EU - Korea, Republic of FTA (2010)
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(1) The recipient establishment may be required to submit a training programme covering the duration of stay for prior approval, demonstrating that the purpose of the stay is for training corresponding to the level of a university degree.

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

(d) contractual service suppliers means natural persons employed by a juridical person of a Party which has no establishment in the territory of the other Party and which has concluded a bona fide contract to supply services with a final consumer in the latter Party requiring the presence on a temporary basis of its employees in that Party in order to fulfil the contract to provide services (1); and

(1) The service contract referred to under this subparagraph shall comply with the laws, regulations and requirements of the Party where the contract is executed.

(e) independent professionals means natural persons engaged in the supply of a service and established as self-employed in the territory of a Party who have no establishment in the territory of the other Party and who have concluded a bona fide contract to supply services with a final consumer in the latter Party requiring their presence on a temporary basis in that Party in order to fulfil the contract to provide services (2).

(2) The service contract referred to under this subparagraph shall comply with the laws, regulations and requirements of the Party where the contract is executed.

Article 7.18. Key Personnel and Graduate Trainees

1. For every sector liberalised in accordance with Section C and subject to any reservations listed in Annex 7-A, each Party shall allow investors of the other Party to transfer to their establishment natural persons of that other Party, provided that such employees are key personnel or graduate trainees as defined in Article 7.17. The temporary entry and stay of key personnel and graduate trainees shall be permitted for a period of up to three years for intra-corporate transferees (3), 90 days in any 12 month period for business visitors (4), and one year for graduate trainees.

(3) A Party may authorise an extension for the period allowed in conformity with the laws and regulations in force in its territory.
(4) This paragraph is without prejudice to the rights and obligations deriving from bilateral visa waiver agreements between Korea and one of the Member States of the European Union.

2. For every sector liberalised in accordance with Section C, the measures which a Party shall not maintain or adopt, unless otherwise specified in Annex 7-A, are defined as limitations on the total number of natural persons that an investor may transfer as key personnel or graduate trainees in a specific sector in the form of numerical quotas or a requirement of an economic needs test and as discriminatory limitations (1).

(1) Unless otherwise provided in Annex 7-A, neither Party may require that an establishment appoints to senior management positions natural persons of any particular nationality or having residency in its territory.

Article 7.19. Business Service Sellers

For every sector liberalised in accordance with Section B or C and subject to any reservations listed in Annex 7-A, each Party shall allow the temporary entry and stay of business service sellers for a period of up to 90 days in any 12 month period (2).

(2) This Article is without prejudice to the rights and obligations deriving from bilateral visa waiver agreements between Korea and one of the Member States of the European Union.

Article 7.20. Contractual Service Supplier and Independent Professionals

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

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

Section E. Regulatory Framework

Subsection A. Provisions of General Application

Article 7.21. Mutual Recognition

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

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

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

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

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

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

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

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

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

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

Article 7.22. Transparency and Confidential Information

The Parties, through the mechanisms established pursuant to Chapter Twelve (Transparency), shall respond promptly to all requests by the other Party for specific information on:

(a) international agreements or arrangements, including on mutual recognition, which pertain to or affect matters falling under this Chapter, and

(b) standards and criteria for licensing and certification of service suppliers, including information concerning the appropriate regulatory or other body to consult regarding such standards and criteria. Such standards and criteria include requirements regarding education, examination, experience, conduct and ethics, professional development and re-certification, scope of practice, local knowledge and consumer protection.

2. Nothing in this Agreement shall require any Party to provide confidential information, the disclosure of which would impede law enforcement, or otherwise be contrary to the public interests, or which would prejudice legitimate commercial interests of particular enterprises, public or private.

3. Each Party's regulatory authorities shall make publicly available the requirements, including any documentation required, for completing applications relating to the supply of services.

4. On the request of an applicant, a Party's regulatory authority shall inform the applicant of the status of its application. If the authority requires additional information from the applicant, it shall notify the applicant without undue delay.

5. On the request of an unsuccessful applicant, a regulatory authority that has denied an application shall, to the extent possible, inform the applicant of the reasons for denial of the application.

6. A Party's regulatory authority shall make an administrative decision on a completed application of an investor or a cross-border service supplier of the other Party relating to the supply of a service within 120 days, and shall promptly notify the applicant of the decision. An application shall not be considered complete until all relevant hearings are held and all necessary information is received. Where it is not possible for a decision to be made within 120 days, the regulatory authority shall notify the applicant without undue delay and shall endeavour to make the decision within a reasonable period of time thereafter.

Article 7.23. Domestic Regulation

1. Where authorisation is required for the supply of a service or for establishment on which a specific commitment has been made, the competent authorities of a Party shall, within a reasonable period of time after the submission of an application considered complete under domestic laws and regulations, inform the applicant of the decision concerning the application. At the request of the applicant, the competent authorities of the Party shall provide, without undue delay, information concerning the status of the application.

