Colombia - Korea, Republic of FTA (2013)
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Foreign investment is not permitted in activities related to the processing, disposition, and disposal of toxic, hazardous, or radioactive waste not produced in Colombia.

Sector: Transportation

Obligations Concerned: Local Presence (Article 9.5)

Measures: Ley 336 de 1996, Arts. 9 y 10 Decreto 149 de 1999, Art. 5

Description: Cross-Border Trade in Services

Suppliers of public transportation services within the territory of Colombia must be enterprises organized under Colombian law and domiciled in Colombia. Only foreign enterprises with an agent or representative domiciled in Colombia and legally responsible for its activities in Colombia may supply multimodal transportation of cargo within and from the territory of Colombia.

Sector: Maritime and Fluvial Transportation

Obligations Concerned: Performance Requirements (Article 8.9) Senior Management and Board of Directors (Article 8.10) National Treatment (Article 9.2) Local Presence (Article 9.5)

Measures: Decreto 804 de 2001, Arts. 2 y 4 inciso 4 C digo de Comercio de 1971, Art. 1455 Decreto Ley 2324 de 1984, Arts. 99, 101 y 124 Ley 658 de 2001, Art. 11 Decreto 1597 de 1988, Art. 23

Description: Investment and Cross-Border Trade in Services

Only enterprises organized under Colombian law using Colombian flag vessels may supply maritime and fluvial transport services between two points within the territory of Colombia (cabotage). All foreign-flagged vessels entering a Colombian port must have a representative legally responsible for their activities in Colombia and domiciled in Colombia. The maritime and fluvial public service of pilotage on Colombian territorial waters may only be performed by Colombian nationals. In Colombian flag vessels and foreign-flagged vessels (except those relating to fishing) that operate in Colombian jurisdictional waters for a period of time longer than six months, continuous or discontinuous, from the date of the issuing of the respective permit, the captain, officials and at least 80 percent of the rest of the crew must be Colombians.

Sector: Port Services

Obligations Concerned: National Treatment (Article 9.2) Market Access (Article 9.4) Local Presence (Article 9.5)

Measures: Ley 1 de 1991, Arts. 5.20 y 6 Decreto 1423 de 1989, Art. 38

Description: Cross-Border Trade in Services

The holder of a concession to supply port services must be organized under Colombian law as a corporation (sociedad anónima) whose corporate objective is the construction, maintenance, and administration of ports. Only Colombian flag vessels may supply port services in Colombian waters. However, in exceptional cases, the Dirección General Marítima may authorize supply of such services by foreign flag vessels if no Colombian vessel has the capacity to supply such service. The authorization will be issued for six months, but may be extended up to one year.

Sector: Air Services

Obligations Concerned: National Treatment (Article 8.3) Performance Requirements (Article 8.9)

Measures: Código de Comercio de 1971, Arts. 1795, 1803 y 1804

Description: Investment

Only Colombian nationals or juridical persons organized under Colombian law may own and maintain real and effective control of an airplane registered to supply commercial air services in Colombia. All air services companies established in Colombia as an agency or branch shall employ Colombian workers in a proportion of no less than 90 percent for their operation in Colombia.

Annex I. Schedule of Korea

Sector: Construction Services

Obligations Concerned: Local Presence (Article 9.5)

Measures: Framework Act on the Construction Industry (Law No. 11015, August 4, 2011), Articles 9 and 10 Enforcement Decree of the Framework Act on the Construction Industry (Presidential Decree No. 23583, February 2, 2012), Article 13 Enforcement Regulations of the Framework Act on the Construction Industry (Ordinance of the Ministry of Land, Transport, and Maritime Affairs No. 397, November 3, 2011), Articles 2 and 3 Information and Communication Construction Business Act (Law No. 10250, April 12, 2010), Article 14 Fire Fighting System Installation Business Act (Law No. 11036, August 4, 2011), Articles 4 and 5 Enforcement Decree of the Fire Fighting System Installation Business Act (Presidential Decree No. 23571, January 31, 2012), Article 2 (Table 1) Enforcement Regulations of the Fire Fighting System Installation Business Act (Ordinance of the Ministry of Public Administration and Security No. 282, February 3, 2012), Article 2

Description: Cross-Border Trade in Services

A person that supplies construction services in Korea must , prior to the signing of the first contract related to such services establish an office in Korea.

