipment, techniques or management.
4. Entry and temporary stay for intra-corporate transferees of Korea is permitted for a period of up to 63 months.
5. Subject to the discretion of PIBA and after fulfillment of all prescribed conditions:
(a) Employment permits for a Korean ICT may be issued for an initial period of up to two years, upon the request of an applicant.
(b) After issuance of the initial employment permit and subject to payment of the relevant yearly fees by the employer, the B/1 visa and work license issued by the Israeli consulate in Korea may be extended for an initial period not exceeding the validity of the employment permit, and for no longer than two years, after the arrival of the Korean ICT in Israel, upon the request of the applicant.
(c) Extensions of employment permits may be requested for periods of up to two years, up to the maximum set out by Israeli law. Additional extensions of B/1 visas and work licenses may be issued for periods of up to one year.
2 In this paragraph, "service providing functions" includes investment operations carried out in sectors other than services.
Business visitors of Korea
6. Business visitors of Korea mean natural persons of Korea seeking temporary entry into Israel for general business purposes, such as participating in business negotiations and meetings, which do not include engaging in direct sales, providing services to the general public, or employment in Israel.
7. The period of stay for business visitors of Korea is determined by the Border Control Agency. Entry and temporary stay is permitted for a period of up to 90 days during a calender year.
Signature Date
The Honorable ()
Minister for Trade Sejong,
Republic of Korea
Dear Minister () :
I have the honor to confirm the following understanding reached between the delegations of the Republic of Korea and State of Israel during the course of negotiations regarding Chapter 11 (Temporary Entry of Business Persons) of the Free Trade Agreement between our two Governments signed this day, concerning the procedures for considering requests for extension of Korean Intra-corporate Transferees' stay in Israel beyond 63 months in addition to the commitments in Annex 11-B, Israel's Schedule of Specific Commitments on Temporary Entry of Business Persons.
In considering an application to extend the validity of a B/1 visa and work license issued to a foreign expert for periods exceeding 63 months, as per section 3a(cl) of the Entry into Israel Law-1952, the following circumstances, inter alia, will be taken into account by the recommending committee:
a. The identity and contribution of the entity employing the foreign expert, which has applied for a permit to continue to employ such expert.
b. The qualifications of the foreign expert, the particulars of the position of the foreign expert in the employing entity, the importance of the continued employment of the foreign expert by the requesting entity in Israel.
c. The number of nationals of the foreign expert's nationality illegally staying in Israel, as well as indications that the foreign expert does not intend to settle permanently in Israel.
In cases in which the application for extension of the stay and employment of the foreign expert for a period beyond 63 months is based upon a claim of contribution to the economy of Israel, the committee will also consider the existence of a Free Trade Agreement between Korea and Israel which includes a chapter on Temporary Entry of Business Persons as an additional positive indication of the contribution of the foreign expert and the employing entity requesting to continue to employ the expert, as the ratification of the above Free Trade Agreement between Korea and Israel signifies the importance of the trade relationship and the movement of business persons between the two countries.
I have the honor to propose that this letter and your letter in reply confirming that your Government shares this understanding shall constitute an integral part of the Free Trade Agreement. I look forward to working closely with you and your Government in connection with the implementation of the Free Trade Agreement.
Sincerely, [SGN]
Signature Date
The Honorable ( )
Minister of Economy and Industry Jerusalem, State of Israel
Dear Minister ():
I have the honor to acknowledge receipt of your letter of this date, which reads as follows:
I have the honor to confirm the following understanding reached between the delegations of the Republic of Korea and State of Israel during the course of negotiations regarding Chapter 11 (Temporary Entry of Business Persons) of the Free Trade Agreement between our two Governments signed this day, concerning the procedures for considering requests for extension of Korean Intra- corporate Transferees' stay in Israel beyond 63 months, in addition to the commitments in Annex 11-B, Israel's Schedule of Specific Commitments on Temporary Entry of Business Persons.
In considering an application to extend the validity of a B/1 visa and work license issued to a foreign expert for periods exceeding 63 months, as per section 3a(cl) of the Entry into Israel Law-1952, the following circumstances, infer alia, will be taken into account by the recommending committee:
a. The identity and contribution of the entity employing the foreign expert, which has applied for a permit to continue to employ such expert.
b. The qualifications of the foreign expert, the particulars of the position of the foreign expert in the employing entity, the importance of the continued employment of the foreign expert by the requesting entity in Israel.
c. The number of nationals of the foreign expert's nationality illegally staying in Israel, as well as indications that the foreign expert does not intend to settle permanently in Israel.