2. Each Party shall institute or maintain judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected investor or service supplier, for a prompt review of, and where justified, appropriate remedies for, administrative decisions affecting establishment, cross-border supply of services or temporary presence of natural persons for business purpose. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, the Parties shall ensure that the procedures in fact provide for an objective and impartial review.

3. With a view to ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements do not constitute unnecessary barriers to trade in services, while recognising the right to regulate and to introduce new regulations on the supply of services in order to meet public policy objectives, each Party shall endeavour to ensure, as appropriate for individual sectors, that such measures are:

(a) based on objective and transparent criteria, such as competence and the ability to supply the service; and

(b) in the case of licensing procedures, not in themselves a restriction on the supply of the service.

4. This Article shall be amended, as appropriate, after consultations between the Parties, to bring under this Agreement the results of the negotiations pursuant to paragraph 4 of Article VI of GATS or the results of any similar negotiations undertaken in other multilateral fora in which both Parties participate once they become effective.

Article 7.24. Governance

Each Party shall, to the extent practicable, ensure that internationally agreed standards for regulation and supervision in the financial services sector and for the fight against tax evasion and avoidance are implemented and applied in its territory. Such internationally agreed standards are, inter alia, the Core Principle for Effective Banking Supervision of the Basel Committee on Banking Supervision, the Insurance Core Principles and Methodology, approved in Singapore on 3 October 2003 of the International Association of Insurance Supervisors, the Objectives and Principles of Securities Regulation of the International Organisation of Securities Commissions, the Agreement on Exchange of Information on Tax Matters of the Organisation for Economic Cooperation and Development (hereinafter referred to as the "OECD"), the Statement on Transparency and Exchange of Information for Tax Purposes of the G20, and the Forty Recommendations on Money Laundering and Nine Special Recommendations on Terrorist Financing of the Financial Action Task Force.

Subsection B. Computer Services

Article 7.25. Computer Services

1. In liberalising trade in computer services in accordance with Sections B through D, the Parties subscribe to the understanding set out in the following paragraphs.

2. CPC (1) 84, the United Nations code used for describing computer and related services, covers the basic functions used to provide all computer and related services including computer programs defined as the sets of instructions required to make computers work and communicate (including their development and implementation), data processing and storage, and related services, such as consultancy and training services for staff of clients. Technological developments have led to the increased offering of these services as a bundle or package of related services that can include some or all of these basic functions. For example, services such as web or domain hosting, data mining services and grid computing consist of a combination of basic computer services functions respectively.

3. Computer and related services, regardless of whether they are delivered via a network, including the Intemet, include all services that provide:

(a) consulting, strategy, analysis, planning, specification, design, devel- opment, installation, implementation, integration, testing, debugging, updating, support, technical assistance or management of or for computers or computer systems;

(b) computer programs plus consulting, strategy, analysis, planning, specification, design, development, installation, implementation, integration, testing, debugging, updating, adaptation, maintenance, support, technical assistance, management or use of or for computer programs,

(c) data processing, data storage, data hosting or database services;

(d) maintenance and repair services for office machinery and equipment, including computers; or

(e) training services for staff of clients, related to computer programs, computers or computer systems, and not elsewhere classified.

4. Computer and related services enable the provision of other services such as banking by both electronic and other means. The Parties recognise that there is an important distinction between the enabling service such as web-hosting or application hosting and the content or core service that is being delivered electronically such as banking, and that in such cases the content or core service is not covered by CPC 84.

(1) CPC means the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No 77, CPC Prov, 1991.

Subsection C. Postal and Courier Services

Article 7.26. Regulatory Principles

No later than three years after the entry into force of this Agreement, with a view to ensuring competition in postal and courier services not reserved to a monopoly in each Party, the Trade Committee shall set out the principles of the regulatory framework applicable to those services. Those principles shall aim to address issues such as anti-competitive practices, universal service, individual licences and nature of the regulatory authority (1).

(1) For greater certainty, nothing in this Article shall be interpreted as intending to change the regulatory framework of the existing regulatory body in Korea which regulates private delivery service suppliers upon the entry into force of this Agreement.

Subsection D. Telecommunications Services

Article 7.27. Scope and Definitions

1. This Sub-section sets out the principles of the regulatory framework for the basic telecommunications services (2), other than broadcasting, liberalised pursuant to Sections B through D of this Chapter.

(2) These include services listed in items from a through g under C. Telecom- munication Services of 2. Communication Services in the MTN/GNS/W/120.