Sector: Leasing, Rental, Maintenance, Repair, Sales, and Disposal Services Related to Construction Machinery and Equipment

Obligations Concerned: Local Presence (Article 9.5)

Measures: Construction Machinery Management Act (Law No. 11361, February 22, 2012), Article 21 Enforcement Decree of the Construction Machinery Management Act (Presidential Decree No. 22467, November 2, 2010), Articles 13, 14, 15, and 15-2 Enforcement Regulations of the Construction Machinery Management Act (Ordinance of the Ministry of Land, Transport, and Maritime Affairs No. 266, July 20, 2010), Articles 57 through 63, 65-2, and 65-3

Description: Cross-Border Trade in Services

A person that supplies leasing, rental, maintenance, repair, sales, and disposal services related to construction machinery and equipment must establish an office in Korea.

Sector: Transportation Services - Automobile Maintenance, Repair, Sales, Disposal, and Inspection Services; Automobile License Plate Issuing Services

Obligations Concerned: Market Access (Article 9.4) Local Presence (Article 9.5)

Measures: Automobile Management Act (Law No. 11190, January 17, 2012), Articles 20, 44, 45, and 53 Enforcement Regulations of the Automobile Management Act (Ordinance of the Ministry of Land, Transport, and Maritime Affairs No. 222, February 18, 2010), Articles 7, 8, 83, 87, and 111

Description: Cross-Border Trade in Services

A person that supplies automobile management services (which includes used car sales, maintenance, auto dismantling and recycling services) must establish an office in Korea and obtain authorization from the head of the si/gun/gu (municipal authorities), which is subject to an economic needs test, as appropriate. A person that supplies automobile inspection services that is designated as a “designated repair facility” must establish an office in Korea. A person that supplies license plate manufacturing, delivery, and seal services that is designated as a “license plate issuing agency” must establish an office in Korea.

Sector: Distribution Services - Wholesale and Retail Distribution of Tobacco and Liquor

Obligations Concerned: Market Access (Article 9.4) Local Presence (Article 9.5)

Measures: Tobacco Business Act (Law No. 9932, January 18, 2010), Articles 12, 13, and 16 Enforcement Decree of the Tobacco Business Act (Presidential Decree No. 23349, December 6, 2011), Articles 4 and 5 Enforcement Regulations of the Tobacco Business Act (Ordinance of the Ministry of Strategy and Finance No. 131, March 3, 2010), Articles 5, 7, and 7-3 Liquors Act (Law No. 11134, December 31, 2011), Articles 8 through 10 Enforcement Decree of the Liquors Act (Presidential Decree No. 23598, February 2, 2012), Article 9 Notice of National Tax Service, 2010-13 (April 1, 2010) and 2011-24 (December 31, 2011)

Description: Cross-Border Trade in Services

A person that supplies tobacco wholesale (including importation) or retail distribution services must establish an office in Korea. Only designated tobacco retailers may sell tobacco to retail buyers. The sale of tobacco to retail buyers by mail or in electronic commerce is prohibited. The distance between places of business of tobacco retailers must be at least 50 meters. A person that supplies liquor wholesale distribution services must establish an office in Korea and obtain authorization from the head of the relevant tax office, which is subject to an economic needs test. The sale of liquor by telephone or in electronic commerce is prohibited.

Sector: Agriculture and Livestock

Obligations Concerned: National Treatment (Article 8.3)

Measures: Foreign Investment Promotion Act (Law No. 10801, June 15, 2011), Article 4 Enforcement Decree of the Foreign Investment Promotion Act (Presidential Decree No. 23297, November 16, 2011), Article 5 Consolidated Public Notice for Foreign Investment (No. 2012-220, April 26, 2012, Ministry of Knowledge Economy), Appendix 1

Description: Investment

Foreign persons may not: (i) invest in an enterprise engaged in rice or barley farming; or (ii) hold 50 percent or more of the equity interest of an enterprise engaged in beef cattle farming.

Sector: Business Services - An-gyung-sa (Optician and Optometry) Services

Obligations Concerned: Market Access (Article 9.4) Local Presence (Article 9.5)

Measures: Medical Technicians Act (Law No. 11102, November 22, 2011), Article 12 Enforcement Regulations of the Medical Technicians Act (Ordinance of the Ministry of Health and Welfare No. 124, May 23, 2012), Article 15

Description: Cross-Border Trade in Services

Only a natural person that is a licensed an-gyung-sa (optician or optometrist) that has established an office in Korea may engage in optician or optometry services. An an-gyung-sa (optician or optometrist) may not establish more than one office.

