Colombia - Korea, Republic of FTA (2013)
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Title

Free Trade Agreement between the Republic of Korea and the Republic of Colombia

Preamble

The Government of the Republic of Korea (Korea) and the Government of the Republic of Colombia (Colombia), hereinafter referred to as "the Parties":

Strengthening the special bonds of friendship and cooperation between them;

Convinced that a free trade area will create an expanded and secure market for goods and services in their territories and a stable and predictable environment for investment, thus enhancing the competitiveness of their firms in global markets;

Considering the importance of creating opportunities for economic development in light of the differences between the Parties in the level of economic and social development;

Desiring to raise living standards, promote economic growth and stability, create new employment opportunities, and improve the general welfare in their territories by liberalizing and expanding trade and investment between their territories;

Seeking to establish clear and mutually advantageous rules governing their trade and investment and to reduce or eliminate the barriers to trade and investment between their territories;

Resolved to contribute to the harmonious development and expansion of world trade by removing obstacles to trade through the creation of a free trade area and to avoid creating new barriers to trade or investment between their territories that could reduce the benefits of this Agreement;

Recognizing that this Agreement should be implemented with a view to promoting sustainable development in a manner consistent with environmental protection and conservation; and

Building on their respective rights and obligations under the Marrakesh Agreement Establishing the World Trade Organization and other multilateral, regional, and bilateral agreements and arrangements to which they are both parties;

HAVE AGREED as follows:

Body

Chapter One. Initial Provisions and General Definitions

Article 1.1. Establishment of a Free Trade Area

Consistent with Article XXIV of the GATT 1994 and Article V of the GATS, the Parties hereby establish a free trade area in accordance with the provisions of this Agreement.

Article 1.2. Relation to other Agreements

1. The Parties affirm their existing rights and obligations with respect to each other under the WTO Agreement and other agreements to which both Parties are party.

2. In the event of any inconsistency between this Agreement and other agreements to which both Parties are party, this Agreement shall prevail to the extent of the inconsistency, except as otherwise provided in this Agreement.

Article 1.3. Definitions

For purposes of this Agreement, unless otherwise specified:

AD Agreement means the Agreement on Implementation of Article VI of the GATT 1994, contained in Annex 1A to the WTO Agreement;

central level of government means:

(a) for Korea, the central level of government; and

(b) for Colombia, the national level of government (1);

covered investment means, with respect to a Party, an investment, as defined in Article 8.28 (Definitions), in its territory of an investor of the other Party that is in existence as of the date of entry into force of this Agreement or established, acquired, or expanded thereafter;

customs duty includes any duty or charge of any kind imposed on or in connection with the importation of a product of the other Party, including any form of surtax or surcharge imposed on or in connection with such importation, but does not include any:

(a) charge equivalent to an internal tax imposed consistently with Article III:2 of the GATT 1994, or any equivalent provision of a successor agreement to which both Parties are party;

(b) antidumping, countervailing, or safeguard duty that is applied in accordance with a Party's law and consistently with Chapter 7 (Trade Remedies);

(c) fee or other charge in connection with importation commensurate with the cost of services rendered;

(d) premium offered or collected on an imported good arising out of any tendering system in respect of the administration of quantitative import restrictions or tariff rate quotas; and

(e) duty imposed pursuant to any agricultural safeguard measure taken under the Agreement on Agriculture, contained in Annex 1A to the WTO Agreement. Customs Valuation Agreement means the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994, contained in Annex 1A to the WTO Agreement;

days means calendar days;

enterprise means any entity constituted or organized under applicable law, whether or not for profit, and whether privately or governmentally owned or controlled, including any corporation, trust, partnership, sole proprietorship, joint venture, association or similar organization;

enterprise of a Party means an enterprise constituted or organized under a Party's law;

existing means in effect on the date of entry into force of this Agreement;

financial institution means any financial intermediary or other enterprise that is authorized to do business and regulated or supervised as a financial institution under the law of the Party in whose territory it is located;

freely usable currency means "freely usable currency" as determined by the International Monetary Fund under its Articles of Agreement;

GATS means the General Agreement on Trade in Services, contained in Annex 1B to the WTO Agreement;