2. For the purposes of this Sub-section:

(a) telecommunications services means all services consisting of the transmission and reception of electromagnetic signals and does not cover the economic activity consisting of the provision of content which requires telecommunications for its transport;

(b) public telecommunications transport service means any telecommunications service that a Party requires, explicitly or in effect, to be offered to the public generally;

(c) public telecommunications transport network means the public tele- communications infrastructure which permits telecommunications between and among defined network termination points;

(d) regulatory authority in the telecommunication sector means the body or bodies charged with the regulation of telecommunications mentioned in this Sub-section;

(e) essential facilities means facilities of a public telecommunications transport network or service that:

(i) are exclusively or predominantly provided by a single or limited number of suppliers; and

(ii) cannot feasibly be economically or technically substituted in order to provide a service;

(f) major supplier in the telecommunication sector means a supplier that has the ability to materially affect the terms of participation (having regard to price and supply) in the relevant market for telecommunications services as a result of its control over essential facilities or the use of its position in the market;

(g) interconnection means linking with suppliers providing public telecommunications transport networks or services in order to allow the users of one supplier to communicate with users of another supplier and to access services provided by another supplier, where specific commitments are undertaken;

(h) universal service means the set of services that must be made available to all users in the territory of a Party regardless of their geographical location and at an affordable price (1);

(1) The scope and implementation of universal services shall be decided by each Party.

(i) end-user means a final consumer of or subscriber to a public telecommunications transport service, including a service supplier other than a supplier of public telecommunications transport services;

(j) non-discriminatory means treatment no less favourable than that accorded to any other user of like public telecommunications transport networks or services in like circumstances; and

(k) number portability means the ability of end-users of public telecommunications transport services to retain, at the same location, the same telephone numbers without impairment of quality, reliability or convenience when switching between the same category of suppliers of public telecommunications transport services.

Article 7.28. Regulatory Authority

1. A regulatory authority for telecommunications services shall be legally distinct from and functionally independent of any supplier of telecommunications services.

2. The regulatory authority shall be sufficiently empowered to regulate the telecommunications services sector. The tasks to be undertaken by a regulatory authority shall be made public in an easily accessible and clear form, in particular where those tasks are assigned to more than one body.

3. The decisions of, and the procedures used by, the regulatory authority shall be impartial with respect to all market participants.

Article 7.29. Authorisation to Provide Telecommunications Services

1. Provision of services shall, to the extent practicable, be authorised following a simplified authorisation procedure.

2. A licence can be required to address issues of attributions of frequencies, numbers and rights of way. The terms and conditions for such licence shall be made publicly available.

3. Where a licence is required:

(a) all the licensing criteria and the reasonable period of time normally required to reach a decision concerning an application for a licence shall be made publicly available;

(b) the reasons for the denial of a licence shall be made known in writing to the applicant upon request; and

(c) licence fees (1) required by any Party for granting a licence shall not exceed the administrative costs normally incurred in the management, control and enforcement of the applicable licences (2).

(1) Licence fees do not include payments for auction, tendering or other non-discriminatory means of awarding concessions, or mandated contributions to universal service provision.
(2) This subparagraph shall take effect no later than five years after the entry into force of this Agreement. Each Party shall ensure that licence fees are imposed and applied in a non-discriminatory manner upon the entry into force of this Agreement.

Article 7.30. Competitive Safeguards on Major Suppliers

Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone or together, are a major supplier from engaging in or continuing anti-competitive practices. These anti-competitive practices shall include in particular:

(a) engaging in anti-competitive cross-subsidisation (1);

(b) using information obtained from competitors with anti-competitive results; and

(c) not making available to other service suppliers on a timely basis technical information about essential facilities and commercially relevant information which are necessary for them to provide services.

(1) Or margin squeeze for the EU Party.

Article 7.31. Interconnection

1. Each Party shall ensure that suppliers of public telecommunications transport networks or services in its territory provide, directly or indirectly within the same territory, to suppliers of public telecommunications transport services of the other Party the possibility to negotiate interconnection. Interconnection should in principle be agreed on the basis of commercial negotiations between the companies concerned.

2. Regulatory authorities shall ensure that suppliers that acquire information from another undertaking during the process of negotiating interconnection arrangements use that information solely for the purpose for which it was supplied and respect at all times the confidentiality of information transmitted or stored.

3. Interconnection with a major supplier shall be ensured at any technically feasible point in the network. Such interconnection shall be provided:

(a) under non-discriminatory terms, conditions (including technical standards and specifications) and rates, and of a quality no less favourable than that provided for its own like services, for like services of non-affiliated service suppliers or for like services of its subsidiaries or other affiliates;

(b) in a timely fashion, on terms and conditions (including technical standards and specifications) and at cost-oriented rates that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that the supplier need not pay for network components or facilities that it does not require for the service to be provided; and

(c) upon request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities.

4. The procedures applicable for interconnection with a major supplier shall be made publicly available.

5. Major suppliers shall make publicly available either their intercon- nection agreements or their reference interconnection offers (1).

