Korea, Republic of - United Kingdom FTA (2019)
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(c) domestic and international air transport services, whether scheduled or non-scheduled, and services directly related to the exercise of traffic rights, other than:

(i) aircraft repair and maintenance services;

(ii) the selling and marketing of air transport services;

(iii) CRS services; and

(iv) other services auxiliary to air transport services, such as ground handling services, rental service of aircraft with crew and airport management services.

2. Measures affecting the cross-border supply of services include measures affecting:

(a) the production, distribution, marketing, sale and delivery of a service;

(b) the purchase, payment or use of a service;

(c) the access to and use of, in connection with the supply of a service, networks or services which are required by the Parties to be offered to the public generally; and

(d) the presence in a Party's territory of a service supplier of the other Party.

3. For the purposes of this Section:

(a) cross-border supply of services is defined as the supply of a service:

(i) from the territory of a Party into the territory of the other Party; and

(ii) in the territory of a Party to the service consumer of the other Party;

(b) services includes any service in any sector except services supplied in the exercise of governmental authority; and

(c) a service supplied in the exercise of governmental authority means any service which is supplied neither on a commercial basis, nor in competition with one or more service suppliers.

(4) The exclusion of audio-visual services from the scope of this Section is without prejudice to the rights and obligations derived from the Protocol on Cultural Cooperation.

Article 7.5. Market Access

1. With respect to market access through the cross-border supply of services, each Party shall accord to services and service suppliers of the other Party treatment no less favourable than that provided for under the terms, limitations and conditions agreed and specified in the specific commitments contained in Annex 7-A.

2. In sectors where market access commitments are undertaken, the measures which a Party shall not adopt or maintain either on the basis of a regional subdivision or on the basis of its entire territory, unless otherwise specified in Annex 7-A, are defined as:

(a) limitations on the number of service suppliers whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirement of an economic needs test (5);

(b) limitations on the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test; and

(c) limitations on the total number of service operations or on the total quantity of service output expressed in the terms of designated numerical units in the form of quotas or the requirement of an economic needs test (6).

(5) This subparagraph includes measures which require a service supplier of the other Party to have an establishment within the meaning of Article 7.9(a) or to be resident in a Party's territory as a condition for the cross-border supply of services.
(6) This subparagraph does not cover measures of a Party which limit inputs for the cross-border supply of services.

Article 7.6. National Treatment

1. In the sectors where market access commitments are inscribed in Annex 7-A and subject to any conditions and qualifications set out therein, each Party shall accord to services and service suppliers of the other Party, in respect of all measures affecting the cross-border supply of services, treatment no less favourable than that it accords to its own like services and service suppliers.

2. A Party may meet the requirement of paragraph 1 by according to services and service suppliers of the other Party, either formally identical treatment or formally different treatment to that it accords to its own like services and service suppliers.

3. Formally identical or formally different treatment shall be considered to be less favourable if it modifies the conditions of competition in favour of services or service suppliers of a Party compared to like services or service suppliers of the other Party.

4. Specific commitments assumed under this Article shall not be construed to require any Party to compensate for any inherent competitive disadvantages which result from the foreign character of the relevant services or service suppliers.

Article 7.7. Lists of Commitments

1. The sectors liberalised by each Party pursuant to this Section and, by means of reservations, the market access and national treatment limitations applicable to services and service suppliers of the other Party in those sectors are set out in the lists of commitments included in Annex 7-A.

2. Neither Party may adopt new, or more, discriminatory measures with regard to services or service suppliers of the other Party in comparison with treatment accorded pursuant to the specific commitments undertaken in conformity with paragraph 1.

Article 7.8. MFN Treatment  (7)

1. With respect to any measures covered by this Section affecting the cross- border supply of services, unless otherwise provided for in this Article, each Party shall accord to services and service suppliers of the other Party treatment no less favourable than that it accords to like services and service suppliers of any third country in the context of an economic integration agreement signed after the entry into force of this Agreement.

2. Treatment arising from a regional economic integration agreement granted by either Party to services and service suppliers of a third party shall be excluded from the obligation in paragraph 1, only if this treatment is granted under sectoral or horizontal commitments for which the regional economic integration agreement stipulates a significantly higher level of obligations than those undertaken in the context of this Section as set out in Annex 7-B.