GATT 1994 means the General Agreement on Tariffs and Trade 1994, contained in Annex 1A to the WTO Agreement;

goods of a Party means domestic products as these are understood in the GATT 1994 or such goods as the Parties may agree, and includes originating goods of that Party;

government procurement means the process by which a government obtains the use of or acquires goods or services, or any combination thereof, for governmental purposes and not with a view to commercial sale or resale or use in the production or supply of goods or services for commercial sale or resale;

Harmonized System (HS) means the Harmonized Commodity Description and Coding System, including its General Rules of Interpretation, Section Notes, and Chapter Notes, as adopted and implemented by the Parties in their respective tariff laws;

Import Licensing Agreement means the Agreement on Import Licensing Procedures, contained in Annex 1A to the WTO Agreement;

Joint Commission means the Joint Commission established under Article 19.1 (Joint Commission);

measure includes any law, regulation, procedure, requirement, or practice; national means:

(a) for Korea, a Korean national within the meaning of the Nationality Act; and

(b) for Colombia, Colombians by birth or naturalization, in accordance with Article 96 of the Colombian Constitution (Constitución Política de Colombia);

originating means qualifying under the rules of origin set out in Chapter 3 (Rules of Origin and Origin Procedures);

person means a natural person or an enterprise;

person of a Party means a national or an enterprise of a Party;

preferential tariff treatment means the duty rate applicable under this Agreement to an originating good;

Safeguards Agreement means the Agreement on Safeguards, contained in Annex 1A to the WTO Agreement;

sanitary or phytosanitary measure means any measure referred to in paragraph 1 of Annex A to the SPS Agreement;

SCM Agreement means the Agreement on Subsidies and Countervailing Measures, contained in Annex 1A to the WTO Agreement;

SPS Agreement means the Agreement on the Application of Sanitary and Phytosanitory Measure, contained in Annex 1A to the WTO Agreement;

state enterprise means an enterprise that is owned, or controlled through ownership interests, by a Party; (2)

TBT Agreement means the Agreement on Technical Barriers to Trade, contained in Annex 1A to the WTO Agreement;

territory means:

(a) for Korea, the land, maritime, and air space over which Korea exercises sovereignty, and those maritime areas, including the seabed and subsoil adjacent to and beyond the outer limit of the territorial seas over which it may exercise sovereign rights or jurisdiction in accordance with its law and international law; and

(b) for Colombia, its land territory, both continental and insular, its airspace and maritime and sub-maritime areas and other elements over which it exercises sovereignty, sovereign rights or jurisdiction in accordance with its Colombian Constitution (Constitución Política de Colombia), its law, and international law including applicable international treaties;

TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual Property Rights, contained in Annex 1C to the WTO Agreement; (3)

WTO means the World Trade Organization; and

WTO Agreement means the Marrakesh Agreement Establishing the World Trade Organization, done on April 15, 1994.

(1) For greater certainty, the Departamentos are part of the local level of government.
(2) For greater certainty, ownership, or control through ownership interests, may be direct or indirect.
(3) For greater certainty, "TRIPS Agreement" includes any waiver in force between the Parties of any provision of the TRIPS Agreement granted by WTO Members in accordance with the WTO Agreement.

Chapter Two. National Treatment and Market Access for Goods

Article 2.1. Scope

Except as otherwise provided in this Agreement, this Chapter shall apply to trade in goods of a Party.

Section A. National Treatment

Article 2.2. National Treatment

1. Each Party shall accord national treatment to the goods of the other Party in accordance with Article III of the GATT 1994, including its interpretative notes, and to this end Article III of the GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis.

2. For greater certainty, the treatment to be accorded by a Party under paragraph 1 means, with respect to a sub-central level of government or authority, treatment no less favorable than the most favorable treatment that a sub-central level of government or authority accords to any like, directly competitive, or substitutable goods, as the case may be, of the Party.

3. Paragraphs 1 and 2 shall not apply to the measures set out in Annex 2.2.

Section B. Elimination of Customs Duties

Article 2.3. Elimination of Customs Duties

1. Except as otherwise provided in this Agreement, neither Party shall increase any existing customs duty, or adopt any new customs duty, on an originating good.

2. Except as otherwise provided in this Agreement, each Party shall progressively eliminate its customs duties on originating goods, in accordance with its Schedule to Annex 2-A.