Sector: Wholesale and Retail Distribution Services

Obligations Concerned: Market Access (Article 9.4) Local Presence (Article 9.5)

Measures: Pharmaceutical Affairs Act (Law No. 10788, June 7, 2011), Articles 42 and 45 Decree on the Facility Standards of Pharmacy, Manufacturer, Importer and Distributor of Pharmaceuticals (Presidential Decree No. 23248, October 25, 2011), Articles 6 and 7 Supply, Demand and Distribution of Oriental Medicinal Herbs Regulations (Notice of the Ministry of Health and Welfare No. 2011-118, September 28, 2011), Articles 4 and 13 Medical Devices Act (Law No. 10564, April 7, 2011), Article 15 Enforcement Regulations of the Medical Devices Act (Ordinance of the Ministry of Health and Welfare No. 85, November 25, 2011), Article 19 Functional Foods Act (Law No. 10219, March 31, 2010), Article 6 Enforcement Regulations of the Functional Foods Act (Ordinance of the Ministry of Health and Welfare No. 48, April 1, 2011), Articles 2 and 5 Food Sanitation Act (Law No. 10787, June 7, 2011), Articles 24, 36 and 37 Enforcement Decree of the Food Sanitation Act (Presidential Decree No. 23619, February 3, 2012), Articles 23 and 24 Enforcement Regulations of the Food Sanitation Act (Ordinance of the Ministry of Health and Welfare No. 125, May 31, 2012), Articles 23 and 36 (attached table 14) Act on the Control of Narcotics (Law No. 10786, June 7, 2011), Article 6

Description: Cross-Border Trade in Services

A person that supplies wholesale trade services must establish an office in Korea in order to receive an import business license to supply such services with respect to: (a) pharmaceuticals and related items; (b) medical devices; or (c) functional foods (including dietary supplements). To supply the following services a person must establish an office in Korea: (a) transportation, sales, and preservation (cold storage) of food and food additives; (b) food supply services; (c) food inspection services; or (d) narcotic drug wholesale and retail distribution services. The Minister of Health and Welfare controls the supply and demand of the wholesale distribution of imported designated han-yak-jae (Asian medicinal herbs). Certain liquor-selling bars and the wholesale and retail distribution of narcotics require authorization by the relevant authority.

Sector: Retail Distribution of Pharmaceuticals

Obligations Concerned: Market Access (Article 9.4) Local Presence (Article 9.5)

Measures: Pharmaceutical Affairs Act (Law No. 10788, June 7, 2011), Articles 20 and 21

Description: Cross-Border Trade in Services

A person that supplies pharmaceutical product retail distribution services (including distribution of han-yak-jae (Asian medicinal herbs)) must establish a pharmacy in Korea. That person may not establish more than one pharmacy nor establish in the form of a corporation.

Sector: Transportation Services - Rail Transportation and Incidental Services

Obligations Concerned: Market Access (Article 9.4)

Measures: Railroad Enterprise Act (Law No. 10722, May 24, 2011), Articles 5, 6, 12, and 13 Korea Railroad Corporation Act (Law No. 10580, April 12, 2011), Article 9 Railroad Construction Act (Law No. 10599, April 14, 2011), Article 8 Framework Act on Railroad Industry Development (Law No. 9772, June 9, 2009), Articles 3, 20, 26, and 38 Korea Rail Network Authority Act (Law No. 9391, January 30, 2009), Article 7

Description: Cross-Border Trade in Services

Only the Korea Railroad Corporation may supply railroad transportation services on railroad routes constructed on or before June 30, 2005. Only juridical persons that have obtained authorization from the Minister of Land, Transport, and Maritime Affairs may supply railroad transportation services on railroad routes constructed on or after July 1, 2005. Such authorization is subject to an economic needs test. In case that a person who operates a rail transport service business concludes or revises a contract for joint venture or agreement related to transport, he/she must obtain relevant authorization from the Minister of Land, Transport, and Maritime Affairs. Only the central or local level of government or the Korea Rail Network Authority may supply rail construction services and maintain and repair government-owned rail facilities (including high-speed rail). However, juridical persons that meet the criteria in the Act on Public-Private Partnerships in Infrastructure may supply rail construction services.

