Cinema operators must project Korean motion pictures for at least 73 days per year at each screen in Korea.
Annex II. Explanatory Notes
1. The Schedule of a Party to this Annex sets out, pursuant to Articles 8.13 (Non-Conforming Measures) and 9.6 (Non-Conforming Measures), the specific sectors, subsectors, or activities for which that Party may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:
(a) Article 8.3 (National Treatment) or 9.2 (National Treatment);
(b) Article 8.4 (Most-Favored-Nation Treatment) or 9.3 (Most-Favored-Nation Treatment);
(c) Article 9.5 (Local Presence);
(d) Article 8.9 (Performance Requirements);
(e) Article 8.10 (Senior Management and Boards of Directors); or
(f) Article 9.4 (Market Access).
2. Each Schedule entry sets out the following elements:
(a) Sector refers to the sector for which the entry is made;
(b) Obligations Concerned specifies the article(s) referred to in paragraph 1 that, pursuant to Articles 8.13.2 (Non-Conforming Measures) and 9.6.2 (Non-Conforming Measures), do not apply to the sectors, subsectors, or activities scheduled in the entry; and
(c) Description sets out the scope of the sectors, subsectors, or activities covered by the entry.
3. In accordance with Articles 8.13.2 (Non-Conforming Measures) and 9.6.2 (Non-Conforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the sectors, subsectors, and activities identified in the Description element of that entry.
4. In the interpretation of a Schedule entry, all elements of the entry shall be considered equally.
5. For greater certainty, Local Presence (Article 9.5) and National Treatment (Article 9.2) are separate disciplines and a measure that is only inconsistent with Local Presence (Article 9.5) need not be reserved against National Treatment (Article 9.2).
Annex II. Schedule of Colombia
Sector: Certain Sectors
Obligations Concerned: Market Access (Article 9.4)
Description: Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure in the following sectors: (a) investigation and security services; (b) research and development services; (c) the establishment of exclusive areas for services incidental to energy distribution in order to ensure universal service; (d) distribution, wholesale and retail services in sectors in which the government establishes a monopoly, pursuant to Article 336 of the Constitución Política de Colombia, the revenue of which is dedicated for public or social services. As of the date of signing of this Agreement, Colombia has in place monopolies only with respect to liquor and gambling; (e) primary and secondary education services, and, with respect to higher education, requirements relating to the specific type of legal entity that may supply such services; (f) environmental services established or maintained for a public purpose; (g) health related and social services, and professional services related to health; (h) libraries, archives and museums; (i) sporting and other recreational services; (j) the number of concessions and the total number of operations for road transportation passenger services; passenger and freight rail transportation services; pipeline transport services; services auxiliary to all modes of transport; and other transport services. For greater certainty, no measure shall be inconsistent with Colombia’s obligations under Article XVI of GATS.
Sector: All Sectors
Obligations Concerned: National Treatment (Article 8.3)
Description: Investment
Colombia reserves the right to adopt or maintain any measure related to ownership of real property by foreigners in border regions, national coasts, or insular territory of Colombia. For purposes of this reservation: (a) border region means a zone of two kilometers in width, parallel to the national border line; (b) national coast means a zone of two kilometers in width, parallel to the line of the highest tide; and (c) insular territory means islands, islets, keys, headlands, and shoals that are part of the territory of Colombia.
Sector: All Sectors
Obligations Concerned: Most-Favored-Nation Treatment (Articles 8.4 and 9.3)
Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement. Colombia reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed after the date of entry into force of this Agreement involving: (a) aviation; (b) fisheries; and (c) maritime matters, including salvage.
Sector: Social Services
Obligations Concerned: National Treatment (Articles 8.3 and 9.2) Most-Favored-Nation Treatment (Articles 8.4 and 9.3) Performance Requirements (Article 8.9) Senior Management and Board of Directors (Article 8.10) Market Access (Article 9.4) Local Presence (Article 9.5)
Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure with respect to the provision of law enforcement and correctional services, and the following services to the extent they are social services established or maintained for a public purpose: social re-adaptation, income security or insurance, social security, social welfare, public training and education, health, and child care. For greater certainty, the social security system (Sistema de Seguridad Social Integral) of Colombia is currently comprised of the following mandatory systems: pensions (Sistema General de Pensiones), health insurance (Sistema General de Seguridad Social en Salud), workers compensation (Sistema General de Riesgos Profesionales), and severance pay (Régimen de Cesantía y Auxilio de Cesantía).
