China - Korea, Republic FTA (2015)
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1. A Party may deny the benefits of this Chapter to an investor of the other Party that is an enterprise of the latter Party and to its investments if the enterprise is owned or controlled by an investor of a non-Party and the denying Party:

(a) does not maintain normal economic relations with the non-Party; or

(b) adopts or maintains measures with respect to the non-Party that prohibit transactions with the enterprise or that would be violated or circumvented if the benefits of this Chapter were accorded to the enterprise or to its investments.

2. A Party may deny the benefits of this Chapter to an investor of the other Party that is an enterprise of the latter Party and to its investments if the enterprise is owned or controlled by an investor of a non-Party or of the denying Party, and the enterprise has no substantial business activities in the territory of the latter Party.

Article 12.16. Environmental Measures

Each Party recognizes that it is inappropriate to encourage investment by investors of the other Party by relaxing its environmental measures. To this effect each Party should not waive or otherwise derogate from such environmental measures as an encouragement for the establishment, acquisition or expansion of investments in its territory.

Article 12.17. Committee on Investment

1. The Parties hereby establish a Committee on Investment (hereinafter referred to in this Article as the "Committee") with a view to accomplishing the objectives of this Chapter. The functions of the Committee shall be:

(a) to discuss and review the implementation and operation of this Chapter;

(b) to discuss other investment-related matters concerning this Chapter, including the scope of the existing non-conforming measures referred to in paragraphs 2 and 3 of Article 12.3; and

(c) to consult any matter arising under this Agreement that affects establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments from an investor of a Party in the territory of the other Party.

2. The Committee may, as necessary, decide to make appropriate recommendations to the Parties for the more effective functioning or the attainment of the objectives of this Chapter.

3. The Committee shall be composed of representatives of the Governments of the Parties and may decide to invite representatives of relevant entities other than the Governments of the Parties with the necessary expertise relevant to the issues to be discussed. The Committee shall decide on the modalities of its operation as necessary.

4. Any decision of the Committee shall be made by consensus. 5. Unless otherwise decided by the Parties, the Committee shall convene once a year.

Article 12.18. Services-investment Linkage  (44)

1. Articles 12.5 (Minimum Standard of Treatment), 12.9 (Expropriation and Compensation), 12.10 (Transfers), 12.11 (Subrogation), 12.12 (Settlement of Investment Disputes between a Party and an Investor of the other Party) and Annexes 12-A (Customary International Law), 12-B (Expropriation) and 12-C (Transfers) of this Agreement shall apply, mutatis mutandis, to any measure affecting the supply of service by a service supplier of a Party through commercial presence in the territory of the other Party pursuant to the Chapter 8 (Trade in Services), only to the extent that they relate to a covered investment.

2. Articles 12.5 (Minimum Standard of Treatment), 12.9 (Expropriation and Compensation), 12.10 (Transfers), 12.11 (Subrogation), 12.12 (Settlement of Investment Disputes between a Party and an Investor of the other Party), 12.13 (Special Formalities and Information Requirements), 12.15 (Denial of Benefits) and Annexes 12-A (Customary International Law), 12-B (Expropriation), 12-C (Transfers) of this Agreement shall apply, mutatis mutandis, to any measure affecting the supply of financial service by a financial service supplier of a Party through commercial presence in the territory of the other Party pursuant to the Chapter 9 (Financial Services), only to the extent that they relate to a covered investment.

(44) For greater certainty, Article 12.12 applies to investment disputes, in relation to such covered investments, between a Party and an investor of the other Party concerning an alleged breach of an obligatio n solely under the Articles referred to in this Article.

Article 12.19. Contact Points for Improving Investment Environment

1. For the purpose of improving investment environment and promoting investment in its territory, each Party designates contact points respectively, to receive the complaints from investors of the other Party with regard to its administrative action of governments and to provide assistance in resolving difficulties of investors of the other Party. The contact points from the Parties will endeavor to provide advisory services available with regard to establishment, liquidation, investment promotion activities as much as possible.

2. The contact points are:

(a) for China, the Investment Promotion Agency of Ministry of Commerce or its successors; and

(b) for Korea, the Ministry of Trade, Industry and Energy/Korea Trade-Investment Promotion Agency (KOTRA) or their successors.