Sector: Transportation Services - Passenger Road Transportation Services (not including Taxis and Scheduled Passenger Road Transportation Services)

Obligations Concerned: Local Presence (Article 9.5)

Measures: Passenger Transport Service Act (Law No. 10599, April 14, 2011), Article 4 Enforcement Decree of the Passenger Transport Service Act (Presidential Decree No. 23743, April 20, 2012), Article 3 Enforcement Regulations of the Passenger Transport Service Act (Ordinance of the Ministry of Land, Transport, and Maritime Affairs No. 425, December 30, 2011), Article 11 Tramway Transportation Act (Law No. 11060, September 16, 2011), Article 4 Enforcement Regulations of Tramway Transportation Act (Ordinance of the Ministry of Land, Transport, and Maritime Affairs No. 208, January 11, 2010), Article 3

Description: Cross-Border Trade in Services

A person that supplies passenger road transportation services, not including taxis and scheduled passenger road transportation services, must establish an office in the dang-hae--ji-yeok (relevant geographic area) in Korea.

Sector: Transportation Services - International Maritime Cargo Transportation and Maritime Auxiliary Services

Obligations Concerned: National Treatment (Article 9.2) Market Access (Article 9.4) Local Presence (Article 9.5)

Measures: Maritime Transportation Act (Law No. 10219, March 31, 2010), Articles 24 and 33 Enforcement Regulations of the Maritime Transportation Act (Ordinance of the Ministry of Land, Transport, and Maritime Affairs No. 147, July 1, 2009), Articles 16, 19, 22, and 23 Pilotage Act (Law No. 10801, June 15, 2011), Article 6 Ship Investment Company Act (Law No. 9707, May 22, 2009), Articles 3 and 31

Description: Cross-Border Trade in Services

A person that supplies international maritime cargo transportation and shipping brokerage services must be organized as a Chusik Hoesa (stock company) in Korea. A ship investment company must also be organized as a Chusik Hoesa (stock company) in Korea. Only a Korean national may supply maritime pilotage services.

Sector: Transportation Services - Air Transportation Services

Obligations Concerned: National Treatment (Article 8.3) Senior Management and Boards of Directors (Article 8.10)

Measures: Aviation Act (Law No. 11244, January 26, 2012), Articles 2, 3, 6, 112, 113, 114, 129 and 132 Enforcement Regulations of the Aviation Act (Ordinance of the Ministry of Land, Transport, and Maritime Affairs No. 436, January 18, 2012), Articles 14-2, 15, 278, 278-3, 296-2, 298 and 299

Description: Investment

The following persons may not supply scheduled or non-scheduled domestic air transportation services or supply international air transportation services as Korean air carriers: (a) a foreign national; (b) a foreign government or a foreign gong-gong-dan-che (organization for public purposes); (c) an enterprise organized under foreign law; (d) an enterprise in which any of the persons referred to in subparagraphs (a) through (c) owns 50 percent or more of the equity interest, or has control; or (e) an enterprise organized under Korean law whose dae-pyo-ja (for example, a chief executive officer, president, or similar principal senior officer) is a foreign national or half or more of whose senior management are foreign nationals. A person that owns an aircraft or is authorized to operate a chartered aircraft must register the aircraft with the Minister of Land, Transport, and Maritime Affairs. The persons listed in subparagraphs (a) through (e) are not allowed to register an aircraft. For purposes of this entry, non-scheduled air transportation services include point-to-point transportation services, flight tour services and charter flight services.

Sector: Transportation Services - Aircraft- Use Services

Obligations Concerned: National Treatment (Article 8.3) Senior Management and Boards of Directors (Article 8.10)

Measures: Aviation Act (Law No. 11244, January 26, 2012), Articles 3, 6, and 134 Enforcement Regulations of the Aviation Act (Ordinance of the Ministry of Land, Transport, and Maritime Affairs No. 436, January 18, 2012), Articles 15-2, 298 and 299-2