Sector: Issues Related to Minorities and Ethnic Groups
Obligations Concerned: National Treatment (Articles 8.3 and 9.2) Most-Favored-Nation Treatment (Articles 8.4 and 9.3) Performance Requirements (Article 8.9) Senior Management and Board of Directors (Article 8.10) Market Access (Article 9.4) Local Presence (Article 9.5)
Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure according rights or preferences to socially or economically disadvantaged minorities and ethnic groups, including with respect to the communal lands held by ethnic groups in accordance with Art. 63 of the Constitución Política de Colombia. The ethnic groups in Colombia are: indigenous and ROM (gypsy) people, Afro-Colombian communities and the Raizal community of the Archipelago of San Andres, Providencia, and Santa Catalina.
Sector: Cultural Industries and Activities
Obligations Concerned: National Treatment (Articles 8.3 and 9.2) Most-Favored-Nation Treatment (Articles 8.4 and 9.3)
Description: Investment and Cross-Border Trade in Services
For purposes of this entry, the term “cultural industries and activities” means: (a) publication, distribution, or sale of books, magazines, periodical publications, or printed or electronic newspapers, excluding the printing and typesetting of any of the foregoing; (b) production, distribution, sale, or display of recordings of movies or videos; (c) production, distribution, sale, or display of music recordings in audio or video format; (d) production and presentation of performing arts; (e) production and exhibition of visual arts; (f) production, distribution, or sale of printed music scores or scores readable by machines; (g) design, production, distribution, and sale of handicrafts; (h) radiobroadcasts aimed at the public in general, as well as all radio, television, and cable television-related activities; satellite programming services; and broadcasting networks; or (i) design and creation of advertising contents.
Colombia reserves the right to adopt or maintain any measure according preferential treatment to persons of any other country pursuant to any agreement between Colombia and such other country containing specific commitments regarding cultural cooperation or co-production in cultural industries and activities.
Colombia may adopt or maintain any measure that accords a person of another Party treatment equivalent to that accorded by that other Party to Colombian persons in the audiovisual, publishing, or music sector.
Sector: Jewelry Design Performing Arts Music Visual Arts Audiovisuals Publishing
Obligations Concerned: Performance Requirements (Article 8.9) National Treatment (Article 9.2)
Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure conditioning the receipt or continued receipt of government support (1) for the development and production of jewelry design, performing arts, music, visual arts, audiovisuals and publishing on the achievement by the recipient of a given level or percentage of domestic creative content. For the greater certainty, this entry does not apply to advertising and performance requirements shall in all cases be consistent with the WTO Agreement on Trade-Related Investment Measures.
Sector: Handicraft Industries
Obligations Concerned: Performance Requirements (Article 8.9) National Treatment (Article 9.2)
Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure relating to the design, distribution, retailing, or exhibition of handicrafts that are identified as handicrafts of Colombia. For greater certainty, performance requirements shall in all cases be consistent with the WTO Agreement on Trade-Related Investment Measures.
Sector: Audiovisual Services Advertising
Obligations Concerned: Performance Requirements (Article 8.9) National Treatment (Article 9.2)
Description: Investment and Cross-Border Trade in Services
Cinematographic Works
(a) Colombia reserves the right to adopt or maintain any measure requiring that a specified percentage (not to exceed 15 percent) of the total cinematographic works shown on an annual basis in cinemas or exhibition rooms in Colombia consist of Colombian cinematographic works. In establishing such a percentage, Colombia shall take into account national cinematographic production conditions, the existing exhibition infrastructure in the country, and attendance averages.
Cinematographic Works over Free-to-Air Television
(b) Colombia reserves the right to adopt or maintain any measure requiring that a specified percentage (not to exceed 10 percent) of the total cinematographic works shown on an annual basis on free-to-air television channels consist of Colombian cinematographic works. In establishing such a percentage, Colombia shall take into account the availability of national cinematographic works for free-to-air television. Such works will count towards the domestic content requirements applied to the channel as described in the entry on free-to-air television and audio-visual production services on pages 22 and 23, paragraph 5, of Annex I.
Community Television (2)
(c) Colombia reserves the right to adopt or maintain any measure requiring that a specified portion of weekly programming for community television (not to exceed 56 hours per week) consist of national programming produced by the community television operator.
Multichannel Free-to-Air Commercial Television
(d) Colombia reserves the right to impose the minimum programming requirements appearing in the entry on free-to-air television and audio-visual production services on pages 22 and 23, paragraph 5, of Annex I on multichannel free-to-air commercial television, except that such requirements may not be imposed on more than two channels or 25 percent of the total number of channels (whichever is greater) made available by an individual service provider.
Advertising
(e) Colombia reserves the right to adopt or maintain any measure requiring that a specific percentage (not to exceed 20 percent) of total advertising orders placed annually with media services companies established in Colombia, other than newspapers, daily newspapers, and subscription services with headquarters outside Colombia, be produced and created in Colombia. Any such measure shall not apply to: (i) the advertisement in cinemas and exhibition rooms of upcoming movies; and, (ii) any media where the programming or content originates outside Colombia or to the rebroadcast or retransmission of such programming within Colombia.
