Korea, Republic of - United Kingdom FTA (2019)
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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.

(1) As set out in the Protocol on Cultural Cooperation, the Trade Committee shall have no jurisdiction over the Protocol and the Committee on Cultural Cooperation shall exercise all functions of the Trade Committee as regards that Protocol, where such functions are relevant for the purposes of implementing that Protocol.

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.

  • Chapter   ONE OBJECTIVES AND GENERAL DEFINITIONS 1
  • Article   1.1 Objectives 1
  • Article   1.2 General Definitions 1
  • Article   1.3 References to Legislation 1
  • Chapter   TWO NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 1
  • Section   A COMMON PROVISIONS 1
  • Article   2.1 Objective 1
  • Article   2.2 Scope and Coverage 1
  • Article   2.3 Customs Duty 1
  • Article   2.4 Classification of Goods 1
  • Section   B ELIMINATION OF CUSTOMS DUTIES 1
  • Article   2.5 Elimination of Customs Duties 1
  • Article   2.6 Standstill 1
  • Article   2.7 Administration and Implementation of Tariff-Rate Quotas 1
  • Section   C NON-TARIFF MEASURES 1
  • Article   2.8 National Treatment 1
  • Article   2.9 Import and Export Restrictions 1
  • Article   2.10 Fees and other Charges on Imports or Exports 1
  • Article   2.11 Duties, Taxes or other Fees and Charges on Exports 1
  • Article   2.12 Customs Valuation 1
  • Article   2.13 State Trading Enterprises 1
  • Article   2.14 Elimination of Sectoral Non-Tariff Measures 1
  • Section   D SPECIFIC EXCEPTIONS RELATED TO GOODS 1
  • Article   2.15 General Exceptions 1
  • Article   2.15bis Transitional Provisions  (3) 1
  • Section   E INSTITUTIONAL PROVISIONS 1
  • Article   2.16 Committee on Trade In Goods 1
  • Article   2.17 Special Provisions on Administrative Cooperation 1
  • Chapter   THREE TRADE REMEDIES 1
  • Section   A BILATERAL SAFEGUARD MEASURES 1
  • Article   3.1 Application of a Bilateral Safeguard Measure 1
  • Article   3.2 Conditions and Limitations 1
  • Article   3.3 Provisional Measures 1
  • Article   3.4 Compensation 1
  • Article   3.5 Definitions 1
  • Section   B AGRICULTURAL SAFEGUARD MEASURES 1
  • Article   3.6 Agricultural Safeguard Measures 1
  • Section   C GLOBAL SAFEGUARD MEASURES 2
  • Article   3.7 Global Safeguard Measures 2
  • Section   D ANTI-DUMPING AND COUNTERVAILING DUTIES 2
  • Article   3.8 General Provisions 2
  • Article   3.9 Notification 2
  • Article   3.10 Consideration of Public Interests 2
  • Article   3.11 Investigation after Termination Resulting from a Review 2
  • Article   3.12 Cumulative Assessment 2
  • Article   3.13 De-minimis Standard Applicable to Review 2
  • Article   3.14 Lesser Duty Rule 2
  • Article   3.15 Dispute Settlement 2
  • Section   E INSTITUTIONAL PROVISIONS 2
  • Article   3.16 Working Group on Trade Remedy Cooperation 2
  • Chapter   FOUR TECHNICAL BARRIERS TO TRADE 2
  • Article   4.1 Affirmation of the TBT Agreement 2
  • Article   4 Scope and Definitions 2
  • Article   4.4 Technical Regulations 2
  • Article   4.5 Standards 2
  • Article   4.6 Conformity Assessment and Accreditation 2
  • Article   4.7 Market Surveillance 2
  • Article   4.8 Conformity Assessment Fees 2
  • Article   4.9 Marking and Labelling 2
  • Article   4.10 Co-ordination Mechanism 2
  • Chapter   FIVE SANITARY AND PHYTOSANITARY MEASURES 2
  • Article   5.1 Objective 2
  • Article   5.2 Scope 2
  • Article   5.3 Definition 2
  • Article   5.4 Rights and Obligations 2
  • Article   5.5 Transparency and Exchange of Information 2
  • Article   5.6 International Standards 2
  • Article   5.7 Import Requirements 2
  • Article   5.8 Measures Linked to Animal and Plant Health 2
  • Article   5.9 Cooperation on Animal Welfare 3