In cases in which the application for extension of the stay and employment of the foreign expert for a period beyond 63 months is based upon a claim of contribution to the economy of Israel, the committee will also consider the existence of the Free Trade Agreement between Korea and Israel which includes a chapter on Movement of Business Persons as an additional positive indication of the contribution of the foreign expert and the employing entity requesting to continue to employ the expert, as the ratification of the above Free Trade Agreement between Korea and Israel signifies the importance of the trade relationship and the movement of business persons between the two countries.
Thave the honor to propose that this letter and your letter in reply confirming that your Government shares this understanding shall constitute an integral part of the Free Trade Agreement. I look forward to working closely with you and your Government in connection with the implementation of the Free Trade Agreement.
Thave the further honor to confirm that my Government shares this understanding and
that your letter and this letter in reply shall constitute an integral part of the Free Trade Agreement.
Sincerely, [SGN]
Chapter 12. TELECOMMUNICATIONS
Article 12.1. SCOPE
1. This Chapter shall apply to measures affecting trade in telecommunications services, including:
(a) measures relating to access to and use of public telecommunications services;
(b) measures relating to obligations of suppliers of public telecommunications services;
(c) other measures relating to public telecommunications networks or services; and
(d) measures relating to the supply of value-added services.
2. This Chapter shall not apply to any measure relating to broadcast or cable distribution of radio or television programming, except that:
(a) Article 12.2 shall apply with respect to cable or broadcast service suppliers’ access to and use of public telecommunications services; and
(b) Article 12.20 shall apply to any technical measures to the extent that such measures also affect public telecommunications services.
3. Nothing in this Chapter shall be construed to:
(a) require a Party, or require a Party to compel any service supplier, to establish, construct, acquire, lease, operate, or supply telecommunications networks or services not offered to the public generally;
(b) require a Party to compel any service supplier exclusively engaged in the broadcast or cable distribution of radio or television programming to make available its broadcast or cable facilities as a public telecommunications network; or
(c) prevent a Party from prohibiting persons operating private networks from using their private networks to supply public telecommunications networks or services to third persons.
4. This Chapter is subject to Annex 12-A.
Section A. Access to and Use of Public Telecommunications Networks and Services
Article 12.2. ACCESS AND USE
1. Each Party shall ensure that service suppliers of the other Party have access to and use of any public telecommunications network or service, including leased circuits, offered in its territory or across its borders, on reasonable and non-discriminatory terms and conditions, including as set out in paragraphs 2 through 6.
2. Each Party shall ensure that service suppliers of the other Party are permitted to:
(a) purchase or lease and attach terminal or other equipment that interfaces with a public telecommunications network;
(b) provide services to individual or multiple end-users over leased or owned circuits;
(c) connect owned or leased circuits with public telecommunications networks and services or with circuits leased or owned by the other enterprise;
(d) perform switching, signaling, processing, and conversion functions; and (e) use operating protocols of their choice.
3. Each Party shall ensure that service suppliers of the other Party may use public telecommunications services for the movement of information in its territory or across its borders, including for intra-corporate communications, and for access to information contained in databases or otherwise stored in machine-readable form in the territory of either Party.
4. Notwithstanding paragraph 3, a Party may take such measures as are necessary to ensure the security and confidentiality of messages, or protect the privacy of personal data of end-users to public telecommunications services, provided that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination or disguised restriction on trade in services.
5. Each Party shall ensure that no condition is imposed on access to and use of public telecommunications networks and services, other than as necessary to:
(a) safeguard the public service responsibilities of suppliers of public telecommunications networks and services, in particular their ability to make their networks or services available to the public generally; or
(b) protect the technical integrity of public telecommunications networks or services. 12-2
6. Provided that conditions for access to and use of public telecommunications networks and services satisfy the criteria set out in paragraph 5, such conditions may include:
(a) arequirement to use specified technical interfaces, including interface protocols, for interconnection with such networks or services;
(b) requirements, where necessary, for the inter-operability of such networks and services;
(c) type approval of terminal or other equipment that interfaces with the network and technical requirements relating to the attachment of that equipment to such networks; or
(d) a licensing, permit, registration, or notification procedure which, if adopted or maintained, is transparent and provides for the processing of applications filed thereunder in accordance with the Partyâs national law or regulation.
Section B. Suppliers of Public Telecommunications Services
Article 12.3. OBLIGATIONS RELATING TO SUPPLIERS OF PUBLIC TELECOMMUNICATIONS SERVICES (1)
Interconnection 1, Each Party shall ensure that:
(a) suppliers of public telecommunications services in its territory provide, directly, or indirectly within the same territory, interconnection with suppliers of public telecommunications services of the other Party at reasonable rates; and
(b) in carrying out subparagraph (a), suppliers of public telecommunications services in its territory take reasonable steps to protect the confidentiality of commercially sensitive information of, or relating to, suppliers and end-users of public telecommunications services obtained as a result of interconnection arrangements and only use such information for the purpose of providing these services.