3. If at any moment after the date of entry into force of this Agreement a Party reduces its applied most favored nation (hereinafter referred to as "MFN") customs duty, such customs duty shall apply only if it is lower than the customs duty calculated in accordance with its Schedule to Annex 2-A.

4. On request of either Party, the Parties shall consult to consider accelerating the elimination of customs duties set out in their Schedules to Annex 2-A. An agreement by the Parties to accelerate the elimination of a customs duty on a good shall supersede any duty rate or staging category determined pursuant to their Schedules to Annex 2-A for that good when approved by each Party in accordance with its applicable legal procedures.

5. For greater certainty, a Party may:

(a) raise a customs duty to the level established in its Schedule to Annex 2-A following a unilateral reduction; or

(b) maintain or increase a customs duty as authorized by the Dispute Settlement Body of the WTO.

6. Either Party may adopt or maintain import measures to allocate in-quota imports made pursuant to a tariff rate quota set out in Appendix 2-A-1, provided that such measures do not have trade restrictive effects on imports additional to those caused by the imposition of the tariff rate quota.

Section C. Special Regimes

Article 2.4. Waiver of Customs Duties

1. Neither Party shall adopt any new waiver of customs duties, or expand with respect to existing recipients or extend to any new recipient the application of an existing waiver of customs duties, where the waiver is conditioned, explicitly or implicitly, on the fulfillment of a performance requirement.

2. Neither Party shall, explicitly or implicitly, condition on the fulfillment of a performance requirement the continuation of any existing waiver of customs duties.

Article 2.5. Temporary Admission of Goods

1. Each Party shall grant duty-free temporary admission for the following goods, regardless of their origin:

(a) professional equipment, including equipment for the press or television, software, and broadcasting and cinematographic equipment, necessary for carrying out the business activity, trade, or profession of a person who qualifies for temporary entry pursuant to the laws of the importing Party;

(b) goods intended for display or demonstration;

(c) commercial samples and advertising films and recordings; and

(d) goods admitted for sports purposes. 

2. Each Party shall, at the request of the person concerned and for reasons its customs authority considers valid, extend the time limit for temporary admission beyond the period initially fixed.

3. Neither Party shall condition the duty-free temporary admission of a good referred to in paragraph 1, other than to require that the good:

(a) be used solely by or under the personal supervision of a national or resident of the other Party in the exercise of business, trade, profession, or sport activities of that person;

(b) not be sold or leased while in its territory;

(c) be accompanied by a security in an amount no greater than the charges that would otherwise be owed on entry or final importation, releasable on exportation of the good;

(d) be capable of identification when exported;

(e) be exported on or before the departure of the person referenced in subparagraph (a), or within such other period related to the purpose of the temporary admission as the Party may establish, or within one year, unless extended;

(f) be admitted in no greater quantity than is reasonable for its intended use; and

(g) be otherwise admissible into the Party's territory under its law.

4. If any condition that a Party imposes under paragraph 3 has not been fulfilled, the Party may apply the customs duty and any other charge that would normally be owed on the good plus any other charges or penalties provided for under its law.

5. Each Party shall adopt and maintain procedures providing for the expeditious release of goods admitted under this Article. To the extent possible, such procedures shall provide that, when such a good accompanies a national or resident of the other Party who is seeking temporary entry, the good shall be released simultaneously with the entry of that national or resident.

6. Each Party shall permit a good temporarily admitted under this Article to be exported through a customs port other than that through which it was admitted.

7. Each Party shall provide that its customs authority or other competent authority relieves the importer or another person responsible for a good admitted under this Article of any liability for failure to export the good on presentation of satisfactory proof to the customs authority of the importing Party that the good has been destroyed within the original period fixed for temporary admission or any lawful extension.

8. Neither Party shall:

(a) prevent a vehicle or container used in international traffic that enters its territory from the territory of the other Party from exiting its territory on any route that is reasonably related to the economic and prompt departure of such vehicle or container;

(b) require any security or impose any penalty or charge solely by reason of any difference between the port of entry and the port of departure of a container;

(c) condition the release of any obligation, including any security, that it imposes in respect of the entry of a container into its territory on its exit through any particular port of departure; and

(d) require that the carrier bringing a container from the territory of the other Party into its territory be the same carrier that takes the container to the territory of the other Party.