  • Article   5.10 Committee on Sanitary and Phytosanitary Measures 3
  • Article   5.11 Dispute Settlement 3
  • Chapter   SIX CUSTOMS AND TRADE FACILITATION 3
  • Article   6.1 Objectives and Principles 3
  • Article   6.2 Release of Goods 3
  • Article   6.3 Simplified Customs Procedure 3
  • Article   6.4 Risk Management 3
  • Article   6.5 Transparency 3
  • Article   6.6 Advance Rulings 3
  • Article   6.7 Appeal Procedures 3
  • Article   6.8 Confidentiality 3
  • Article   6.9 Fees and Charges 3
  • Article   6.10 Pre-Shipment Inspections 3
  • Article   6.11 Post Clearance Audit 3
  • Article   6.12 Customs Valuation 3
  • Article   6.13 Customs Cooperation 3
  • Article   6.14 Mutual Administrative Assistance In Customs Matters 3
  • Article   6.15 Customs Contact Points 3
  • Article   6.16 Customs Committee 3
  • Chapter   SEVEN TRADE IN SERVICES, ESTABLISHMENT AND ELECTRONIC COMMERCE 3
  • Section   A GENERAL PROVISIONS 3
  • Article   7.1 Objective, Scope and Coverage 3
  • Article   7.2 Definitions 3
  • Article   7.3 Committee on Trade In Services, Establishment and Electronic Commerce 3
  • Section   B CROSS-BORDER SUPPLY OF SERVICES 3
  • Article   7.4 Scope and Definitions 3
  • Article   7.5 Market Access 4
  • Article   7.6 National Treatment 4
  • Article   7.7 Lists of Commitments 4
  • Article   7.8 MFN Treatment  (7) 4
  • Section   C ESTABLISHMENT 4
  • Article   7.9 Definitions 4
  • Article   7.10 Scope 4
  • Article   7.11 Market Access 4
  • Article   7.12 National Treatment  (15) 4
  • Article   7.13 Lists of Commitments 4
  • Article   7.14 MFN Treatment  (16) 4
  • Article   7.15 Other Agreements 4
  • Article   7.16 Review of the Investment Legal Framework 4
  • Section   D TEMPORARY PRESENCE OF NATURAL PERSONS FOR BUSINESS 4
  • Article   7.17 Scope and Definitions 4
  • Article   7.18 Key Personnel and Graduate Trainees 4
  • Article   7.19 Business Service Sellers 4
  • Article   7.20 Contractual Service Supplier and Independent Professionals 4
  • Section   E REGULATORY FRAMEWORK 4
  • Subsection   A PROVISIONS OF GENERAL APPLICATION 4
  • Article   7.21 Mutual Recognition 4
  • Article   7.22 Transparency and Confidential Information 5
  • Article   7.23 Domestic Regulation 5
  • Article   7.24 Governance 5
  • Subsection   B COMPUTER SERVICES 5
  • Article   7.25 Computer Services 5
  • Subsection   C POSTAL AND COURIER SERVICES 5
  • Article   7.26 Regulatory Principles 5
  • Subsection   D TELECOMMUNICATIONS SERVICES 5
  • Article   7.27 Scope and Definitions 5
  • Article   7.28 Regulatory Authority 5
  • Article   7.29 Authorisation to Provide Telecommunications Services 5
  • Article   7.30 Competitive Safeguards on Major Suppliers 5
  • Article   7.31 Interconnection 5
  • Article   7.32 Number Portability 5
  • Article   7.33 Allocation and Use of Scarce Resources 5
  • Article   7.34 Universal Service 5
  • Article   7.35 Confidentiality of Information 5
  • Article   7.36 Resolution of Telecommunications Disputes 5
  • Subsection   E FINANCIAL SERVICES 5
  • Article   7.37 Scope and Definitions 5
  • Article   7.38 Prudential Carve-out  (35) 5
  • Article   7.39 Transparency 5
  • Article   7.40 Self-Regulatory Organisations 6
  • Article   7.41 Payment and Clearing Systems 6
  • Article   7.42 New Financial Services 6
  • Article   7.43 Data Processing 6
  • Article   7.44 Specific Exceptions 6
  • Article   7.45 Dispute Settlement 6
  • Article   7.46 Recognition 6
  • Subsection   F INTERNATIONAL MARITIME TRANSPORT SERVICES 6
  • Article   7.47 Scope, Definitions and Principles 6
  • Section   F ELECTRONIC COMMERCE 6
  • Article   7.48 Objective and Principles 6
  • Article   7.49 Cooperation on Regulatory Issues 6
  • Section   G EXCEPTIONS 6
  • Article   7.50 Exceptions 6
  • Annex 7-A  LISTS OF COMMITMENTS 6
  • Annex 7-A-2  UNITED KINGDOM 6