(1) Each Party will implement this obligation in accordance with its relevant legislation.

Article 7.32. Number Portability

Each Party shall ensure that suppliers of public telecommunications transport services in its territory, other than suppliers of voice over internet protocol services, provide number portability to the extent technically feasible, and on reasonable terms and conditions.

Article 7.33. Allocation and Use of Scarce Resources

1. Any procedures for the allocation and use of scarce resources, including frequencies, numbers and rights of way, shall be carried out in an objective, timely, transparent and non-discriminatory manner.

2. The current state of allocated frequency bands shall be made publicly available, but detailed identification of frequencies allocated for specific government uses is not required.

Article 7.34. Universal Service

1. Each Party has the right to define the kind of universal service obligations it wishes to maintain.

2. Such obligations will not be regarded as anti-competitive per se, provided they are administered in a transparent, objective and non-discriminatory way. The administration of such obligations shall also be neutral with respect to competition and not be more burdensome than necessary for the kind of universal service defined by each Party.

Article 7.35. Confidentiality of Information

Each Party shall ensure the confidentiality of telecommunications and related traffic data by means of a public telecommunications transport network and publicly available telecommunications services without restricting trade in services.

Article 7.36. Resolution of Telecommunications Disputes

Recourse

1. Each Party shall ensure that:

(a) service suppliers may have recourse to a regulatory authority or other relevant body of the Party to resolve disputes between service suppliers or between service suppliers and users regarding matters set out in this Sub-section; and

(b) in the event of a dispute arising between suppliers of public telecommunications transport networks or services in connection with rights and obligations that arise from this Sub-section, a regulatory authority concerned shall, at the request of either party to the dispute issue a binding decision to resolve the dispute in the shortest possible time frame and in any case within a reasonable period of time.

Appeal and Judicial Review

2. Any service supplier whose legally protected interests are adversely affected by a determination or decision of a regulatory authority:

(a) shall have a right to appeal against that determination or decision to an appeal body (1). Where the appeal body is not judicial in character, written reasons for its determination or decision shall always be given and its determination or decision shall also be subject to review by an impartial and independent judicial authority. Determinations or decisions taken by appeal bodies shall be effectively enforced; and

(b) may obtain review of the determination or decision by an impartial and independent judicial authority of the Party. Neither Party may permit an application for judicial review to constitute grounds for non-compliance with the determination or decision of the regulatory authority unless the relevant judicial body stays such determination or decision.

(1) For disputes between service suppliers or between service suppliers and users, the appeal body shall be independent of the parties involved in the dispute.

Subsection E. Financial Services

Article 7.37. Scope and Definitions

1. This sub-section sets out the principles of the regulatory framework for all financial services liberalised pursuant to Sections B through D.

2. For the purposes of this Sub-section:

financial services means any service of a financial nature offered by a financial service supplier of a Party. Financial services include the following activities:

(a) Insurance and insurance-related services:

(i) direct insurance (including co-insurance):

(A) life;

(B) non-life;

(ii) reinsurance and retrocession;

(iii) insurance inter-mediation, such as brokerage and agency; and

(iv) services auxiliary to insurance, such as consultancy, actuarial, risk assessment and claim settlement services; and

(b) Banking and other financial services (excluding insurance):

(i) acceptance of deposits and other repayable funds from the public;

(ii) lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transactions;

(iii) financial leasing;