Sector: Traditional Expressions
Obligations Concerned: National Treatment (Articles 8.3 and 9.2)
Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure according rights or preferences to local communities with respect to the support and development of expressions relating to intangible cultural patrimony declared pursuant to Resolución No. 0168 de 2005. Any such measure shall not be inconsistent with Chapter 15 (Intellectual Property Rights).
Sector: Interactive Audio and Video Services
Obligations Concerned: Performance Requirements (Article 8.9) National Treatment (Article 9.2)
Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain measures to ensure that, upon a finding by the Government of Colombia that Colombian audiovisual content is not readily available to Colombian consumers, access to Colombian audiovisual programming through interactive audio and/or video services is not unreasonably denied to Colombian consumers. Any measure adopted pursuant to the paragraph above shall be implemented in accordance with the provisions of Chapter 18 (Transparency), as well as Article 9.8 (Transparency in Developing and Applying Regulations), as applicable, be based on objective criteria, and be no more trade-restrictive or burdensome than necessary.
Sector: Professional Services
Obligations Concerned: National Treatment (Article 9.2) Most-Favored-Nation Treatment (Article 9.3) Market Access (Article 9.4) Local Presence (Article 9.5)
Description: Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure that would allow a professional, who is a national of the other Party to practice only to the extent that the other Party in which that professional conducts his or her primary practice affords treatment consistent with the obligations referenced in this entry to a Colombian national who otherwise satisfies the relevant authorization, licensing, or certification requirements to practice that profession. Notwithstanding the preceding sentence, Colombia shall permit such professionals who were practicing in its territory prior to the date of entry into force of this Agreement in accordance with Colombian law to continue practicing in accordance with the existing law. For purposes of this entry, the Party in which a professional conducts his or her primary practice is the territory within which the professional was licensed to practice and actually practiced most frequently in the preceding 12-month period. This measure does not apply to a country that has a bilateral agreement in force with Colombia regarding mutual recognition of professional degrees.
Sector: Road and River Transport
Obligations Concerned: Most-Favored-Nation Treatment (Article 9.3)
Description: Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement signed after the date of entry into force of this Agreement involving road and river transport services.
Sector: Selling and marketing of air transport services
Obligations Concerned: National Treatment (Articles 8.3 and 9.2) Market Access (Article 9.4) Local Presence (Article 9.5)
Description: Investment and Cross-Border Trade in Services
Colombia reserves the right to adopt or maintain any measure regarding commissions and/or payments that transporters apply to travel agents and to intermediaries in general.
Annex II. Schedule of Korea
Sector: All Sectors
Obligations Concerned: National Treatment (Articles 8.3 and 9.2) Performance Requirements (Article 8.9) Senior Management and Boards of Directors (Article 8.10) Local Presence (Article 9.5)
Description: Investment
Korea reserves the right to adopt or maintain any measure with respect to the transfer or disposition of equity interests or assets held by state enterprises or governmental authorities. Such a measure shall be implemented in accordance with the provisions of Chapter 18 (Transparency). This entry does not apply to former private enterprises that are owned by the state as a result of corporate reorganization processes. For purposes of this entry: A state enterprise shall include any enterprise created for the sole purpose of selling or disposing of equity interests or assets of state enterprise or governmental authorities. Investment and Cross-Border Trade in Services Without prejudice to Korea’s commitments undertaken in Annex I and Annex II, Korea reserves the right to adopt or maintain any measure with respect to the transfer to the private sector of all or any portion of services provided in the exercise of governmental authority.
Sector: Acquisition of Land
Obligations Concerned: National Treatment (Article 8.3)
Description: Investment
Korea reserves the right to adopt or maintain any measure with respect to the acquisition of land by foreign persons, except that a juridical person shall continue to be permitted to acquire land where the juridical person: 1. is not deemed foreign under Article 2 of the Foreigner’s Land Acquisition Act, and 2. is deemed foreign under the Foreigner’s Land Acquisition Act or is a branch of a foreign juridical person subject to approval or notification in accordance with the Foreigner’s Land Acquisition Act, if the land is to be used for any of the following legitimate business purposes: (a) land used for ordinary business activities; (b) land used for housing for senior management; and (c) land used for fulfilling land-holding requirements stipulated by pertinent laws. Korea reserves the right to adopt or maintain any measure with respect to the acquisition of farmland by foreign persons.
Sector: Firearms, Swords, Explosives, and Similar Items
Obligations Concerned: National Treatment (Articles 8.3 and 9.2) Performance Requirements (Article 8.9) Senior Management and Boards of Directors (Article 8.10) Local Presence (Article 9.5)
Description: Investment and Cross-Border Trade in Services
Korea reserves the right to adopt or maintain any measure with respect to the firearms, swords, explosives, gas sprays, electric shocks, and crossbows sector, including the manufacture, use, sale, storage, transport, import, export, and possession of firearms, swords, explosives, gas sprays, electric shocks, and crossbows.