Article 2.6. Goods Re-entered after Repair or Alteration

1. Neither Party shall apply a customs duty to a good, regardless of its origin, that reenters its territory after that good has been temporarily exported from its territory to the territory of the other Party for repair or alteration, regardless of whether such repair or alteration:

(a) could be performed in the territory of the Party from which the good was exported for repair or alteration; or

(b) has increased the value of the good.

2. Neither Party shall apply a customs duty to a good, regardless of its origin, admitted temporarily from the territory of the other Party for repair or alteration.

3. For purposes of this Article, "repair or alteration" does not include an operation or process that:

(a) destroys the essential characteristics of a good or creates a new or commercially different good; or

(b) transforms an unfinished good into a finished good.

Article 2.7. Duty-free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials

Each Party shall grant duty-free entry to commercial samples of negligible value, and to printed advertising materials, imported from the territory of the other Party, regardless of their origin, but may require that:

(a) such samples be imported solely for the solicitation of orders for goods, or services provided from the territory, of the other Party or a non-Party; or

(b) such advertising materials be imported in packets that each contains no more than one copy of each such material and that neither such materials nor the packets form part of a larger consignment.

Section C. Non-Tariff Measures

Article 2.8. Import and Export Restrictions

1. Except as otherwise provided in this Agreement, neither Party shall adopt or maintain any prohibition or restriction on the importation of any good of the other Party or on the exportation or sale for export of any good destined for the territory of the other Party, except in accordance with Article XI of the GATT 1994 and its interpretative notes, and to this end Article XI of the GATT 1994 and its interpretive notes are incorporated into and made a part of this Agreement, mutatis mutandis.

2. Paragraph 1 shall not apply to the measures set out in Annex 2.2.

3. The Parties understand that the GATT 1994 rights and obligations incorporated by paragraph 1 prohibit, in any circumstances in which any other form of restriction is prohibited, a Party from adopting or maintaining:

(a) export and import price requirements, except as permitted in enforcement of countervailing and anti-dumping duty orders and undertakings;

(b) import licensing conditioned on the fulfillment of a performance requirement; or

(c) voluntary export restraints inconsistent with Article VI of the GATT 1994, as implemented under Article 18 of the SCM Agreement and Article 8.1 of the AD Agreement.

4. Neither Party shall, as a condition for engaging in importation or for the import of a good, require a person of the other Party to establish or maintain a contractual or other relationship with a distributor in its territory.

5. Nothing in paragraph 4, prevents a Party from requiring the designation of an agent for the purpose of facilitating communications between the regulatory authorities of the Party and a person of the other Party.

6. For purposes of paragraph 4, distributor means a person of a Party who is responsible for the commercial distribution, agency, concession, or representation in the territory of that Party of goods of the other Party.

Article 2.9. Import Licensing

1. Neither Party shall adopt or maintain a measure that is inconsistent with the Import Licensing Agreement.

2. (a) Promptly after this Agreement enters into force, each Party shall notify the other Party of its existing import licensing procedures, if any. The notification shall:

(i) include the information specified in Article 5 of the Import Licensing Agreement; and

(ii) be without prejudice as to whether the import licensing procedure is consistent with this Agreement.

(b) Before applying any new or modified import licensing procedure, a Party shall publish the new procedure or modification on an official government Internet site or in a single official journal. To the extent possible, the Party shall do so at least 20 days before the new procedure or modification takes effect.

3. Neither Party shall apply an import licensing procedure to a good of the other Party unless it has provided notification in accordance with paragraph 2.

Article 2.10. Administrative Fees and Formalities

1. Each Party shall ensure that all fees and charges imposed in connection with importation and exportation shall be consistent with their obligations under Article VIII:1 of the GATT 1994 and its interpretive notes, which are hereby incorporated into and made a part of this Agreement, mutatis mutandis.

2. Neither Party shall require consular transactions, including related fees and charges, in connection with the importation of any good of the other Party.

3. Each Party shall make available and maintain through the Internet a current list of the fees and charges it imposes in connection with importation or exportation.

Article 2.11. Export Duties, Taxes, or other Charges

Except as otherwise provided in Annex 2.11, neither Party may adopt or maintain any duty, tax, or other charge on the export of any good to the territory of the other Party, unless the duty, tax, or charge is also adopted or maintained on the good when destined for domestic consumption.