  • LIST OF COMMITMENTS IN CONFORMITY WITH ARTICLE 7.13 (ESTABLISHMENT) 6
  • B  Schedule of Specific Commitments in Establishment  (1) 7
  • Annex 7-B  MFN TREATMENT EXEMPTION 7
  • Annex 7-C  LIST OF MFN EXEMPTIONS. UNITED KINGDOM 7
  • Annex 7-C  LIST OF MFN EXEMPTIONS. KOREA 7
  • Annex 7-D  THE ADDITIONAL COMMITMENT ON FINANCIAL SERVICES 7
  • UNDERSTANDING ON THE KOREAN POSTAL REFORM PLAN  (1) 7
  • UNDERSTANDING CONCERNING SPECIFIC COMMITMENTS ON TELECOMMUNICATIONS SERVICES 7
  • UNDERSTANDING ON REGULATIONS RELATING TO ZONING, URBAN PLANNING AND ENVIRONMENTAL PROTECTION 7
  • UNDERSTANDING ON THE ARTICLE 7.5.2(a) FOOTNOTE 5 7
  • Chapter   EIGHT PAYMENTS AND CAPITAL MOVEMENTS 7
  • Article   8.1 Current Payments 7
  • Article   8.2 Capital Movements 7
  • Article   8.3 Exceptions 8
  • Article   8.4 Safeguard Measures 8
  • Chapter   NINE GOVERNMENT PROCUREMENT 8
  • Article   9.1 General Provisions 8
  • Article   9.2 Scope and Coverage 8
  • Article   9.3 Government Procurement Working Group 8
  • Chapter   TEN INTELLECTUAL PROPERTY 8
  • Section   A GENERAL PROVISIONS 8
  • Article   10.1 Objectives 8
  • Article   10.2 Nature and Scope of Obligations 8
  • Article   10.3 Transfer of Technology 8
  • Section   B STANDARDS CONCERNING INTELLECTUAL PROPERTY RIGHTS 8
  • Subsection   A COPYRIGHT AND RELATED RIGHTS 8
  • Article   10.5 Protection Granted 8
  • Article   10.6 Duration of Authors' Rights 8
  • Article   10.7 Broadcasting Organisations 8
  • Article   10.8 Cooperation on Collective Management of Rights 8
  • Article   10.9 Broadcasting and Communication to the Public 8
  • Article   10.10 Artists' Resale Right In Works of Art 8
  • Article   10.11 Limitations and Exceptions 8
  • Article   10.12 Protection of Technological Measures 8
  • Article   10.13 Protection of Rights Management Information 8
  • Subsection   B TRADEMARKS 8
  • Article   10.14 Registration Procedure 8
  • Article   10.15 International Agreements 8
  • Article   10.16 Exceptions to the Rights Conferred by a Trademark 8
  • Subsection   C GEOGRAPHICAL INDICATIONS  (2) (3) 8
  • Article   10.17 Recognition of Geographical Indications for Agricultural Products and Foodstuffs and Wines 8
  • Article   10.18 Recognition of Specific Geographical Indications for Wines, Aromatised Wines and Spirits  (4) (5) (6) 8
  • Article   10.19 Right of Use 8
  • Article   10.20 Scope of Protection 8
  • Article   10.21 Enforcement of Protection 8
  • Article   10.22 Relationship with Trademarks 9
  • Article   10.23 Addition of Geographical Indications for Protection  (8) 9
  • Article   10.24 Working Group on Geographical Indications 9
  • Article   10.25 Individual Applications for Protection of Geographical Indications 9
  • Subsection   D DESIGNS 9
  • Article   10.26 Protection of Registered Designs 9
  • Article   10.27 Rights Conferred by Registration 9
  • Article   10.28 Protection Conferred to Unregistered Appearance 9
  • Article   10.29 Term of Protection 9
  • Article   10.30 Exceptions 9
  • Article   10.31 Relationship with Copyright 9
  • Subsection   E PATENTS 9
  • Article   10.32 International Agreement 9
  • Article   10.33 Patents and Public Health 9
  • Article   10.34 Extension of the Duration of the Rights Conferred by Patent Protection 9
  • Article   10.35 Protection of Data Submitted to Obtain a Marketing Authorisation for Pharmaceutical Products  (19) 9
  • Article   10.36 Protection of Data Submitted to Obtain a Marketing Authorisation for Plant Protection Products 9
  • Article   10.37 Implementation 9
  • Subsection   F OTHER PROVISIONS 9
  • Article   10.38 Plant Varieties 9
  • Article   10.39 Genetic Resources, Traditional Knowledge and Folklore 9
  • Section   C ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS 9
  • Article   10.40 General Obligations 9