3. Notwithstanding paragraph 2, the obligations arising from paragraph 1 shall not apply to treatment granted:

(a) under measures providing for recognition of qualifications, licences or prudential measures in accordance with Article VII of GATS or its Annex on Financial Services;

(b) under any international agreement or arrangement relating wholly or mainly to taxation; or

(c) under measures covered by the MFN exemptions listed in Annex 7- C.

4. This Chapter shall not be so construed as to prevent any Party from conferring or according advantages to adjacent countries in order to facilitate exchanges limited to contiguous frontier zone of services that are both locally produced and consumed.

(7) Nothing in this Article shall be interpreted as extending the scope of this Section.

Section C. ESTABLISHMENT

Article 7.9. Definitions

For the purposes of this Section:

(a) establishment means:

(i) the constitution, acquisition or maintenance of a juridical person (8); or

(ii) the creation or maintenance of a branch or representative office within the territory of a Party for the purpose of performing an economic activity;

(b) investor means any person that seeks to perform or performs an economic activity through setting up an establishment (9);

(c) economic activity includes any activities of an economic nature except activities carried out in the exercise of governmental authority, ie. activities carried out neither on a commercial basis nor in competition with one or more economic operators;

(d) subsidiary of a juridical person of a Party means a juridical person which is effectively controlled by another juridical person of that Party; and

(e) branch of a juridical person means a place of business not having legal personality which has the appearance of permanency, such as the extension of a parent body, has a management and is materially equipped to negotiate business with third parties so that the latter, although knowing that there will, if necessary, be a legal link with the parent body, the head office of which is abroad, do not have to deal directly with such parent body but may transact business at the place of business constituting the extension.

(8) The terms "constitution" and "acquisition" of a juridical person shall be understood as including capital participation in a juridical person with a view to establishing or maintaining lasting economic links.
(9) Where the economic activity is not performed directly by a juridical person but through other forms of establishment such as a branch or a representative office, the investor including the juridical person shall, nonetheless, through such establishment be accorded the treatment provided for investors under this Agreement. Such treatment shall be extended to the establishment through which the economic activity is performed and need not be extended to any other parts of the investor located outside the territory where the economic activity is performed.

Article 7.10. Scope

With a view to improving the investment environment, and in particular the conditions of establishment between the Parties, this Section applies to measures by the Parties affecting establishment (10) in all economic activities with the exception of:

(a) mining, manufacturing and processing (11) of nuclear materials;

(b) production of, or trade in, arms, munitions and war material (12);

(c) audio-visual services (13);

(d) national maritime cabotage; and

(e) domestic and international air transport services, whether scheduled or non-scheduled, and services directly related to the exercise of traffic rights, other than:

(i) aircraft repair and maintenance services;

(ii) the selling and marketing of air transport services;

(iii) CRS services; and

(iv) other services auxiliary to air transport services, such as ground handling services, rental service of aircraft with crew and airport management services.

(10) Investment protection, other than the treatment deriving from Article 7.12, including investor state dispute settlement procedures, is not covered by this Chapter.
(11) For greater certainty, processing of nuclear materials covers all the activities included in the International Standard Industrial Classification of all Economic Activities as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No4, ISIC REV 3.1, 2002 code 2330.
(12) War material is limited to any product which is solely intended and made for military use in connection with the conduct of war or defence activities.
(13) The exclusion of audio-visual services from the scope of this Section is without prejudice to the rights and obligations derived from the Protocol on Cultural Cooperation.

Article 7.11. Market Access

1. With respect to market access through establishment, each Party shall accord to establishments and investors of the other Party treatment no less favourable than that provided for under the terms, limitations and conditions agreed and specified in the specific commitments contained in Annex 7-A.