Page 1 Next page
  • Chapter   One Initial Provisions and General Definitions 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Relation to other Agreements 1
  • Article   1.3 Definitions 1
  • Chapter   Two National Treatment and Market Access for Goods 1
  • Article   2.1 Scope 1
  • Section   A National Treatment 1
  • Article   2.2 National Treatment 1
  • Section   B Elimination of Customs Duties 1
  • Article   2.3 Elimination of Customs Duties 1
  • Section   C Special Regimes 1
  • Article   2.4 Waiver of Customs Duties 1
  • Article   2.5 Temporary Admission of Goods 1
  • Article   2.6 Goods Re-entered after Repair or Alteration 1
  • Article   2.7 Duty-free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials 1
  • Section   C Non-Tariff Measures 1
  • Article   2.8 Import and Export Restrictions 1
  • Article   2.9 Import Licensing 1
  • Article   2.10 Administrative Fees and Formalities 1
  • Article   2.11 Export Duties, Taxes, or other Charges 1
  • Article   2.12 State Trading Enterprises 2
  • Section   E Other Measures 2
  • Article   2.13 Agricultural Safeguard Measures 2
  • Article   214 Agricultural Export Subsidies 2
  • Article   2.15 Andean Price Band System 2
  • Section   F Institutional Provisions 2
  • Article   2.16 Committee on Trade In Goods 2
  • Section   G Definitions 2
  • Article   2.17 Definitions 2
  • Chapter   Three Rules of Origin and Origin Procedures 2
  • Section   A Rules of Origin 2
  • Article   3.1 Originating Goods 2
  • Article   3.2 Wholly Obtained or Produced Goods 2
  • Article   3.3 Regional Value Content 2
  • Article   3.4 Value of Materials 2
  • Article   3.5 Intermediate Goods 2
  • Article   3.6 Accumulation 2
  • Article   3.7 De Minimis 2
  • Article   3.8 Fungible Goods 2
  • Article   3.9 Accessories, Spare Parts, and Tools 2
  • Article   3.10 Sets of Goods 2
  • Article   3.11 Packaging Materials and Containers for Retail Sale 3
  • Article   3.12 Packing Materials and Containers for Shipment 3
  • Article   3.13 Indirect Materials 3
  • Article   3.14 Non-qualifying Operation 3
  • Article   3.15 Direct Transport 3
  • Article   3.16 Principle of Territoriality 3
  • Article   3.17 Consultation and Modification 3
  • Section   B Origin Procedures 3
  • Article   3.18 Certificate of Origin 3
  • Article   31.9 Claims for Preferential Tariff Treatment 3
  • Article   3.20 Post-importation Claims for Preferential Tariff Treatment 3
  • Article   3.21 Waiver of Certificate of Origin 3
  • Article   3.22 Obligations Regarding Exportations 3
  • Article   3.23 Record Keeping Requirements 3
  • Article   3.24 Discrepancies and Formal Errors 3
  • Article   3.25 Origin Verification 3
  • Article   3.26 Denial of Preferential Tariff Treatment 3
  • Article   3.27 Non-party Invoices 3
  • Article   3.28 Uniform Regulations 3
  • Article   3.29 Penalties 3
  • Article   3.30 Definitions 3
  • Chapter   Four Customs Administration and Trade Facilitation 4
  • Section   A Trade Facilitation 4
  • Article   4.1 Objectives and Principles 4
  • Article   4.2 Transparency 4
  • Article   4.3 Harmonization and Facilitation 4
  • Article   4.4 Use of Automated Systems 4
  • Article   4.5 Risk Management 4
  • Article   4.6 Authorized Economic Operator 4
  • Article   4.7 Release of Goods 4
  • Article   4.8 Express Shipments 4
  • Article   4.9 Advance Rulings 4
  • Article   4.10 Review and Appeal 4
  • Section   B Customs Cooperation and Mutual Assistance 4
  • Article   4.11 Customs Cooperation 4
  • Article   4.12 Mutual Administrative Assistance In Customs Matters 4
  • Article   4.13 Form and Substance of Requests for Assistance 4
  • Article   4.14 Execution of Assistance Requests 4
  • Article   4.15 Exceptions to the Obligation to Provide Assistance 4
