Article 10. Ex Parte Contacts
1. The arbitration panel shall not meet or contact a Party in the absence of the other Party.
2. No member of the arbitration panel may discuss any aspect of the subject matter of the proceedings with a Party or both Parties in the absence of the other arbitrators.
Article 11. Amicus Curiae Submissions
1. Unless the Parties agree otherwise within three days of the date of the establishment of the arbitration panel, the arbitration panel may receive unsolicited written submissions from interested natural or legal persons of the Parties, provided that they are made within 10 days of the date of the establishment of the arbitration panel, that they are concise and in no case longer than 15 typed pages, including any annexes, and that they are directly relevant to the factual and legal issues under consideration by the arbitration panel.
2. The submission shall contain a description of the person making the submission, whether natural or legal, including its nationality or place of establishment, the nature of its activities and the source of its financing, and specify the nature of the interest that the person has in the arbitration proceeding.
3. The arbitration panel shall list in its ruling all the submissions it has received that conform to paragraphs 1 and 2. The arbitration panel shall not be obliged to address in its ruling the factual or legal arguments made in such submissions. Any submission obtained by the arbitration panel under this Article shall be submitted to the Parties for their comments.
Article 12. Urgent Cases
In cases of urgency referred to in Article 14.7.2, the arbitration panel shall adjust the time limits referred to in this Annex as appropriate.
Article 13. Translation and Interpretation
1. During the consultations referred to in Article 14.3, and no later than the meeting referred to in Article 3.1(b) of this Annex, the Parties shall endeavour to agree on a common working language for the proceedings before the arbitration panel.
2. If the Parties are unable to agree on a common working language, each Party shall expeditiously arrange for and bear the costs of the translation of its written submissions into the language chosen by the other Party and the Party complained against shall arrange for the interpretation of oral submissions into the languages chosen by the Parties.
3. Arbitration panel rulings shall be issued in the language or languages chosen by the Parties.
4. The costs incurred for translation of an arbitration panel ruling shall be borne equally by the Parties. 5. Any Party may provide comments on any translated version of a document drawn up in accordance with this Article.
Article 14. Calculation of Time-Limits
Where, by reason of the application of Article 2.5 of this Annex, a Party receives a document on a date other than the date on which this document is received by the other Party, any period of time that is calculated on the basis of the date of receipt of that document shall be calculated from the last date of receipt of that document.
Article 15. Other Procedures
This Annex is also applicable to procedures established under Articles of 14.9.2, 14.10.2, 14.11.3 and 14.12.2. The time limits laid down in this Annex shall be adjusted in line with the special time limits provided for the adoption of an arbitration panel ruling in those other procedures.
Annex 14-C. CODE OF CONDUCT FOR MEMBERS OF ARBITRATION PANELS AND MEDIATORS
Article 1. Definitions
For the purposes of this Annex:
(a) member or arbitrator means a member of an arbitration panel established under Article 14.5;
(b) mediator means a person who conducts a mediation procedure in accordance with Annex 14 A;
(c) candidate means an individual whose name is on the list of arbitrators referred to in Article 14.18 and who is under consideration for selection as a member of an arbitration panel under Article 14.5;
(d) assistant means a person who, under the terms of appointment of a member, conducts researches or provides assistance to the member;
(e) proceeding, unless otherwise specified, means an arbitration panel proceeding under this Agreement; and
(f) staff, in respect of a member, means persons under the direction and control of the member, other than assistants.
Article 2. Responsibilities to the Process
Every candidate and member shall avoid impropriety and the appearance of impropriety, shall be independent and impartial, shall avoid direct and indirect conflicts of interests and shall observe high standards of conduct so that the integrity and impartiality of the dispute settlement mechanism is preserved. Former members must comply with the obligations established in Articles 6 and 7 of this Annex.
Article 3. Disclosure Obligations
1. Prior to confirmation of his or her selection as a member of the arbitration panel under this Agreement, a candidate shall disclose any interest, relationship or matter that is likely to affect his or her independence or impartiality or that might reasonably create an appearance of impropriety or bias in the proceeding. To this end, a candidate shall make all reasonable efforts to become aware of any such interests, relationships and matters.
2. A candidate or member shall only communicate matters concerning actual or potential violations of this Annex to the Trade Committee for consideration by the Parties.
3. Once selected, a member shall continue to make all reasonable efforts to become aware of any interests, relationships or matters referred to in paragraph 1 and shall disclose them. The disclosure obligation is a continuing duty which requires a member to disclose any such interests, relationships or matters that may arise during any stage of the proceeding. The member shall disclose such interests, relationships or matters by informing the Trade Committee, in writing, for consideration by the Parties.
Article 4. Duties of Members
1. Upon selection a member shall perform his or her duties thoroughly and expeditiously throughout the course of the proceeding with fairness and diligence.