2. In sectors where market access commitments are undertaken, the measures which a Party shall not adopt or maintain either on the basis of a regional subdivision or on the basis of its entire territory, unless otherwise specified in Annex 7-A, are defined as:

(a) limitations on the number of establishments whether in the form of numerical quotas, monopolies, exclusive rights or other establishment requirements such as economic needs test;

(b) limitations on the total value of transactions or assets in the form of numerical quotas or the requirement of an economic needs test;

(c) limitations on the total number of operations or on the total quantity of output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test (14);

(d) limitations on the participation of foreign capital in terms of maximum percentage limit on foreign shareholdings or the total value of individual or aggregate foreign investment;

(e) measures which restrict or require specific types of legal entity or joint ventures through which an investor of the other Party may perform an economic activity; and

(f) limitations on the total number of natural persons, other than key personnel and graduate trainees as defined in Article 7.17, that may be employed in a particular sector or that an investor may employ and who are necessary for, and directly related to, the performance of the economic activity in the form of numerical quotas or the requirement of an economic needs test.

(14) Subparagraphs (a) through (c) do not cover measures taken in order to limit the production of an agricultural product.

Article 7.12. National Treatment  (15)

1. In the sectors inscribed in Annex 7-A, and subject to any conditions and qualifications set out therein, with respect to all measures affecting establishment, each Party shall accord to establishments and investors of the other Party treatment no less favourable than that it accords to its own like establishments and investors.

2. A Party may meet the requirement of paragraph 1 by according to establishments and investors of the other Party, either formally identical treatment or formally different treatment to that it accords to its own like establishments and investors.

3. Formally identical or formally different treatment shall be considered to be less favourable if it modifies the conditions of competition in favour of establishments or investors of the Party compared to like establishments or investors of the other Party.

4. Specific commitments assumed under this Article shall not be construed to require any Party to compensate for any inherent competitive disadvantages which result from the foreign character of the relevant establishments or investors.

(15) This Article applies to measures governing the composition of boards of directors of an establishment, such as nationality and residency requirements.

Article 7.13. Lists of Commitments

1. The sectors liberalised by each Party pursuant to this Section and, by means of reservations, the market access and national treatment limitations applicable to establishments and investors of the other Party in those sectors are set out in the lists of commitments included in Annex 7-A.

2. Neither Party may adopt new, or more, discriminatory measures with regard to establishments and investors of the other Party in comparison with treatment accorded pursuant to the specific commitments undertaken in conformity with paragraph 1.

Article 7.14. MFN Treatment  (16)

1. With respect to any measures covered by this Section affecting establishment, unless otherwise provided for in this Article, each Party shall accord to establishments and investors of the other Party treatment no less favourable than that it accords to like establishments and investors of any third country in the context of an economic integration agreement signed after the entry into force of this Agreement (17).

2. Treatment arising from a regional economic integration agreement granted by either Party to establishments and investors of third party shall be excluded from the obligation in paragraph 1, only if this treatment is granted under sectoral or horizontal commitments for which the regional economic integration agreement stipulates a significantly higher level of obligations than those undertaken in the context of this Section as set out in Annex 7-B.

3. Notwithstanding paragraph 2, the obligations arising from paragraph 1 shall not apply to treatment granted:

(a) under measures providing for recognition of qualifications, licences or prudential measures in accordance with Article VII of GATS or its Annex on Financial Services;

(b) under any international agreement or arrangement relating wholly or mainly to taxation; or

(c) under measures covered by an MFN exemption listed in Annex 7-C. 4. This Chapter shall not be so construed as to prevent any Party from conferring or according advantages to adjacent countries in order to facilitate exchanges limited to contiguous frontier zone of services that are both locally produced and consumed.

(16) Nothing in this Article shall be interpreted as extending the scope of this Section.
(17) The obligation contained in this paragraph does not extend to the investment protection provisions not covered by this Chapter, including provisions relating to investor-state dispute settlement procedures.

Article 7.15. Other Agreements

Nothing in this Chapter shall be deemed to:

(a) limit the rights of investors of the Parties to benefit from any more favourable treatment provided for in any existing or future international agreement relating to investment to which the United Kingdom and Korea are party; and

(b) derogate from the international legal obligations of the Parties under those agreements that provide investors of the Parties with more favourable treatment than that provided for under this Agreement.