  • Article   4.16 Information Exchange and Confidentiality 4
  • Article   4.17 Experts and Witnesses 4
  • Article   4.18 Assistance Expenses 4
  • Article   4.19 Bilateral Customs Consultation 4
  • Article   4.20 Confidentiality 4
  • Article   4.21 Customs Committee 5
  • Article   4.22 Implementation 5
  • Section   C Definitions 5
  • Article   4.23 Definitions 5
  • Chapter   Five Sanitary and Phytosanitary Measures 5
  • Article   5.1 Objective 5
  • Article   5.2 Scope 5
  • Article   5.3 Rights and Obligations 5
  • Article   5.4 Risk Assessment 5
  • Article   5.5 Committee on Sanitary and Phytosanitary Measures 5
  • Chapter   Six Technical Barriers to Trade 5
  • Article   6.1 Objectives 5
  • Article   6.2 General Provision 5
  • Article   6.3 Scope of Application 5
  • Article   6.4 International Standards 5
  • Article   6.5 Equivalence of Technical Regulations 5
  • Article   6.6 Conformity Assessment Procedures 5
  • Article   6.7 Transparency 5
  • Article   6.8 Joint Cooperation 5
  • Article   6.9 Committee on Technical Barriers to Trade 5
  • Article   6.10 Information Exchange 5
  • Article   6.11 Definitions 5
  • Article   6.12 Border Control and Market Surveillance 5
  • Chapter   Seven Trade Remedies 5
  • Section   A Safeguard Measures 5
  • Article   7.1 Application of a Safeguard Measure 5
  • Article   7.2 Standards for a Safeguard Measure 5
  • Article   7.3 Provisional Measures 6
  • Article   7.4 Compensation 6
  • Article   7.5 Global Safeguard Measures 6
  • Article   7.6 Definitions 6
  • Section   B Anti-dumping and Countervailing Measures 6
  • Article   7.7 Anti-dumping and Countervailing Measures 6
  • Article   7.8 Notification and Consultations 6
  • Article   7.9 Dispute Settlement 6
  • Chapter   Eight  Investment 6
  • Section   Investment 6
  • Article   8.1 Scope  (1) 6
  • Article   8.2 Relation to other Chapters 6
  • Article   8.3 National Treatment 6
  • Article   8.4 Most-favored-nation Treatment  (2) 6
  • Article   8.5 Minimum Standard of Treatment  (3) 6
  • Article   8.6 Losses and Compensation 6
  • Article   8.7 Expropriation and Compensation  (4) 6
  • Article   8.8 Transfers  (6) 6
  • Article   8.9 Performance Requirements 6
  • Article   8.10 Senior Management and Boards of Directors 7
  • Article   8.11 Investment and Environment 7
  • Article   8.12 Denial of Benefits 7
  • Article   8.13 Non-conforming Measures 7
  • Article   8.14 Special Formalities and Information Requirements 7
  • Article   8.15 Subrogation 7
  • Section   B Investor-State Dispute Settlement 7
  • Article   8.16 Settlement of Investment Disputes between a Party and an Investor of the other Party 7
  • Article   8.17 Consultation and Negotiation 7
  • Article   8.18 Submission of a Claim 7
  • Article   8.19 Consent of Each Party to Arbitration 7
  • Article   8.20 Conditions and Limitations on Consent of Each Party 7
  • Article   8.21 Constitution of an Arbitral Tribunal 7
  • Article   8.22 Conduct of the Arbitration 7
  • Article   8.23 Governing Law 7
  • Article   8.24 Expert Reports 7
  • Article   8.25 Consolidation 7
  • Article   8.26 Awards 7
  • Article   8.27 Service of Documents 7
  • Section   C Definitions 7
  • Article   8.28 Definitions 7
  • Chapter   Nine Cross-border Trade In Services 8
  • Article   9.1 Scope 8
  • Article   9.2 National Treatment 8
  • Article   9.3 Most-favored-nation Treatment  (2) 8
  • Article   9.4 Market Access 8
  • Article   9.5 Local Presence 8
  • Article   9.6 Non-conforming Measures 8
  • Article   9.7 Domestic Regulation 8
  • Article   9.8 Transparency In Developing and Applying Regulations  (6) 8
  • Article   9.9 Recognition 8
  • Article   9.10 Payments and Transfers  (7) 8
  • Article   9.11 Denial of Benefits 8
  • Article   9.12 Work Program on Financial Services 8