2. A member shall consider only those issues raised in the proceeding and necessary for a ruling and shall not delegate this duty to any other person.
3. A member shall take all appropriate steps to ensure that his or her assistant and staff are aware of, and comply with, Articles 2, 3 and 7 of this Annex.
4. A member shall not engage in ex parte contacts concerning the proceeding.
Article 5. Independence and Impartiality of Members
1. A member must be independent and impartial and avoid creating an appearance of impropriety or bias and shall not be influenced by self-interest, outside pressure, political considerations, public clamour, loyalty to a Party or fear of criticism.
2. A member shall not, directly or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of his or her duties.
3. A member may not use his or her position on the arbitration panel to advance any personal or private interests and shall avoid actions that may create the impression that others are in a special position to influence him or her.
4. A member may not allow financial, business, professional, family or social relationships or responsibilities to influence his or her conduct or judgement.
5. A member must avoid entering into any relationship or acquiring any financial interest that is likely to affect his or her impartiality or that mightreasonably create an appearance of impropriety or bias.
Article 6. Obligations of Former Members
All former members must avoid actions that may create the appearance that they were biased in carrying out their duties or derived advantage from the decision or ruling of the arbitration panel.
Article 7. Confidentiality
1. Neither a member nor a former member shall at any time disclose or use any non-public information concerning a proceeding or acquired during a proceeding except for the purposes of that proceeding and shall, in any case, disclose or use any such information to gain personal advantage or advantage for others or to adversely affect the interest of others.
2. A member shall not disclose an arbitration panel ruling or parts thereof prior to its publication in accordance with this Agreement.
3. A member or former member shall not at any time disclose the deliberations of an arbitration panel or any member's view.
Article 8. Mediators
The disciplines described in this Annex as applying to members or former members shall apply, mutatis mutandis, to mediators.
Chapter FIFTEEN. INSTITUTIONAL, GENERAL AND FINAL PROVISIONS
Article 15.1. Trade Committee
1. The Parties hereby establish a Trade Committee (1) comprising representatives of the United Kingdom and representatives of Korea.
2. The Trade Committee shall meet once a year in London or Seoul alternately or at the request of either Party. The Trade Committee shall be co-chaired by the Minister for Trade of Korea and the Secretary of State for International Trade of the United Kingdom, or their respective designees. The Trade Committee shall agree on its meeting schedule and set its agenda.
3. The Trade Committee shall:
(a) ensure that this Agreement operates properly;
(b) supervise and facilitate the implementation and application of this Agreement, and further its general aims;
(c) supervise the work of all specialised committees, working groups and other bodies established under this Agreement;
(d) consider ways to further enhance trade relations between the Parties;
(e) without prejudice to the rights conferred in Chapter Fourteen (Dispute Settlement) and Annex 14-A (Mediation Mechanism for Non-Tariff Measures), seek appropriate ways and methods of forestalling problems which might arise in areas covered by this Agreement, or of resolving disputes that may arise regarding the interpretation or application of this Agreement;
(f) study the development of trade between the Parties; and
(g) consider any other matter of interest relating to an area covered by this Agreement.
4. The Trade Committee may:
(a) decide to establish and delegate responsibilities to specialised committees, working groups or other bodies;
(b) communicate with all interested parties including private sector and civil society organisations;
(c) consider amendments to this Agreement or amend provisions of this Agreement in cases specifically provided for in this Agreement;
(d) adopt interpretations of the provisions of this Agreement;
(e) make recommendations or adopt decisions as envisaged by this Agreement;
(f) adopt its own rules of procedure; and
(g) take such other action in the exercise of its functions as the Parties may agree.
5. Without prejudice to the rights conferred in Chapter Fourteen (Dispute Settlement) and Annex 14-A (Mediation Mechanism for Non-Tariff Measures), either Party may refer to the Trade Committee any issue relating to the interpretation or application of this Agreement.
6. When a Party submits information considered as confidential under its laws and regulations to the Trade Committee, specialised committees, working groups or any other bodies, the other Party shall treat that information as confidential.
7. Recognising the importance of transparency and openness, the Parties affirm their respective practices of considering the views of members of the public in order to draw on a broad range of perspectives in the implementation of this Agreement.
Article 15.2. Specialised Committees
1. The following specialised committees are hereby established under the auspices of the Trade Committee:
(a) the Committee on Trade in Goods in accordance with Article 2.16 (Committee on Trade in Goods);
(b) the Committee on Sanitary and Phytosanitary Measures in accordance with Article 5.10 (Committee on Sanitary and Phytosanitary Measures);
(c) the Customs Committee in accordance with Article 6.16 (Customs Committee);
(d) the Committee on Trade in Services, Establishment and Electronic Commerce in accordance with Article 7.3 (Committee on Trade in Services, Establishment and Electronic Commerce);
(e) the Committee on Trade and Sustainable Development in accordance with Article 13.12 (Institutional Mechanism); and
(f) the Committee on Outward Processing Zones on the Korean Peninsula in accordance with Annex IV of the Protocol concerning the Definition of "Originating Products" and Methods of Administrative Cooperation.