Description: Investment

A person that supplies aircraft A person that supplies aircraft--sasa--yongyong (use) services(use) services mmust register its selfust register its self--owned owned or chartered aircraft witor chartered aircraft with the h the Minister ofMinister of Land, Transport, and Maritime Affairs.. The The following persons may not registerfollowing persons may not register anan aircraftaircraft:: (a) a foreign national; (b) a foreign government or a foreign gong-gong-dan-che (organization for public purposes); (c) an enterprise organized under foreign law; (d) an enterprise in which any of those referred to in subparagraphs (a) through (c) owns 50 percent or more of the equity interest, or has control; or (e) an enterprise organized under Korean law whose dae-pyo-ja (for example, a chief executive officer, president, or similar principal senior officer) is a foreign national or half or more of whose senior management are foreign nationals. For purposes of this entry, aircraft-sa-yong (use) services are services using an aircraft, and supplied upon request, for hire, other than for passenger or freight transportation, including aerial fire-fighting, forestry fire management, aerial advertising, flight training, aerial mapping, aerial investigation, aerial spraying, aerial photographing and other aerial agricultural activities, aerial inspections and observations, glider towing, parachute jumping, aerial glider towing, parachute jumping, aerial construction, construction, and and heliheli--logginglogging.

Sector: Transportation Services - Road Transportation Support Services

Obligations Concerned: Market Access (Article 9.4) Local Presence (Article 9.5)

Measures: Passenger Transport Service Act (Law No. 10599, April 14, 2011), Articles 36 and 37 Enforcement Regulations of the Passenger Transport Service Act (Ordinance of the Ministry of Land, Transport, and Maritime Affairs No. 425, December 30, 2011), Article 73 Parking Lot Service Act (Law No. 10599, April 14, 2011), Article 12 Road Traffic Act (Law No. 10790, June 8, 2011), Article 36

Description: Cross-Border Trade in Services

A person that supplies parking lot services, bus terminal operation services, or car towing and storage services must establish a place of business in the relevant geographic area in Korea and obtain an authorization from the Minister of Land, Transport, and Maritime Affairs, head of local police, or head of shi/gun, as appropriate, which is subject to an economic needs test.

Sector: Courier Services

Obligations Concerned: Market Access (Article 9.4) Local Presence (Article 9.5)

Measures: Aviation Act (Law No. 11116, December 2, 2012), Article 139 Enforcement Regulations of the Aviation Act (Ordinance of the Ministry of Land, Transport, and Maritime Affairs No. 436, January 18, 2012), Article 306 Truck Transportation Business Act (Law No. 11064, September 16, 2011), Articles 3, 24 and 29 Enforcement Regulations of Truck Transportation Business Act (Ordinance of the Ministry of Land, Transport, and Maritime Affairs No. 430, December 31, 2011), Articles 6, 34 and 41-2

Description: Cross-Border Trade in Services

To supply international courier services that include commercial document delivery services, as specified in Article 3 of the Enforcement Decree of the Postal Services Act, a person must establish an office in Korea. In order to obtain a trucking business license from the Minister of Land, Transport, and Maritime Affairs, a domestic courier services supplier must establish an office in the relevant geographic area. Such a license is subject to an economic needs test.

Sector: Telecommunications Services

Obligations Concerned: National Treatment (Articles 8.3 and 9.2) Market Access (Article 9.4) Local Presence (Article 9.5)

Measures: Telecommunications Business Act (Law No. 10656, May 19, 2011), Articles 6, 7, 8, 21 and 87 Telecommunications Business Act (Law No. 5385, August 28, 1997), Addenda Article 4 Radio Waves Act (Law No. 10393, July 23, 2010), Articles 13 and 20

Description: Investment and Cross-Border Trade in Services

A license for facilities-based public telecommunications services or a registration for non-facilities-based public telecommunications services shall be granted only to a juridical person organized under Korean law. A license for facilities-based public telecommunications services shall not be granted to or held by a juridical person organized under Korean law in which a foreign government, foreign person, or deemed foreign person holds in the aggregate more than 49 percent of the juridical person’s total voting shares. A foreign government, foreign person, or deemed foreign person may not in the aggregate hold more than 49 percent of the total voting shares of a facilities-based supplier of public telecommunications services. In addition, with respect to KT Corporation (KT), a foreign government, foreign person, or deemed foreign person may not be the largest shareholder of KT, except if it holds less than five percent of the total voting shares of KT. A foreign government, or its representative, or a foreign person may not obtain or hold a radio station license. A foreign person may not supply cross-border public telecommunications services into Korea, except through a commercial arrangement with a supplier of public telecommunications services that is licensed in Korea. For purposes of this entry: 