  • Article   9.13 Definitions 8
  • Chapter   Ten Temporary Entry for Business Persons 8
  • Article   10.1 General Principles 8
  • Article   10.2 General Obligations 8
  • Article   10.3 Grant of Temporary Entry 8
  • Article   10.4 Provision of Information 8
  • Article   10.5 Working Group 8
  • Article   10.6 Contact Points 8
  • Article   10.7 Dispute Settlement 8
  • Article   10.8 Relation to other Chapters 8
  • Article   10.9 Transparency In Development and Application of Regulations 9
  • Article   10.10 Definitions 9
  • Chapter   Eleven Telecommunications 9
  • Article   11.1 Scope and Coverage 9
  • Section   A Access to and Use of Public Telecommunications Transport Networks and Services 9
  • Article   11.2 Access to and Use of Public Telecommunications Transport Networks and Services  (1) 9
  • Section   B Additional Obligations Relating to Major Suppliers of Public Telecommunications Transport Networks and Services 9
  • Article   11.3 Treatment by Major Suppliers 9
  • Article   11.4 Competitive Safeguards 9
  • Article   11.5 Interconnection 9
  • Article   11.6 Resale 9
  • Article   11.7 Unbundling of Network Elements 9
  • Section   C Other Measures 9
  • Article   11.8 Conditions for the Supply of Value-added Services 9
  • Article   11.9 Independent Regulatory Bodies 9
  • Article   11.10 Universal Service 9
  • Article   11.11 Licensing Process 9
  • Article   11.12 Allocation and Use of Scarce Resources 9
  • Article   1113 Resolution of Telecommunications Disputes  (5) 9
  • Article   11.14 Transparency 9
  • Article   11.15 Relationship to other Chapters 9
  • Article   11.16 Technical Cooperation 9
  • Article   11.17 Definitions 9
  • Chapter   Twelve Electronic Commerce 10
  • Article   12.1 Objectives and Principles 10
  • Article   12.2 Customs Duties 10
  • Article   12.3 Online Personal Data Protection 10
  • Article   12.4 Paperless Trade Administration 10
  • Article   12.5 Consumer Protection 10
  • Article   12.6 Cooperation 10
  • Article   12.7 Relation to other Chapters 10
  • Article   12.8 Definitions 10
  • Chapter   Thirteen Competition and Consumer Policy 10
  • Article   13.1 Objectives 10
  • Article   13.2 Implementation 10
  • Article   13.3 Cooperation 10
  • Article   13.4 Notifications 10
  • Article   13.5 Consultations 10
  • Article   13.6 Technical Assistance 10
  • Article   13.7 Confidentiality 10
  • Article   13.8 Cooperation on Consumer Protection 10
  • Article   13.9 State Enterprises and Designated Monopolies 10
  • Article   13.10 Dispute Settlement 10
  • Article   13.11 Definitions 10
  • Chapter   Fourteen Government Procurement 10
  • Article   14.1 Scope of Application 10
  • Article   14.2 Exceptions 10
  • Article   14.3 General Principles 10
  • Article   14.4 Information on the Procurement System 10
  • Article   14.5 Publication of Notices 10
  • Article   14.6 Conditions for Participation 11
  • Article   14.7 Registration and Qualification of Suppliers 11
  • Article   14.8 Time-period 11
  • Article   14.9 Information on Intended Procurement 11
  • Article   14.10 Limited Tendering 11
  • Article   14.11 Electronic Auctions 11
  • Article   14.12 Treatment of Tenders and Awarding of Contracts 11
  • Article   14.13 Post-award Information 11
  • Article   14.14 Domestic Review Procedures 11
  • Article   14.15 Rectifications and Modifications to Coverage 11
  • Article   14.16 Micro, Small, and Medium Enterprises' Participation 12
  • Article   14.17 Cooperation 12
  • Article   14.18 Committee on Government Procurement 12
  • Article   14.19 Further Negotiations 12
  • Article   14.20 Definitions 12
  • Chapter   Fifteen Intellectual Property Rights 12
  • Article   15.1 Objectives 12
  • Article   15.2 Observance of International Obligations 12