Article 7.16. Review of the Investment Legal Framework

1. With a view to progressively liberalising investments, the Parties shall review the investment legal framework (18), the investment environment and the flow of investment between them consistent with their commitments in international agreements and such review shall commence no later than two years after the entry into force of this Agreement to feed into the subsequent negotiations set out in Article 15.5bis (Subsequent Negotiations).

2. In the context of the review referred to in paragraph 1, the Parties shall assess any obstacles to investment that have been encountered and shall undertake negotiations to address such obstacles, with a view to deepening the provisions of this Chapter, including with respect to general principles of investment protection.

(18) This includes this Chapter and Annexes 7-A and 7-C.

Section D. TEMPORARY PRESENCE OF NATURAL PERSONS FOR BUSINESS

Article 7.17. Scope and Definitions

1. This Section applies to measures of the Parties concerning the entry into, and temporary stay in, their territories of key personnel, graduate trainees, business services sellers, contractual service suppliers and independent professionals subject to Article 7.1.5. 2. For the purposes of this Section:

(a) key personnel means natural persons employed within a juridical person of a Party other than a non profit organisation and who are responsible for the setting up or the proper control, administration and operation of an establishment. Key personnel comprises business visitors responsible for setting up an establishment and intra- corporate transferees;

(i) business visitors means natural persons working in a senior position who are responsible for setting up an establishment. They do not engage in direct transactions with the general public and do not receive remuneration from a source located within the host Party; and

(ii) intra-corporate transferees means natural persons who have been employed by a juridical person of a Party or have been partners in it (other than as majority shareholders) for at least one year and who are temporarily transferred to an establishment (including subsidiaries, affiliates or branches) in the territory of the other Party. The natural person concerned shall belong to one of the following categories.

Managers

Natural persons working in a senior position within a juridical person, who primarily direct the management of the establishment, receiving general supervision or direction principally from the board of directors or shareholders of the business or their equivalents, including:

(A) directing the establishment or a department or sub- division thereof;

(B) supervising and controlling the work of other supervisory, professional or managerial employees; and

(C) having the authority personally to recruit and dismiss or recommend recruiting, dismissing or other personnel actions.

Specialists

Natural persons working within a juridical person who possess uncommon knowledge essential to the establishment's production, research equipment, techniques or management. In assessing such knowledge, account will be taken not only of knowledge specific to the establishment, but also of whether the person has a high level of qualification referring to a type of work or trade requiring specific technical knowledge, including membership of an accredited profession.

(b) graduate trainees means natural persons who have been employed by a juridical person of a Party for at least one year, who possess a university degree and who are temporarily transferred to an establishment in the territory of the other Party for career development purposes or to obtain training in business techniques or methods (19);

(c) business service sellers means natural persons who are representatives of a service supplier of a Party secking temporary entry into the territory of the other Party for the purpose of negotiating the sale of services or entering into agreements to sell services for that service supplier. They do not engage in making direct sales to the general public and do not receive remuneration from a source located within the host Party;

(d) contractual service suppliers means natural persons employed by a juridical person of a Party which has no establishment in the territory of the other Party and which has concluded a bona fide contract to supply services with a final consumer in the latter Party requiring the presence on a temporary basis of its employees in that Party in order to fulfil the contract to provide services (20) and

(e) independent professionals means natural persons engaged in the supply of a service and established as self-employed in the territory of a Party who have no establishment in the territory of the other Party and who have concluded a bona fide contract to supply services with a final consumer in the latter Party requiring their presence on a temporary basis in that Party in order to fulfil the contract to provide services (21).

(19) The recipient establishment may be required to submit a training programme covering the duration of stay for prior approval, demonstrating that the purpose of the stay is for training corresponding to the level of a university degree.
(20) The service contract referred to under this subparagraph shall comply with the laws, regulations and requirements of the Party where the contract is executed.
(21) The service contract referred to under this subparagraph shall comply with the laws, regulations and requirements of the Party where the contract is executed.