  • Chapter   ONE OBJECTIVES AND GENERAL DEFINITIONS 1
  • Article   1.1 Objectives 1
  • Article   1.2 General Definitions 1
  • Chapter   TWO NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 1
  • Section   A Common Provisions 1
  • Article   2.1 Objective 1
  • Article   2.2 Scope and Coverage 1
  • Article   2.3 Customs Duty 1
  • Article   2.4 Classification of Goods 1
  • Section   B Elimination of Customs Duties 1
  • Article   2.5 Elimination of Customs Duties 1
  • Article   2.6 Standstill 1
  • Article   2.7 Administration and Implementation of Tariff-rate Quotas 1
  • Section   C Non-tariff Measures 1
  • Article   2.8 National Treatment 1
  • Article   2.9 Import and Export Restrictions 1
  • Article   2.10 Fees and other Charges on Imports 1
  • Article   2.11 Duties, Taxes or other Fees and Charges on Exports 1
  • Article   2.12 Customs Valuation 1
  • Article   2.13 State Trading Enterprises 1
  • Article   2.14 Elimination of Sectoral Non-tariff Measures 1
  • Section   D Specific Exceptions Related to Goods 1
  • Article   2.15 General Exceptions 1
  • Section   E Institutional Provisions 1
  • Article   2.16 Committee on Trade In Goods 1
  • Article   2.17 Special Provisions on Administrative Cooperation 1
  • Chapter   THREE TRADE REMEDIES 1
  • Section   A Bilateral Safeguard Measures 1
  • Article   3.1 Application of a Bilateral Safeguard Measure 1
  • Article   3.2 Conditions and Limitations 1
  • Article   3.3 Provisional Measures 2
  • Article   3.4 Compensation 2
  • Article   3.5 Definitions 2
  • Section   B Agricultural Safeguard Measures 2
  • Article   3.6 Agricultural Safeguard Measures 2
  • Section   C Global Safeguard Measures 2
  • Article   3.7 Global Safeguard Measures 2
  • Section   D Anti-dumping and Countervailing Duties 2
  • Article   3.8 General Provisions 2
  • Article   3.9 Notification 2
  • Article   3.10 Consideration of Public Interests 2
  • Article   3.11 Investigation after Termination Resulting from a Review 2
  • Article   3.12 Cumulative Assessment 2
  • Article   3.13 De-minimis Standard Applicable to Review 2
  • Article   3.14 Lesser Duty Rule 2
  • Article   3.15 Dispute Settlement 2
  • Section   E Institutional Provisions 2
  • Article   3.16 Working Group on Trade Remedy Cooperation 2
  • Chapter   FOUR TECHNICAL BARRIERS TO TRADE 2
  • Article   4.1 Affirmation of the TBT Agreement 2
  • Article   4.2 Scope and Definitions 2
  • Article   4.3 Joint Cooperation 2
  • Article   4.4 Technical Regulations 2
  • Article   4.5 Standards 2
  • Article   4.6 Conformity Assessment and Accreditation 2
  • Article   4.7 Market Surveillance 2
  • Article   4.8 Conformity Assessment Fees 2
  • Article   4.9 Marking and Labelling 2
  • Article   4.10 Coordination Mechanism 2
  • Chapter   FIVE SANITARY AND PHYTOSANITARY MEASURES 2
  • Article   5.1 Objective 3
  • Article   5.2 Scope 3
  • Article   5.3 Definition 3
  • Article   5.4 Rights and Obligations 3
  • Article   5.5 Transparency and Exchange of Information 3
  • Article   5.6 International Standards  3
  • Article   5.7 Import Requirements 3
  • Article   5.8 Measures Linked to Animal and Plant Health 3
  • Article   5.9 Cooperation on Animal Welfare 3
  • Article   5.10 Committee on Sanitary and Phytosanitary Measures 3
  • Article   5.11 Dispute Settlement 3
  • Chapter   SIX CUSTOMS AND TRADE FACILITATION 3
  • Article   6.1 Objectives and Principles 3
  • Article   6.2 Release of Goods 3
  • Article   6.3 Simplified Customs Procedure 3
  • Article   6.4 Risk Management 3
  • Article   6.5 Transparency 3
  • Article   6.6 Advance Rulings 3
  • Article   6.7 Appeal Procedures 3
  • Article   6.8 Confidentiality 3
  • Article   6.9 Fees and Charges 3
  • Article   6.10 Pre-shipment Inspections 3
  • Article   6.11 Post-clearance Audit 3
  • Article   6.12 Customs Valuation 3
  • Article   6.13 Customs Cooperation 3
  • Article   6.14 Mutual Administrative Assistance In Customs Matters 3
  • Article   6.15 Customs Contact Points 3
  • Article   6.16 Customs Committee 3
  • Chapter   SEVEN TRADE IN SERVICES, ESTABLISHMENT AND ELECTRONIC COMMERCE 3
  • Section   A General Provisions 3
  • Article   7.1 Objective, Scope and Coverage 3
  • Article   7.2 Definitions 3
  • Article   7.3 Committee on Trade In Services, Establishment and Electronic Commerce 4
  • Section   B Cross-border Supply of Services 4
  • Article   7.4 Scope and Definitions 4