  • Article   15.3 More Extensive Protection 12
  • Article   15.4 Basic Principles 12
  • Article   15.5 General Provisions 12
  • Article   15.6 Trademarks 12
  • Article   15.7 Copyright and Related Rights 12
  • Article   15.8 Enforcement 12
  • Article   15.9 Special Requirements Related to Border Measures 12
  • Article   15.10 Technology Transfer and Cooperation 12
  • Chapter   Sixteen Trade and Sustainable Development 12
  • Article   16.1 Context and Objectives 13
  • Article   16.2 Scope 13
  • Section   A Environment 13
  • Article   16.3 General Principles 13
  • Article   16.4 Specific Commitments 13
  • Article   16.5 Biological Diversity 13
  • Section   B Labor 13
  • Article   16.6 General Principles 13
  • Article   16.7 Specific Commitments 13
  • Section   C General Provisions 13
  • Article   16.8 Enforcement of Laws 13
  • Article   16.9 Procedural Guarantee 13
  • Article   16.10 Transparency 13
  • Article   16.11 Council on Sustainable Development 13
  • Article   1612 Contact Point 13
  • Article   16.13 Consultations 13
  • Section   D Cooperation 13
  • Article   16.14 Cooperation 13
  • Annex 16-A  Cooperation 13
  • Chapter   Seventeen Cooperation 13
  • Article   17.1 Scope and Objectives 13
  • Article   17.2 Methods and Means 13
  • Article   17.3 Agricultural Cooperation 13
  • Article   17.4 Fisheries and Aquaculture Cooperation 13
  • Article   17.5 Forestry Cooperation 13
  • Article   17.6 Maritime Transport Cooperation 13
  • Article   17.7 Information and Communications Technology Cooperation 14
  • Article   17.8 Energy and Mineral Resources Cooperation 14
  • Article   17.9 Small and Medium-sized Enterprises Cooperation 14
  • Article   17.10 Industrial and Commercial Cooperation 14
  • Article   17.11 Science and Technology Cooperation 14
  • Article   17.12 Tourism Cooperation 14
  • Article   17.13 Cultural Cooperation 14
  • Article   17.14 Identification, Development, Follow-up and Monitoring Initiatives of Cooperation 14
  • Chapter   Eighteen Transparency 14
  • Article   18.1 Publication 14
  • Article   18.2 Notification and Provision of Information 14
  • Article   18.3 Administrative Proceedings 14
  • Article   18.4 Review and Appeal 14
  • Article   18.5 Definitions 14
  • Chapter   Nineteen Institutional Provisions 14
  • Article   19.1 Joint Commission 14
  • Article   19.2 Contact Points 15
  • Chapter   Twenty Dispute Settlement 15
  • Article   20.1 Cooperation 15
  • Article   20.2 Scope of Application 15
  • Article   20.3 Choice of Forum 15
  • Article   20.4 Consultations 15
  • Article   20.5 Referral to the Joint Commission 15
  • Article   20.6 Good Offices, Conciliation, or Mediation 15
  • Article   20.7 Establishment of Panel 15
  • Article   20.8 Rules of Procedure 15
  • Article   20.9 Panel Report 15
  • Article   20.10 Implementation of the Final Report 15
  • Article   20.11 Non-implementation and Suspension of Benefits 15
  • Article   20.12 Compliance Review 15
  • Annex 20-A  Code of Conduct 15
  • Annex 20-B  Model Rules of Procedure 15
  • Chapter   Twenty-One Exceptions 16
  • Article   21.1 General Exceptions 16
  • Article   21.2 Essential Security 16
  • Article   21.3 Taxation 16
  • Article   21.4 Disclosure of Information 16
  • Chapter   Twenty-Two Final Provisions 16
  • Article   22.1 Annexes, Appendices, and Footnotes 16
  • Article   22.2 Amendments 16
  • Article   22.3 Amendment of the WTO Agreement 16
  • Article   22.4 Entry Into Force 16
  • Article   22.5 Termination 16
  • Article   22.6 Provisional Application 16
  • Article   22.7 Authentic Texts 16
  • Annex I  Explanatory Notes 16
  • Annex I  Schedule of Colombia 16
  • Annex I  Schedule of Korea 18
  • Annex II  Explanatory Notes 20
  • Annex II  Schedule of Colombia 20
  • Annex II  Schedule of Korea 20