  • Article   10.41 Entitled Applicants 9
  • Subsection   A CIVIL MEASURES, PROCEDURES AND REMEDIES 9
  • Article   10.42 Evidence 9
  • Article   10.43 Provisional Measures for Preserving Evidence 9
  • Article   10.44 Right of Information 9
  • Article   10.45 Provisional and Precautionary Measures 9
  • Article   10.46 Corrective Measures 9
  • Article   10.47 Injunctions 9
  • Article   10.48 Alternative Measures 9
  • Article   10.49 Damages 9
  • Article   10.50 Legal Costs 9
  • Article   10.51 Publication of Judicial Decisions 9
  • Article   10.52 Presumption of Authorship or Ownership 9
  • Subsection   B CRIMINAL ENFORCEMENT 9
  • Article   10.53 Scope of Criminal Enforcement 9
  • Article   10.54 Geographical Indications and Designs Counterfeiting 9
  • Article   10.55 Liability of Legal Persons 10
  • Article   10.56 Aiding and Abetting 10
  • Article   10.57 Seizure 10
  • Article   10.58 Penalties 10
  • Article   10.59 Confiscation 10
  • Article   10.60 Rights of Third Parties 10
  • Subsection   C LIABILITY OF ONLINE SERVICE PROVIDERS 10
  • Article   10.61 Liability of Online Service Providers  (24) 10
  • Article   10.62 Liability of Online Service Providers: "Mere Conduit" 10
  • Article   10.63 Liability of Online Service Providers: "Caching" 10
  • Article   10.64 Liability of Online Service Providers: "Hosting" 10
  • Article   10.65 No General Obligation to Monitor 10
  • Subsection   D OTHER PROVISIONS 10
  • Article   10.66 Border Measures 10
  • Article   10.67 Codes of Conduct 10
  • Article   10.68 Cooperation 10
  • UNDERSTANDING ON FOOTNOTE 14 TO ARTICLE 10.30 OF THE INTELLECTUAL PROPERTY CHAPTER 10
  • Chapter   ELEVEN COMPETITION 10
  • Section   A COMPETITION 10
  • Article   11.1 Principles 10
  • Article   11.2 Definitions 10
  • Article   11.3 Implementation 10
  • Article   11.4 Public Enterprises and Enterprises Entrusted with Special Rights or Exclusive Rights  (2) 10
  • Article   11.5 State Monopolies 10
  • Article   11.6 Cooperation 10
  • Article   11.7 Consultation 10
  • Article   11.8 Dispute Settlement 10
  • Section   B SUBSIDIES 10
  • Article   11.9 Principles 10
  • Article   11.10 Definitions of a Subsidy and Specificity 10
  • Article   11.11 Prohibited Subsidies  (4) (5) 10
  • Article   11.12 Transparency 10
  • Article   11.13 Relation with the WTO Agreement 10
  • Article   11.14 Monitoring and Review 10
  • Article   11.15 Scope 10
  • Chapter   TWELVE TRANSPARENCY 10
  • Article   12.1 Definitions 10
  • Article   12.2 Objective and Scope 10
  • Article   12.3 Publication 10
  • Article   12.4 Enquiries and Contact Points 11
  • Article   12.5 Administrative Proceedings 11
  • Article   12.6 Review and Appeal 11
  • Article   12.7 Regulatory Quality and Performance and Good Administrative Behaviour 11
  • Article   12.8 Non-Discrimination 11
  • Chapter   THIRTHEEN TRADE AND SUSTAINABLE DEVELOPMENT 11
  • Article   13.1 Context and Objectives 11
  • Article   13.2 Scope 11
  • Article   13.3 Right to Regulate and Levels of Protection 11
  • Article   13.4 Multilateral Labour Standards and Agreements 11
  • Article   13.5 Multilateral Environmental Agreements 11
  • Article   13.6 Trade Favouring Sustainable Development 11
  • Article   13.7 Upholding Levels of Protection In the Application and Enforcement of Laws, Regulations or Standards 11
  • Article   13.8 Scientific Information 11
  • Article   13.9 Transparency 11
  • Article   13.10 Review of Sustainability Impacts 11
  • Article   13.11 Cooperation 11
  • Article   13.12 Institutional Mechanism 11
  • Article   13.13 Civil Society Dialogue Mechanism 11
  • Article   13.14 Government Consultations 11
  • Article   13.15 Panel of Experts 11
  • Article   13.16 Dispute Settlement 11
  • Annex 13  COOPERATION ON TRADE AND SUSTAINABLE DEVELOPMENT 11