Article 7.18. Key Personnel and Graduate Trainees

1. For every sector liberalised in accordance with Section C and subject to any reservations listed in Annex 7-A, each Party shall allow investors of the other Party to transfer to their establishment natural persons of that other Party, provided that such employees are key personnel or graduate trainees as defined in Article 7.17. The temporary entry and stay of key personnel and graduate trainees shall be permitted for a period of up to three years for intra-corporate transferees (22), 90 days in any 12-month period for business visitors (23), and one year for graduate trainees.

2. For every sector liberalised in accordance with Section C, the measures which a Party shall not maintain or adopt, unless otherwise specified in Annex 7-A, are defined as limitations on the total number of natural persons that an investor may transfer as key personnel or graduate trainees in a specific sector in the form of numerical quotas or a requirement of an economic needs test and as discriminatory limitations (24).

(22) A Party may authorise an extension for the period allowed in conformity with the laws and regulations in force in its territory.
(23) This paragraph is without prejudice to the rights and obligations deriving from bilateral visa waiver agreements between Korea and the United Kingdom.
(24) Unless otherwise provided in Annex 7-A, neither Party may require that an establishment appoints to senior management positions natural persons of any particular nationality or having residency in its territory.

Article 7.19. Business Service Sellers

For every sector liberalised in accordance with Section B or C and subject to any reservations listed in Annex 7-A, each Party shall allow the temporary entry and stay of business service sellers for a period of up to 90 days in any 12-month period (25).

(25) This Article is without prejudice to the rights and obligations deriving from bilateral visa waiver agreements between Korea and the United Kingdom.

Article 7.20. Contractual Service Supplier and Independent Professionals

1. The Parties reaffirm their respective obligations arising from their commitments under the GATS as regards the temporary entry and stay of contractual service suppliers and independent professionals.

2. No later than two years after the conclusion of the negotiations pursuant to Article XIX of GATS and to the Ministerial Declaration of the WTO Ministerial Conference adopted on 14 November 2001, the Trade Committee shall adopt a decision containing a list of commitments concerning the access of contractual service suppliers and independent professionals of a Party to the territory of the other Party. Taking into account the results of those GATS negotiations, the commitments shall be mutually beneficial and commercially meaningful.

Section E. REGULATORY FRAMEWORK

Subsection A. PROVISIONS OF GENERAL APPLICATION

Article 7.21. Mutual Recognition

1. Nothing in this Chapter shall prevent a Party from requiring that natural persons possess the necessary qualifications and/or professional experience specified in the territory where the service is supplied, for the sector of activity concerned.

2. The Parties shall encourage the relevant representative professional bodies in their respective territories to jointly develop and provide recommendations on mutual recognition to the Trade Committee, for the purpose of the fulfilment, in whole or in part, by service suppliers and investors in services sectors, of the criteria applied by each Party for the authorisation, licensing, operation and certification of service suppliers and investors in services sectors and, in particular, professional services, including temporary licensing.

3. On receipt of a recommendation referred to in paragraph 2, the Trade Committee shall, within a reasonable time, review the recommendation with a view to determining whether it is consistent with this Agreement.

4. When, in conformity with the procedure set out in paragraph 3, a recommendation referred to in paragraph 2 has been found to be consistent with this Agreement and there is a sufficient level of correspondence between the relevant regulations of the Parties, the Parties shall, with a view to implementing that recommendation, negotiate, through their competent authorities, an agreement on mutual recognition (hereinafter referred to as an "MRA") of requirements, qualifications, licences and other regulations.

5. Any such agreement shall be in conformity with the relevant provisions of the WTO Agreement and, in particular, Article VII of GATS.

6. The Working Group on MRA established pursuant to Article 15.3.1 (Working Groups) shall operate under the Trade Committee and shall comprise representatives of the Parties. With a view to facilitating the activities referred to in paragraph 2, the Working Group shall meet within one year of the entry into force of this Agreement, unless the Parties agree otherwise.

(a) The Working Group should consider, for services generally, and as appropriate for individual services, the following matters:

(i) procedures for encouraging the relevant representative bodies in their respective territories to consider their interest in mutual recognition; and

(ii) procedures for fostering the development of recommendations on mutual recognition by the relevant representative bodies.

(b) The Working Group shall function as a contact point for issues relating to mutual recognition raised by relevant professional bodies of either Party.

  • 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