3. Further to the contact points referred to in paragraphs 1 and 2, a Party shall maintain the local contact points at the level of local governments (45) in its territory in order to promptly respond to the complaints and difficulties of investors of the other Party.

4. Neither Party shall have recourse to Chapter 20 (Dispute Settlement) and Article 12.12 for any matter arising under this Article.

(45) For greater certainty, local governments of China in this paragraph means provincial governments directly under the central government.

Annex 12-A. CUSTOMARY INTERNATIONAL LAW

The Parties confirm their shared understanding that “customary international law” generally and as specifically referenced in Article 12.5 results from a general and consistent practice of states that they follow from a sense of legal obligation. With regard to Article 12.5, the customary international law minimum standard of treatment of aliens refers to all customary international law principles that protect the economic rights and interests of aliens.

Annex 12-B. EXPROPRIATION

The Parties confirm their shared understanding that:

1. An action or a series of actions by a Party cannot constitute an expropriation unless it interferes with a tangible or intangible property right in a covered investment.

2. Article 12.9.1 addresses two situations. The first is direct expropriation, where investments are nationalized or otherwise directly expropriated through formal transfer of title or outright seizure.

3. The second situation is indirect expropriation, where an action or a series of actions by a Party has an effect equivalent to direct expropriation without formal transfer of title or outright seizure.

(a) The determination of whether an action or a series of actions by a Party, in a specific fact situation, constitutes an indirect expropriation, requires a case-by-case, fact-based inquiry that considers, among other factors,:

(i) the economic impact of the action or series of actions, although the fact that such action or series of actions has an adverse effect on the economic value of investments, standing alone, does not establish that an indirect expropriation has occurred;

(ii) the extent to which the action or series of actions interferes with distinct and reasonable expectations arising out of investments; and

(iii) the character and objectives of the action or series of actions, including whether such action is proportionate to its objectives.

(b) Except in rare circumstances, such as when an action or a series of actions by a Party is extremely severe or disproportionate in light of its purpose, non-discriminatory regulatory actions adopted by the Party for the purpose of legitimate public welfare do not constitute indirect expropriation.

Annex 12-C. TRANSFERS

1. Nothing in this Chapter, Chapter 8 (Trade in Services), or Chapter 9 (Financial Services) shall be construed to prevent a Party from adopting or maintaining temporary safeguard measures with regard to payments and capital movements:

(a) in the event of serious balance of payments or external financial difficulties or threat thereof; or

(b) where, in exceptional circumstances, payments and capital movements cause or threaten to cause serious difficulties for the operation of monetary policy or exchange rate policy in either Party.

2. The measures referred to in paragraph 1:

(a) shall not exceed a period of one year; however, if extremely exceptional circumstances arise such that a Party seeks to extend such measures, the Party will coordinate in advance with the other Party concerning the implementation of any proposed extension;

(b) shall be consistent with the Articles of the Agreement of the International Monetary Fund;

(c) shall not exceed those necessary to deal with the circumstances described in paragraph 1;

(d) shall avoid unnecessary damage to the commercial, economic, or financial interests of the Parties;

(e) shall not otherwise interfere with investors’ ability to earn a market rate of return in the territory of the Party on any restricted assets;

(f) shall be temporary and phased out progressively as the situation described in paragraph 1 improves;

(g) shall not be confiscatory;

(h) shall promptly be notified to the other Party;

(i) are applied in a manner consistent with Articles 12.3 and 8.4 (National Treatment) and Articles 12.4 subject to the Schedule of Specific Commitments; and

(j) shall not constitute a dual or multiple exchange rate practice.

3. Nothing in this Chapter, Chapter 8 (Trade in Services) or Chapter 9 (Financial Services) shall be regarded to affect the rights enjoyed and obligations undertaken by a Party as a party to the Articles of the Agreement of the International Monetary Fund.

Chapter 13. Electronic Commerce

Article 13.1. General

The Parties recognize the economic growth and opportunity that electronic commerce provides, the importance of promoting its use and development, and the applicability of the WTO Agreement to measures affecting electronic commerce.

Article 13.2. Relation to other Chapters

In the event of any inconsistency between this Chapter and other Chapters, the other Chapters shall prevail to the extent of the inconsistency.