Sector: Disadvantaged Groups Obligations Concerned: National Treatment (Articles 8.3 and 9.2) Most-Favored-Nation Treatment (Articles 8.4 and 9.3) Performance Requirements (Article 8.9) Senior Management and Boards of Directors (Article 8.10) Local Presence (Article 9.5)
Description: Investment and Cross-Border Trade in Services
Korea reserves the right to adopt or maintain any measure that accords rights or preferences to socially or economically disadvantaged groups, such as PWD (Persons With Disabilities), persons who have rendered distinguished services to the state, and ethnic minorities.
Sector: State-Owned National Electronic/Information System
Obligations Concerned: National Treatment (Articles 8.3 and 9.2) Local Presence (Article 9.5) Performance Requirements (Article 8.9) Senior Management and Boards of Directors (Article 8.10)
Description: Investment and Cross-Border Trade in Services
Korea reserves the right to adopt or maintain any measure affecting the administration and operation of any state-owned electronic information system that contains proprietary government information or information gathered pursuant to the regulatory functions and powers of the government.
Sector: Social Services
Obligations Concerned: National Treatment (Articles 8.3 and 9.2) Most-Favored-Nation Treatment (Articles 8.4 and 9.3) Local Presence (Article 9.5) Performance Requirements (Article 8.9) Senior Management and Boards of Directors (Article 8.10)
Description: Investment and Cross-Border Trade in Services
Korea reserves the right to adopt or maintain any measure with respect to the provision of law enforcement and correctional services, and the following services to the extent that they are social services established or maintained for public purposes: income security or insurance, social security or insurance, social welfare, public training, health, and child care.
Sector: All Sectors
Obligations Concerned: Market Access (Article 9.4)
Description: Cross-Border Trade in Services
Korea reserves the right to adopt or maintain any measure that is not inconsistent with Korea’s obligations under Article XVI of GATS as set out in Korea’s Schedule of Specific Commitments under the GATS (GATS/SC/48, GATS/SC/48/Suppl.1, GATS/SC/48/Suppl.1/Rev.1, GATS/SC/48/Suppl.2, GATS/SC/48/Suppl.3, and GATS/SC/48/Suppl.3/Rev.1) . For purposes of this entry only, Korea’s Schedule is subject to the following modifications: (a) for any sector and subsector with regard to which Korea’s Annex I contains an entry (other than an entry with regard to “All Sectors”) that does not list Market Access as one in the Obligations Concerned element, “None” is inscribed in the Market Access column for modes 1, 2, and 3, and “Unbound except as indicated in the Horizontal commitments section” is inscribed for mode 4; (b) for any sector and subsector with regard to which Korea’s Annex I contains an entry (other than an entry with regard to “All Sectors”) that lists a limitation to the Market Access obligation, that limitation is inscribed in the Market Access column with regard to the appropriate mode of supply; and (c) for any sector and subsector listed in Appendix II-A, Korea’s Schedule is modified as indicated in the Appendix II-A. These modifications shall not affect any limitation relating to sub-paragraph (f) of paragraph 2 of Article XVI of GATS inscribed in the Market Access column of Korea’s Schedule. For greater certainty, an entry of “None” in the Market Access column of Korea’s Schedule shall not be construed to alter the application of Article 9.5 (Local Presence) as modified by Article 9.6 (Non-Conforming Measures).
Sector: All Sectors
Obligations Concerned: Most-Favored-Nation Treatment (Articles 8.4 and 9.3)
Description: Investment and Cross-Border Trade in Services
Korea reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement. Korea reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed after the date of entry into force of this Agreement involving: (a) aviation; (b) fisheries; or (c) maritime matters, including salvage.
Sector: Communication Services - Broadcasting Services
Obligations Concerned: Most-Favored-Nation Treatment (Articles 8.4 and 9.3)
Description: Investment and Cross-Border Trade in Services
Korea reserves the right to adopt or maintain any measure that accords differential treatment to persons of other countries due to the application of reciprocity measures or through international agreements involving sharing of the radio spectrum, guaranteeing market access, or national treatment with respect to the one-way satellite transmission of direct-to-home (DTH) and direct broadcasting satellite (DBS) television services and digital audio services.
Sector: Transportation Services - Railroad Transportation
Obligations Concerned: Most-Favored-Nation Treatment (Articles 8.4 and 9.3)
Description: Investment and Cross-Border Trade in Services
Korea reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed after the date of entry into force of this Agreement involving railroad transportation.
Sector: Environmental Services - Treatment and Supply Services for Potable Water; Collection and Treatment Services for Municipal Sewage; Collection, Transportation, and Disposal Services for Municipal Refuse; Sanitation and Similar Services; Nature and Landscape Protection Services (Except for Environmental Impact Assessment Services)