Number Portability
2. Each Party shall ensure that suppliers of public telecommunications services in its territory, other than suppliers of voice over internet protocol services, provide number portability to the extent technically feasible, and on reasonable terms and conditions.
Access to Telephone Numbers
3. Each Party shall ensure that suppliers of public telecommunications services of the other Party in the Party's territory, other than suppliers of international public telecommunications services, are afforded non-discriminatory access to telephone numbers.
Section C. Additional Obligations Relating to Major Suppliers
Article 12.4. TREATMENT BY MAJOR SUPPLIERS
Each Party shall ensure that a major supplier in its territory accords suppliers of public telecommunications services of the other Party treatment no less favorable than such major supplier accords to its subsidiaries, its affiliates, or non-affiliated service suppliers regarding:
(a) the availability, provisioning, rates, or quality of like public telecommunications services; and
(b) the availability of technical interfaces necessary for interconnection.
Article 12.5. COMPETITIVE SAFEGUARDS
1. Each Party shall maintain appropriate measures for the purpose of preventing suppliers of public telecommunications services that, alone or together, are a major supplier in its territory from engaging in or continuing anticompetitive practices.
2. The anticompetitive practices referred to in paragraph 1 include in particular:
(a) engaging in anticompetitive cross-subsidization;
(b) using information obtained from competitors with anticompetitive results; and
(c) not making available, on a timely basis, to suppliers of public
telecommunications services, technical information about essential facilities and commercially relevant information that are necessary for them to provide services.
Article 12.6. RESALE
1. Each Party shall ensure that a major supplier in its territory does not impose unreasonable or discriminatory conditions or limitations on the resale of its public telecommunications services.
2. Where a Party requires a major supplier of public telecommunications services in its territory to offer for resale, to suppliers of public telecommunications services of the other Party, public telecommunications services that such major supplier provides at retail to end-users that are not suppliers of public telecommunications services, it shall ensure that such services are offered for resale at reasonable rates.
Article 12.7. UNBUNDLING OF NETWORK ELEMENTS
Each Party shall provide its telecommunications regulatory body the authority to require a major supplier in its territory to offer access to network elements on an unbundled basis on terms and conditions, and at cost-oriented rates, that are reasonable, non-discriminatory, and transparent for the supply of public telecommunications services.
Article 12.8. INTERCONNECTION
General Terms and Conditions
1. Each Party shall ensure that a major supplier in its territory provides interconnection for the facilities and equipment of suppliers of public telecommunications services of the other Party:
(a) at any technically feasible point in the major supplier's network;
(b) under non-discriminatory terms, conditions (including technical standards and specifications), and rates;
(c) of a quality no less favorable than that provided by the major supplier for its own like services, for like services of non-affiliated service suppliers, or for its subsidiaries or other affiliates;
(d) ina timely fashion, and on terms and conditions (including technical standards and specifications), and at cost-oriented rates, that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that the suppliers need not pay for network components or facilities that they do not require for the service to be provided; and
(e) on request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities.
Options for Interconnecting with Major Suppliers
2. Each Party shall ensure that suppliers of public telecommunications networks or services of the other Party may interconnect their facilities and equipment with those of major suppliers in its territory in accordance with at least one of the following:
(a) a reference interconnection offer or another standard interconnection offer containing the rates, terms, and conditions that the major supplier offers generally to suppliers of public telecommunications networks or services;
(b) the terms and conditions of an existing interconnection agreement in effect; or
(c) through negotiation of a new interconnection agreement.
Public Availability of Interconnection Offers and Agreements
3. Each Party shall make publicly available the applicable procedures for interconnection negotiations with a major supplier in its territory.
4. Each Party shall provide a means for suppliers of the other Party to obtain the rates, terms and conditions necessary for interconnection offered by a major supplier. Such means include, at a minimum, ensuring:
(a) the public availability of interconnection agreements in effect between a major supplier in its territory and other suppliers of public telecommunications services in its territory; or
(b) the public availability of rates, terms, and conditions for interconnection with a major supplier set by the telecommunications regulatory body.
Article 12.9. PROVISIONING AND PRICING OF LEASED CIRCUITS SERVICES (2)
1. Each Party shall ensure that a major supplier in its territory provides service suppliers of the other Party leased circuits services that are public telecommunications services on terms and conditions, and at rates, that are reasonable and non-discriminatory.