(a) deemed foreign person means a juridical person organized under Korean law in which a foreign government or a foreign person (including a “specially related person” under relevant Korean laws or regulations) is the largest shareholder and holds 15 percent or more of that juridical person’s total voting shares, but does not include a juridical person that holds less than 1 percent of the total voting shares of a facilities-based supplier of public telecommunications services;

(b) consistent with Article 5.2 of the Telecommunications Business Act (Law No. 10656, May 19, 2011), a facilities-based supplier is a supplier that owns transmission facilities;

(c) consistent with Article 5.3 of the Telecommunications Business Act (Law No. 10656, May 19, 2011), a non-facilities-based supplier is a supplier that does not own transmission facilities (but may own a switch, router or multiplexer) and supplies its public telecommunication services through transmission facilities of a licensed facilities-based supplier; and

(d) consistent with Article 2.3 of the Telecommunications Basic Act (Law No. 10139, March 17, 2010), transmission facilities means wireline or wireless transmission facilities (including circuit facilities) that connect transmitting points with receiving points.

Sector: Real Estate Brokerage and Appraisal Services

Obligations Concerned: Local Presence (Article 9.5)

Measures: Act on Duties of a Licensed Real Estate Broker and Filing of Real Estate Transactions (Law No. 10580, April 12, 2011), Article 9 Enforcement Decree of the Act on Duties of a Licensed Real Estate Broker and Filing of Real Estate Transactions (Presidential Decree No. 23086, August 19, 2011), Article 13 Enforcement Regulations of the Act on Duties of a Licensed Real Estate Broker and Filing of Real Estate Transactions (Ordinance of the Ministry of Land, Transport, and Maritime Affairs No. 399, November 8, 2011), Article 4 Public Notice of Values and Appraisal of Real Estate Act (Law No. 10136, March 17, 2010), Article 27 Enforcement Decree of the Public Notice of Values and Appraisal of Real Estate Act (Presidential Decree No. 23488, January 6, 2012), Articles 65, 66, and 68 Enforcement Regulations of the Public Notice of Values and Appraisal of Real Estate Act (Ordinance of the Ministry of Land, Transport, and Maritime Affairs No. 456, April 13, 2012), Articles 25 and 26

Description: Cross-Border Trade in Services

A person that supplies real estate brokerage services or real estate appraisal services must establish an office in Korea.

Sector: Retail, Leasing, Rental and Repair Services Related to Medical Devices

Obligations Concerned: Local Presence (Article 9.5)

Measures: Medical Devices Act (Law No. 10564, April 7, 2011), Articles 16 and 17 Enforcement Regulations of the Medical Devices Act (Ordinance of the Ministry of Health and Welfare No. 85, November 25, 2011), Articles 22 and 24

Description: Cross-Border Trade in Services

A person that supplies retail, leasing, rental, or repair services related to medical devices must establish an office in Korea.

Sector: Rental Services - Automobiles

Obligations Concerned: Local Presence (Article 9.5)

Measures: Passenger Transport Service Act (Law No. 10599, April 14, 2011), Articles 28 and 29 Enforcement Regulations of the Passenger Transport Service Act (Ordinance of the Ministry of Land, Transport, and Maritime Affairs No. 425, December 30, 2011), Article 60

Description: Cross-Border Trade in Services

A person that supplies automobile rental services must establish an office in Korea.

Sector: Scientific Research Services and Sea Map Making Services

Obligations Concerned: National Treatment (Articles 8.3 and 9.2)

Measures: Marine Scientific Research Act (Law No. 8852, February 29, 2008), Articles 6, 7, and 8 Territorial Sea and Contiguous Zone Act (Law No. 10524, April 4, 2011), Article 5

Description: Investment and Cross-Border Trade in Services

A foreign person, a foreign government, or a Korean enterprise owned or controlled by a foreign person that intends to conduct marine scientific research in the territorial waters or exclusive economic zone of Korea must obtain prior authorization or consent from the Minister of Land, Transport, and Maritime Affairs whereas a Korean national or a Korean enterprise not owned or controlled by a foreign person need only to provide notification to the Minister of Land, Transport, and Maritime Affairs.

  • 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