Article 13.3. Customs Duties  (46)

Each Party will maintain the current WTO practice (47) of not imposing customs duties on electronic transmissions. (48)

(46) The inclusion of the provisions on electronic commerce in this Chapter is made without prejudice to the Parties' position on whether deliveries by electronic means should be categorized as trade in services or goods.
(47) The current practice will be maintained consistent with paragraph 5 of Work Programme on Electronic Commerce of the Bali WTO Ministerial Decision (WT/MIN(13)/32-WT/L/907).
(48) The Parties may reserve the right to adjust the practice, consistent with any changes to the WTO Ministerial Decision on this issue.

Article 13.4. Electronic Authentication and Electronic Signatures

1. Neither Party may adopt or maintain legislation for electronic signature that would deny a signature legal validity solely on the basis that the signature is in electronic form.

2. Each Party shall maintain domestic legislation for electronic signature that permits:

(a) parties to electronic transaction to mutually determine the appropriate electronic signature and authentication method;(49) (50) and

(b) electronic authentication agencies to have the opportunity to prove in judicial or administrative authorities a claim that their electronic authentication to electronic transaction comply with legal requirements with respect to electronic authentication.

3. Each Party shall work towards the mutual recognition of digital certificates and electronic signatures.

4. Each Party shall encourage the use of digital certificates in the business sector.

(49) For greater certainty, for China, for any electronic signature to be certified by a third party to the electronic transaction, the authentication service must be provided by a legally established authentication service provider which shall be approved by an authority accredited in accordance with its domestic law. For greater certainty, for Korea, it may be required that the method of authentication meet certain performance standards or be certified, by an authority accredited in accordance with its domestic law.
(50) For greater certainty, for Korea, it may be required that the method of authentication meet certain performance standards or be certified, by an authority accredited in accordance with its domestic law.

Article 13.5. Protection of Personal Information In Electronic Commerce

Recognizing the importance of protecting personal information in electronic commerce, each Party shall adopt or maintain measures which ensure the protection of the personal information of the users of electronic commerce and share information and experience on the protection of personal information in electronic commerce.

Article 13.6. Paperless Trading

1. Each Party shall endeavour to make trade administration documents available to the public in electronic form.

2. Each Party shall explore the possibility of accepting trade administration documents submitted electronically as the legal equivalent of the paper version of those documents.

Article 13.7. Cooperation on Electronic Commerce

1. The Parties agree to share information and experience on issues related to electronic commerce, including, inter alia, laws and regulations, rules and standards, and best practices.

2. The Parties shall encourage cooperation in research and training activities to enhance the development of electronic commerce.

3. The Parties shall encourage business exchanges, cooperative activities and joint electronic commerce projects.

4. The Parties shall actively participate in regional and multilateral fora to promote the development of electronic commerce in a cooperative manner.

Article 13.8. Definitions

For the purposes of this Chapter:

electronic authentication means the process or act of providing authenticity and reliability verification for the parties involved in electronic signature to ensure integrity and security of electronic communication or transaction;

electronic signature means data in electronic form that is in, affixed to, or logically associated with a data message, which may be used to identify the signatory in relation to the data message and to indicate the signatory's approval of the information contained in the data message.

data message means information generated, sent, received or stored by electronic, optical or similar means; and

trade administration documents means forms a Party issues or controls that must be completed by or for an importer or exporter in connection with the import or export of goods.

Article 13.9. Non-application of Dispute Settlement

Neither Party shall have recourse to Chapter 20 (Dispute Settlement) for any matter arising under this Chapter.

Chapter 14. Competition

Article 14.1. Objectives

Each Party understands that proscribing anti-competitive business practices of enterprises, implementing competition policies and cooperating on competition issues contribute to preventing the benefits of trade liberalization from being undermined and to promoting economic efficiency and consumer welfare.

Article 14.2. Competition Laws and Authorities

1. Each Party shall maintain or adopt competition laws that promote and protect the competitive process in its market by proscribing anti-competitive business practices. Each Party shall maintain an authority or authorities responsible for the enforcement of its national competition laws.

2. Each Party shall also take appropriate actions, according to each Party's relevant laws and regulations with respect to anti-competitive business practices, which will prevent the benefits of trade liberalization from being undermined.

Article 14.3. Principles In Law Enforcement

1. Each Party shall be consistent with the principles of transparency, non-discrimination, and procedural fairness in the competition law enforcement.