  • Article   7.5 Market Access 4
  • Article   7.6 National Treatment 4
  • Article   7.7 Lists of Commitments 4
  • Article   7.8 MFN Treatment  (1) 4
  • Section   C Establishment 4
  • Article   7.9 Definitions 4
  • Article   7.10 Scope 4
  • Article   7.11 Market Access 4
  • Article   7.12 National Treatment  (1) 4
  • Article   7.13 Lists of Commitments 4
  • Article   7.14 MFN Treatment  (1) 4
  • Article   7.15 Other Agreements 4
  • Article   7.16 Review of the Investment Legal Framework 4
  • Section   D Temporary Presence of Natural Persons for Business 4
  • Article   7.17 Scope and Definitions 4
  • Article   7.18 Key Personnel and Graduate Trainees 5
  • Article   7.19 Business Service Sellers 5
  • Article   7.20 Contractual Service Supplier and Independent Professionals 5
  • Section   E Regulatory Framework 5
  • Subsection   A Provisions of General Application 5
  • Article   7.21 Mutual Recognition 5
  • Article   7.22 Transparency and Confidential Information 5
  • Article   7.23 Domestic Regulation 5
  • Article   7.24 Governance 5
  • Subsection   B Computer Services 5
  • Article   7.25 Computer Services 5
  • Subsection   C Postal and Courier Services 5
  • Article   7.26 Regulatory Principles 5
  • Subsection   D Telecommunications Services 5
  • Article   7.27 Scope and Definitions 5
  • Article   7.28 Regulatory Authority 5
  • Article   7.29 Authorisation to Provide Telecommunications Services 5
  • Article   7.30 Competitive Safeguards on Major Suppliers 5
  • Article   7.31 Interconnection 5
  • Article   7.32 Number Portability 5
  • Article   7.33 Allocation and Use of Scarce Resources 5
  • Article   7.34 Universal Service 5
  • Article   7.35 Confidentiality of Information 5
  • Article   7.36 Resolution of Telecommunications Disputes 5
  • Subsection   E Financial Services 5
  • Article   7.37 Scope and Definitions 5
  • Article   7.38 Prudential Carve-out  (1) 6
  • Article   7.39 Transparency 6
  • Article   7.40 Self-regulatory Organisations 6
  • Article   7.41 Payment and Clearing Systems 6
  • Article   7.42 New Financial Services 6
  • Article   7.43 Data Processing 6
  • Article   7.44 Specific Exceptions 6
  • Article   7.45 Dispute Settlement 6
  • Article   7.46 Recognition 6
  • Subsection   F International Maritime Transport Services 6
  • Article   7.47 Scope, Definitions and Principles 6
  • Section   F Electronic Commerce 6
  • Article   7.48 Objective and Principles 6
  • Article   7.49 Cooperation on Regulatory Issues 6
  • Section   G Exceptions 6
  • Article   7.50 Exceptions 6
  • Chapter   EIGHT PAYMENTS AND CAPITAL MOVEMENTS 6
  • Article   8.1 Current Payments 6
  • Article   8.2 Capital Movements 6
  • Article   8.3 Exceptions 6
  • Article   8.4 Safeguard Measures 6
  • Chapter   NINE GOVERNMENT PROCUREMENT 6
  • Article   9.1 General Provisions 6
  • Article   9.2 Scope and Coverage 7
  • Article   9.3 Government Procurement Working Group 7
  • Chapter   TEN INTELLECTUAL PROPERTY 7
  • Section   A General Provisions 7
  • Article   10.1 Objectives 7
  • Article   10.2 Nature and Scope of Obligations 7
  • Article   10.3 Transfer of Technology 7
  • Article   10.4 Exhaustion 7
  • Section   B Standards Concerning Intellectual Property Rights 7
  • Subsection   A Copyright and Related Rights 7
  • Article   10.5 Protection Granted 7
  • Article   10.6 Duration of Authors' Rights 7
  • Article   10.7 Broadcasting Organisations 7
  • Article   10.8 Cooperation on Collective Management of Rights 7
  • Article   10.9 Broadcasting and Communication to the Public 7
  • Article   10.10 Artists' Resale Right In Works of Art 7
  • Article   10.11 Limitations and Exceptions 7
  • Article   10.12 Protection of Technological Measures 7
  • Article   10.13 Protection of Rights Management Information 7
  • Article   10.14 Transitional Provision 7
  • Subsection   B Trademarks 7
  • Article   10.15 Registration Procedure 7
  • Article   10.16 International Agreements 7
  • Article   10.17 Exceptions to the Rights Conferred by a Trademark 7
  • Subsection   C Geographical Indications  (1) (2) 7
  • Article   10.18 Recognition of Geographical Indications for Agricultural Products and Foodstuffs and Wines 7
  • Article   10.19 Recognition of Specific Geographical Indications for Wines, Aromatised Wines and Spirits  (1) (2) (3) 7
  • Article   10.20 Right of Use 7