  • Chapter   FOURTEEN DISPUTE SETTLEMENT 11
  • Section   A OBJECTIVE AND SCOPE 11
  • Article   14.1 Objective 11
  • Article   14.2 Scope 11
  • Section   B CONSULTATIONS 11
  • Article   14 Consultations 11
  • Section   C DISPUTE SETTLEMENT PROCEDURES 11
  • Subsection   A ARBITRATION PROCEDURE 11
  • Article   14.4 Initiation of the Arbitration Procedure 11
  • Article   14.5 Establishment of the Arbitration Panel 11
  • Article   14.6 Interim Panel Report 11
  • Article   14.7 Arbitration Panel Ruling 11
  • Subsection   B COMPLIANCE 11
  • Article   14.8 Compliance with the Arbitration Panel Ruling 11
  • Article   14.9 The Reasonable Period of Time for Compliance 11
  • Article   14.10 Review of Any Measure Taken to Comply with the Arbitration Panel Ruling 11
  • Article   14.11 Temporary Remedies In Case of Non-Compliance 11
  • Article   14.12 Review of Any Measure Taken to Comply after the Suspension of Obligations 12
  • Subsection   C COMMON PROVISIONS 12
  • Article   14.13 Mutually Agreed Solution 12
  • Article   14.14 Rules of Procedure 12
  • Article   14.15 Information and Technical Advice 12
  • Article   14.16 Rules of Interpretation 12
  • Article   14.17 Arbitration Panel Decisions and Rulings 12
  • Section   D GENERAL PROVISIONS 12
  • Article   14.18 List of Arbitrators 12
  • Article   14.19 Relation with WTO Obligations 12
  • Article   14.20 Time Limits 12
  • Annex 14-A  MEDIATION MECHANISM FOR NON-TARIFF MEASURES 12
  • Article   1 Objective 12
  • Article   2 Scope 12
  • Section   A PROCEDURE UNDER THE MEDIATION MECHANISM 12
  • Article   3 Initiation of the Mediation Procedure 12
  • Article   4 Selection of Mediator 12
  • Article   5 Rules of the Mediation Procedure 12
  • Section   B IMPLEMENTATION 12
  • Article   6 Implementation of a Mutually Agreed Solution 12
  • Section   C GENERAL PROVISIONS 12
  • Article   7 Relationship to Dispute Settlement 12
  • Article   8 Time Limits 12
  • Article   9 Costs 12
  • Article   10 Review 12
  • Annex 14-B  RULES OF PROCEDURE FOR ARBITRATION 12
  • Article   1 General Provisions 12
  • Article   2 Notifications 12
  • Article   3 Commencing the Arbitration 12
  • Article   4 Initial Submissions 12
  • Article   5 Working of Arbitration Panels 12
  • Article   6 Replacement 12
  • Article   7 Hearings 12
  • Article   8 Questions In Writing 12
  • Article   9 Confidentiality 12
  • Article   10 Ex Parte Contacts 13
  • Article   11 Amicus Curiae Submissions 13
  • Article   12 Urgent Cases 13
  • Article   13 Translation and Interpretation 13
  • Article   14 Calculation of Time-Limits 13
  • Article   15 Other Procedures 13
  • Annex 14-C  CODE OF CONDUCT FOR MEMBERS OF ARBITRATION PANELS AND MEDIATORS 13
  • Article   1 Definitions 13
  • Article   2 Responsibilities to the Process 13
  • Article   3 Disclosure Obligations 13
  • Article   4 Duties of Members 13
  • Article   5 Independence and Impartiality of Members 13
  • Article   6 Obligations of Former Members 13
  • Article   7 Confidentiality 13
  • Article   8 Mediators 13
  • Chapter   FIFTEEN INSTITUTIONAL, GENERAL AND FINAL PROVISIONS 13
  • Article   15.1 Trade Committee 13
  • Article   15.2 Specialised Committees 13
  • Article   15.3 Working Groups 13
  • Article   15.4 Decision-Making 13
  • Article   15.5 Amendments 13
  • Article   15.5bis Subsequent Negotiations 13
  • Article   15.6 Contact Points 13
  • Article   15.7 Taxation 13
  • Article   15.8 Balance-of-Payments Exceptions 13
  • Article   15.9 Security Exceptions 13
  • Article   15.10 Entry Into Force 13
  • Article   15.11 Duration 13
  • Article   15.12 Fulfilment of Obligations 13
  • Article   15.13 Annexes, Appendices, Protocols and Notes 14
  • Article   15.14 Relation with other Agreements 14
  • Article   15.15 Territorial Application 14
  • Article   15.16 Authentic Texts 14