2. Each Party shall treat persons who are not persons of the Party no less favorably than persons of the Party in like circumstances in the competition law enforcement.

3. Each Party shall ensure that:

(a) a person subject to an investigation to determine whether conduct violates its competition laws or what administrative sanctions or remedies should be ordered for violation of such laws is afforded the opportunity to present opinion or evidence in its defense in the investigation process.

(b) persons subject to the imposition of a sanction or remedy for violation of its competition laws should be given the opportunity to seek review of the sanction or remedy through administrative reconsideration and/or administrative lawsuit in accordance with each Party's laws.

Article 14.4. Transparency

1. Each Party shall make public, including on the Internet, its laws and regulations concerning competition policy, including procedural rules for an investigation.

2. Each Party shall ensure that all final administrative decisions finding a violation of its competition laws are in written form and set out any relevant findings of fact and legal basis on which the decision is based.

3. Each Party shall endeavor to make public the decisions and any orders implementing them in accordance with its own laws and regulations. The version of the decisions or orders that the Party makes available to the public shall not contain business confidential information or other information that is protected by its law from public disclosure.

Article 14.5. Application of Competition Laws

1. This Chapter applies to all undertakings of each Party.

2. Nothing in this Chapter shall be construed to prevent a Party from establishing or maintaining a public enterprise, entrusting enterprises with special or exclusive rights or maintaining such rights.

3. With respect to public enterprises and enterprises entrusted with special rights (51) or exclusive rights:

(a) neither Party shall adopt or maintain any measure contrary to the principles contained in Article 14.2; and

(b) the Parties shall ensure that such enterprises are subject to the competition laws set out in Article 14.13, in so far as the application of these principles and competition laws does not obstruct the performance, in law or in fact, of the particular tasks assigned to them.

(51) Special rights are granted by a Party when it designates or limits to two or more the number of enterprises authorized to provide goods or services, other than according to objective, proportional and non-discriminatory criteria, or confers on enterprises legal or regulatory advantages which substantially affect the ability of any oth er enterprise to provide the same goods or services.

Article 14.6. Cooperation In Law Enforcement

1. The Parties recognize the importance of cooperation and coordination in competition field, to promote effective competition law enforcement. Accordingly, the Parties shall cooperate through notification, consultation, exchange of information, and technical cooperation.

2. The Parties recognize the importance of cooperation on matters related to their consumer protection laws. Accordingly, the Parties may exchange and communicate consumer protection information for the purpose of better protecting consumer's rights and interests.

Article 14.7. Notification

1. Each Party, through its competition authority or authorities, shall notify the other Party of an enforcement activity if it considers that such enforcement activity may substantially affect the other Party's important interests.

2. Provided that it is not contrary to the Parties' competition laws and does not affect any investigation being carried out, the Parties shall endeavor to notify at an early stage and in a detailed manner which is enough to permit an evaluation in the light of the interests of the other Party.

3. The Parties undertake to exert their best efforts to ensure that notifications are made in the circumstances set out above, taking into account the administrative resources available to them.

Article 14.8. Consultation

1. To foster understanding between the Parties, or to address specific matters that arise under this Chapter, each Party shall, on request of the other Party, enter into consultations regarding representations made by the other Party. In its request, the Party shall indicate, if relevant, how the matter affects trade or investment between the Parties.

2. The Party to which a request for consultations has been addressed, shall accord full and sympathetic consideration to the concerns raised by the other Party.

3. To facilitate discussion of the matter that is the subject of the consultations, each Party shall endeavor to provide relevant non-confidential information to the other Party.

Article 14.9. Exchange of Information

1. Each Party shall endeavor to, upon request of the other Party, provide information to facilitate effective enforcement of their respective competition laws, provided that it does not affect any ongoing investigation and is compatible with the laws and regulations governing the agencies possessing the information.

2. Each Party shall maintain the confidentiality of any information provided as confidential by the competition authority of the other Party and shall not disclose such information to any entity that is not authorized by the Party providing information.

3. On request of a Party, each Party shall make available to the other Party public information concerning its exemptions and immunities to its competition laws, provided that the request specifies the particular goods or services and markets of concern, and includes indicia that the exemption or immunity may hinder trade liberalization between the Parties.

Article 14.10. Technical Cooperation

The Parties may promote technical cooperation, including exchange of experiences, capacity building through training programs, workshops and research collaborations for the purpose of enhancing each Party's capacity related to competition policy and law enforcement.