  • Article   10.21 Scope of Protection 7
  • Article   10.22 Enforcement of Protection 7
  • Article   10.23 Relationship with Trademarks 7
  • Article   10.24 Addition of Geographical Indications for Protection  (1) 7
  • Article   10.25 Working Group on Geographical Indications 7
  • Article   10.26 Individual Applications for Protection of Geographical Indications 8
  • Subsection   D Designs 8
  • Article   10.27 Protection of Registered Designs 8
  • Article   10.28 Rights Conferred by Registration 8
  • Article   10.29 Protection Conferred to Unregistered Appearance 8
  • Article   10.30 Term of Protection 8
  • Article   10.31 Exceptions 8
  • Article   10.32 Relationship with Copyright 8
  • Subsection   E Patents 8
  • Article   10.33 International Agreement 8
  • Article   10.34 Patents and Public Health 8
  • Article   10.35 Extension of the Duration of the Rights Conferred by Patent Protection 8
  • Article   10.36 Protection of Data Submitted to Obtain a Marketing Authorisation for Pharmaceutical Products  (1) 8
  • Article   10.37 Protection of Data Submitted to Obtain a Marketing Authorisation for Plant Protection Products 8
  • Article   10.38 Implementation 8
  • Subsection   F Other Provisions 8
  • Article   10.39 Plant Varieties 8
  • Article   10.40 Genetic Resources, Traditional Knowledge and Folklore 8
  • Section   C Enforcement of Intellectual Property Rights 8
  • Article   10.41 General Obligations 8
  • Article   10.42 Entitled Applicants 8
  • Subsection   A Civil Measures 8
  • Article   10.43 Evidence 8
  • Article   10.44 Provisional Measures for Preserving Evidence 8
  • Article   10.45 Right of Information 8
  • Article   10.46 Provisional and Precautionary Measures 8
  • Article   10.47 Corrective Measures 8
  • Article   10.48 Injunctions 8
  • Article   10.49 Alternative Measures 8
  • Article   10.50 Damages 8
  • Article   10.51 Legal Costs 8
  • Article   10.52 Publication of Judicial Decisions 8
  • Article   10.53 Presumption of Authorship or Ownership 8
  • Subsection   B Criminal Enforcement 8
  • Article   10.54 Scope of Criminal Enforcement 8
  • Article   10.55 Geographical Indications and Designs Counterfeiting 8
  • Article   10.56 Liability of Legal Persons 8
  • Article   10.57 Aiding and Abetting 8
  • Article   10.58 Seizure 8
  • Article   10.59 Penalties 8
  • Article   10.60 Confiscation 8
  • Article   10.61 Rights of Third Parties 8
  • Subsection   C Liability of Online Service Providers 8
  • Article   10.62 Liability of Online Service Providers  (1) 8
  • Article   10.63 Liability of Online Service Providers: "mere Conduit"™ 8
  • Article   10.64 Liability of Online Service Providers: "caching" 9
  • Article   10.65 Liability of Online Service Providers: "hosting" 9
  • Article   10.66 No General Obligation to Monitor 9
  • Subsection   D Other Provisions 9
  • Article   10.67 Border Measures 9
  • Article   10.68 Codes of Conduct 9
  • Article   10.69 Cooperation 9
  • Chapter   ELEVEN COMPETITION 9
  • Section   A Competition 9
  • Article   11.1 Principles 9
  • Article   11.2 Definitions 9
  • Article   11.3 Implementation 9
  • Article   11.4 Public Enterprises and Enterprises Entrusted with Special Rights or Exclusive Rights  (1) 9
  • Article   11.5 State Monopolies 9
  • Article   11.6 Cooperation 9
  • Article   11.7 Consultation 9
  • Article   11.8 Dispute Settlement 9
  • Section   B Subsidies 9
  • Article   11.9 Principles 9
  • Article   11.10 Definitions of a Subsidy and Specificity 9
  • Article   11.11 Prohibited Subsidies  (1) (2) 9
  • Article   11.12 Transparency 9
  • Article   11.13 Relation with the WTO Agreement 9
  • Article   11.14 Monitoring and Review 9
  • Article   11.15 Scope 9
  • Chapter   TWELVE TRANSPARENCY 9
  • Article   12.1 Definitions 9
  • Article   12.2 Objective and Scope 9
  • Article   12.3 Publication 9
  • Article   12.4 Enquiries and Contact Points 9
  • Article   12.5 Administrative Proceedings 9
  • Article   12.6 Review and Appeal 9
  • Article   12.7 Regulatory Quality and Performance and Good Administrative Behaviour 9
  • Article   12.8 Non-discrimination 9
  • Chapter   THIRTEEN TRADE AND SUSTAINABLE DEVELOPMENT 9
  • Article   13.1 Context and Objectives 9
  • Article   13.2 Scope 10
  • Article   13.3 Right to Regulate and Levels of Protection 10
  • Article   13.4 Multilateral Labour Standards and Agreements 10