The remit and tasks of the specialised committees established are defined in the relevant chapters and protocols of this Agreement.
2. The Trade Committee may decide to establish other specialised committees in order to assist it in the performance of its tasks. The Trade Committee shall determine the composition, duties and functioning of the specialised committees established pursuant to this Article.
3. Unless otherwise provided for in this Agreement, the specialised committees shall normally meet, once a year, at an appropriate level, alternately in London or Seoul, or at the request of either Party or of the Trade Committee and shall be co- chaired by representatives of the United Kingdom and Korea. The specialised committees shall agree on their meeting schedule and set their agenda.
4. The specialised committees shall inform the Trade Committee of their schedule and agenda sufficiently in advance of their meetings. They shall report to the Trade Committee on their activities at each regular meeting of the Trade Committee. The creation or existence of a specialised committee shall not prevent either Party from bringing any matter directly to the Trade Committee.
5. The Trade Committee may decide to change or undertake the task assigned to a specialised committee or dissolve any specialised committee.
Article 15.3. Working Groups
1. The following Working Groups are hereby established under the auspices of the Trade Committee:
(a) the Working Group on Motor Vehicles and Parts in accordance with Article 9.2 (Working Group on Motor Vehicles and Parts) of Annex 2-C (Motor Vehicles and Parts);
(b) the Working Group on Pharmaceutical Products and Medical Devices in accordance with Article 5.3 (Regulatory Cooperation) of Annex 2-D (Pharmaceutical Products and Medical Devices);
(c) the Working Group on Chemicals in accordance with paragraph 4 of Annex 2-E (Chemicals);
(d) the Working Group on Trade Remedy Cooperation in accordance with Article 3.16.1 (Working Group on Trade Remedy Cooperation);
(e) the Working Group on MRA in accordance with Article 7.21.6 (Mutual Recognition);
(f) the Working Group on Government Procurement in accordance with Article 9.3 (Government Procurement Working Group); and
(g) the Working Group on Geographical Indications in accordance with Article 10.24 (Working Group on Geographical Indications).
2. The Trade Committee may decide to establish other working groups for a specific task or subject matter. The Trade Committee shall determine the composition, duties and functioning of working groups. Any regular or ad-hoc meetings between the Parties whose work addresses matters covered by this Agreement shall be considered working groups within the meaning of this Article.
3. Unless otherwise provided forin this Agreement, working groups shall meet, at an appropriate level, when circumstances require, or at the request of either Party or of the Trade Committee. They shall be co-chaired by representatives of the United Kingdom and Korea. Working groups shall agree on their meeting schedule and set their agenda.
4. Working groups shall inform the Trade Committee of their schedule and agenda sufficiently in advance of their meetings. They shall report to the Trade Committee on their activities at each regular meeting of the Trade Committee. The creation or existence of a working group shall not prevent either Party from bringing any matter directly to the Trade Committee.
5. The Trade Committee may decide to change or undertake the task assigned to a working group or dissolve any working group.
Article 15.4. Decision-Making
1. The Trade Committee shall, for the purpose of attaining the objectives of this Agreement, have the power to take decisions in respect of all matters in the cases provided by this Agreement.
2. The decisions taken shall be binding on the Parties, which shall take the measures necessary to implement the decisions taken. The Trade Committee may also make appropriate recommendations.
3. The Trade Committee shall draw up its decisions and recommendations by agreement between the Parties.
Article 15.5. Amendments
1. The Parties may agree, in writing, to amend this Agreement. An amendment shall enter into force after the Parties exchange written notifications certifying that they have completed their respective applicable legal requirements and procedures, on such date as the Parties may agree.
2. Notwithstanding paragraph 1, the Trade Committee may decide to amend the Annexes, Appendices, Protocols and Notes to this Agreement. The Parties may adopt the decision subject to their respective applicable legal requirements and procedures.
Article 15.5bis. Subsequent Negotiations
1. The Parties shall commence negotiations, to build on the existing terms of this Agreement and seek further liberalisation, no later than two years, following the date of entry into force of this Agreement.
2. A Party shall give positive consideration to any proposal, by the other Party, of topics to be included in the scope of the negotiations.
3. The Parties shall endeavour to conclude the negotiations within four years of entry into force of this Agreement.
Article 15.6. Contact Points
1. In order to facilitate communication and to ensure the effective implementation of this Agreement, the Parties shall designate co-ordinators upon the entry into force of this Agreement. The designation of co-ordinators is without prejudice to the specific designation of competent authorities under specific chapters of this Agreement.
2. On the request of either Party, the co-ordinator of the other Party shall indicate the office or official responsible for any matter pertaining to the implementation of this Agreement and provide the required support to facilitate communication with the requesting Party.
3. To the extent possible under its legislation, each Party shall provide information through its co-ordinators on the request of the other Party and reply promptly to any question from the other Party relating to an actual or proposed measure that might affect trade between the Parties.
Article 15.7. Taxation
1. This Agreement shall only apply to taxation measures in so far as such application is necessary to give effect to the provisions of this Agreement.
2. Nothing in this Agreement shall affect the rights and obligations of either Party under any tax convention between the United Kingdom and Korea.. In the event of any inconsistency between this Agreement and any such convention, that convention shall prevail to the extent of the inconsistency. In the case of a tax convention between the United Kingdom and Korea, the competent authorities under that convention shall have sole responsibility for jointly determining whether any inconsistency exists between this Agreement and that convention.
3. Nothing in this Agreement shall be construed to prevent the Parties from distinguishing, in the application of the relevant provisions of their fiscal legislation, between taxpayers who are not in the same situation, in particular with regard to their place of residence or with regard to the place where their capital is invested.
4. Nothing in this Agreement shall be construed to prevent the adoption or enforcement of any measure aimed at preventing the avoidance or evasion of taxes pursuant to the tax provisions of agreements to avoid double taxation or other tax arrangements or domestic fiscal legislation.
Article 15.8. Balance-of-Payments Exceptions
1. Where a Party is in serious balance-of-payments and external financial difficulties, or under threat thereof, it may adopt or maintain restrictive measureswith regard to trade in goods, services and establishment.
2. The Parties shall endeavour to avoid the application of the restrictive measures referred to in paragraph 1.
Any restrictive measures adopted or maintained under this Article shall be non-discriminatory, of limited duration, not go beyond what is necessary to remedy the balance-of-payments and external financial situation. They shall be in accordance with the conditions established in the WTO Agreement and consistent with the Articles of Agreement of the International Monetary Fund, as applicable.
3. Any Party maintaining or having adopted restrictive measures, or any changes thereto, shall promptly notify the other Party of them and present, as soon as possible, a time schedule for their removal.
4. Where the restrictions are adopted or maintained, consultation shall be held promptly in the Trade Committee. Such consultation shall assess the balance-of- payments situation of the concerned Party and the restrictions adopted or maintained under this Article, taking into account, inter alia, such factors as:
(a) the nature and extent of the balance-of-payments and the external financial difficulties;
(b) the external economic and trading environment; or
(c) alternative corrective measures which may be available. The consultations shall address the compliance of any restrictive measures with paragraphs 3 and 4. All findings of statistical and other facts presented by the International Monetary Funds (hereinafter referred to as the "IMF") relating to foreign exchange, monetary reserves and balance of payments shall be accepted and conclusions shall be based on the assessment by the IMF of the balance of payments and the external financial situation of the concerned Party.
Article 15.9. Security Exceptions
Nothing in this Agreement shall be construed:
(a) to require any Party to furnish any information, the disclosure of which it considers contrary to its essential security interests;
(b) to prevent any Party from taking any action which it considers necessary for the protection of its essential security interests:
(i) connected with the production of or trade in arms, munitions or war material or relating to economic activities carried out directly or indirectly for the purpose of provisioning a military establishment;
(ii) relating to fissionable and fusionable materials or the materials from which they are derived; or
(iii) taken in time of war or other emergency in international relations; or
(c) to prevent any Party from taking any action in order to carry out its international obligations for the purpose of maintaining international peace and security.
Article 15.10. Entry Into Force
1. This Agreement shall enter into force when the Korea-EU FTA ceases to apply to the United Kingdom, provided that the Parties have notified each other that they have completed their domestic procedures by that date. Otherwise, this Agreement shall enter into force on such date as the Parties may agree.
2. (a) This Agreement shall be provisionally applied from the first day of the month following the date on which the United Kingdom and Korea have notified each other of the completion of their respective relevant procedures or from such other date as the Parties agree.
(b) A Party may terminate provisional application by written notice to the other Party. Such termination shall take effect on the first day of the month following notification.
(c) Where this Agreement is provisionally applied, the term "entry into force of this Agreement" shall be understood to mean the date of provisional application.
Article 15.11. Duration
1. This Agreement shall be valid indefinitely.
2. Either Party may notify in writing the other Party of its intention to denounce this Agreement.
3. The denunciation shall take effect six months after the notification under paragraph 2.
Article 15.12. Fulfilment of Obligations
1. The Parties shall take any general or specific measures required to fulfil their obligations under this Agreement. They shall see to it that the objectives set out in this Agreement are attained. 2. Either Party may immediately take appropriate measures in accordance with international law in case of denunciation of this Agreement not sanctioned by the general rules of international law.