  • Article   13.5 Multilateral Environmental Agreements 10
  • Article   13.6 Trade Favouring Sustainable Development 10
  • Article   13.7 Upholding Levels of Protection In the Application and Enforcement of Laws, Regulations or Standards 10
  • Article   13.8 Scientific Information 10
  • Article   13.9 Transparency 10
  • Article   13.10 Review of Sustainability Impacts 10
  • Article   13.11 Cooperation 10
  • Article   13.12 Institutional Mechanism 10
  • Article   13.13 Civil Society Dialogue Mechanism 10
  • Article   13.14 Government Consultations 10
  • Article   13.15 Panel of Experts 10
  • Article   13.16 Dispute Settlement 10
  • Chapter   FOURTEEN DISPUTE SETTLEMENT 10
  • Section   A Objective and Scope 10
  • Article   14.1 Objective 10
  • Article   14.2 Scope 10
  • Section   B Consultations 10
  • Article   14.3 Consultations 10
  • Section   C Dispute Settlement Procedures 10
  • Subsection   A Arbitration Procedure 10
  • Article   14.4 Initiation of the Arbitration Procedure 10
  • Article   14.5 Establishment of the Arbitration Panel 10
  • Article   14.6 Interim Panel Report 10
  • Article   14.7 Arbitration Panel Ruling 10
  • Subsection   B Compliance 10
  • Article   14.8 Compliance with the Arbitration Panel Ruling 10
  • Article   14.9 The Reasonable Period of Time for Compliance 10
  • Article   14.10 Review of Any Measure Taken to Comply with the Arbitration Panel Ruling 10
  • Article   14.11 Temporary Remedies In Case of Non-compliance 10
  • Article   14.12 Review of Any Measure Taken to Comply after the Suspension of Obligations 10
  • Subsection   C Common Provisions 10
  • Article   14.13 Mutually Agreed Solution 10
  • Article   14.14 Rules of Procedure 10
  • Article   14.15 Information and Technical Advice 10
  • Article   14.16 Rules of Interpretation 10
  • Article   14.17 Arbitration Panel Decisions and Rulings 10
  • Section   D General Provisions 10
  • Article   14.18 List of Arbitrators 10
  • Article   14.19 Relation with WTO Obligations 10
  • Article   14.20 Time Limits 10
  • Chapter   FIFTEEN INSTITUTIONAL, GENERAL AND FINAL PROVISIONS 10
  • Article   15.1 Trade Committee 10
  • Article   15.2 Specialised Committees 11
  • Article   15.3 Working Groups 11
  • Article   15.4 Decision-making 11
  • Article   15.5 Amendments 11
  • Article   15.6 Contact Points 11
  • Article   15.7 Taxation 11
  • Article   15.8 Balance-of-payments Exceptions 11
  • Article   15.9 Security Exceptions 11
  • Article   15.10 Entry Into Force 11
  • Article   15.11 Duration 11
  • Article   15.12 Fulfilment of Obligations 11
  • Article   15.13 Annexes, Appendices, Protocols and Notes 11
  • Article   15.14 Relation with other Agreements 11
  • Article   15.15 Territorial Application 11
  • Article   15.16 Authentic Texts 11
  • ANNEX 7-A  LISTS OF COMMITMENTS 11
  • ANNEX 7-A-2  EU PARTY LIST OF COMMITMENTS IN CONFORMITY WITH ARTICLE 7.13 (ESTABLISHMENT) 11
  • ANNEX 7-A-4  KOREA. SCHEDULE OF SPECIFIC COMMITMENTS IN CONFORMITY WITH ARTICLES 7.7, 7.13, 7.18 AND 7.19 14
  • ANNEX 13  COOPERATION ON TRADE AND SUSTAINABLE DEVELOPMENT 14
  • ANNEX 14-A  MEDIATION MECHANISM FOR NON-TARIFF MEASURES 14
  • 1 Objective 14
  • 2 Scope 14
  • Section   A PROCEDURE UNDER THE MEDIATION MECHANISM 14
  • 3 Initiation of the Mediation Procedure 14
  • 4 Selection of Mediator 14
  • 5 Rules of the Mediation Procedure 14
  • Section   B IMPLEMENTATION 14
  • 6 Implementation of a Mutually Agreed Solution 14
  • Section   C GENERAL PROVISIONS 14
  • 7 Relationship to Dispute Settlement 14
  • 8 Time Limits 14
  • 9 Costs 14
  • 10 Review 14
  • ANNEX 14-B  RULES OF PROCEDURE FOR ARBITRATION 14
  • 1 General Provisions 14
  • 2 Notifications 15
  • 3 Commencing the Arbitration 15
  • 4 Initial Submissions 15
  • 5 Working of Arbitration Panels 15
  • 6 Replacement 15
  • 7 Hearings 15
  • 8 Questions In Writing 15
  • 9 Confidentiality 15
  • 10 Ex Parte Contacts 15
  • 11 Amicus Curiae Submissions 15
  • 12 Urgent Cases 15
  • 13 Translation and Interpretation 15
  • 14 Calculation of Time Limits 15
  • 15 Other Procedures 15
  • ANNEX 14-C  CODE OF CONDUCT FOR MEMBERS OF ARBITRATION PANELS AND MEDIATORS 15
  • 1 Definitions 15
  • 2 Responsibilities to the Process 15
  • 3 Disclosure Obligations 15
  • 4 Duties of Members 15
  • 5 Independence and Impartiality of Members 15
  • 6 Obligations of Former Members 15
  • 7 Confidentiality 15
  • 8 Mediators 15