Article 14.11. Independence of Competition Law Enforcement

This Chapter should not intervene with the independence of each Party in enforcing its respective competition laws.

Article 14.12. Dispute Settlement

1. If a Party considers that a given practice continues to affect trade in the sense of this Chapter, it may request consultation to the other Party in the Joint Commission with a view to facilitating a resolution of the matter.

2. Neither Party shall have recourse to Chapter 20 (Dispute Settlement) for any matters arising under this Chapter.

Article 1413. Definitions

For the purposes of this Chapter:

anti-competitive business practices means business conduct or transactions that adversely affect competition in the territory of a Party, such as:

(a) agreements between enterprises, decisions by associations of enterprises and concerted practices, which have as their object or effect the prevention, restriction or distortion of competition in the territory of either Party as a whole or in a substantial part thereof;

(b) any abuse by one or more enterprises of a dominant position in the territory of either Party as a whole or in a substantial part thereof; or

(c) concentrations between enterprises, which significantly impede effective competition, in particular as a result of the creation or strengthening of a dominant position in the territory of either Party as a whole or in a substantial part thereof;

competition laws means:

(a) for China, Anti-monopoly Law and its implementing regulations and amendments; and

(b) for Korea, the Monopoly Regulation and Fair Trade Act and its implementing regulations and amendments;

consumer protection laws means:

(a) for China, Consumer Protection Law and its implementing regulations and amendments; and

(b) for Korea, Chapters III, IV.3, IX, and X of the Framework Act on Consumer and its implementing regulations and amendments;

undertakings means natural persons, legal persons and any other organizations that are in engagement of commodities production, operation or service provision.

Chapter 15. Intellectual Property Rights

  • Chapter   1 Initial Provisions and Definitions 1
  • Section   A Initial Provisions 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Objectives 1
  • Article   1.3 Relation to other Agreements 1
  • Article   1.4 Extent of Obligations 1
  • Article   1.5 Territorial Application 1
  • Section   B Definitions 1
  • Article   1.6 Definitions 1
  • Chapter   2 National Treatment and Market Access for Goods 1
  • Section   A Common Provisions 1
  • Article   2.1 Scope and Coverage 1
  • Article   2.2 Definitions 1
  • Section   B National Treatment 1
  • Article   2.3 National Treatment 1
  • Section   C Reduction or Elimination of Customs Duties 1
  • Article   2.4 Reduction or Elimination of Customs Duties 1
  • Article   2.5 Standstill 1
  • Section   D Special Regimes 1
  • Article   2.6 Temporary Admission of Goods 1
  • Article   2.7 Duty-free Entry of No Commercial Value Articles That Are for Advertising Purposes or to Be Used as Samples 1
  • Section   E Non-Tariff Measures  (3) 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 State Trading Enterprises 2
  • Article   2.12 Trade Related Non-tariff Measures 2
  • Article   2.13 Establishment of Working Group 2
  • Article   2.14 Tariff Rate Quota (trq) Administration 2
  • Article   2.15 Designation of Testing Laboratories 2
  • Section   F : Institutional Provisions 2
  • Article   2.16 Committee on Trade In Goods 2
  • Chapter   3 Rules of Origin and Origin Implementation Procedures 2
  • Section   A Rules of Origin 2
  • Article   3.1 Definitions 2
  • Article   3.2 Originating Goods 2
  • Article   3.3 Treatment of Certain Goods 2
  • Article   3.4 Goods Wholly Obtained or Produced 2
  • Article   3.5 Regional Value Content 2
  • Article   3.6 Accumulation 2
  • Article   37 Minimal Operations or Processes 2
  • Article   3.8 De Minimis 2
  • Article   3.9 Fungible Materials 2
  • Article   3.10 Neutral Elements 2
  • Article   3.11 Sets 2
  • Article   3.12 Packing Materials and Containers 2
  • Article   3.13 Accessories, Spare Parts and Tools 2
  • Article   3.14 Direct Transport 2
  • Section   B Origin Implementation Procedures 2
  • Article   3.15 Certificate of Origin 2
  • Article   3.16 Authorized Body 3
  • Article   3.17 Claims for Preferential Tariff Treatment 3
  • Article   3.18 Post-importation Preferential Tariff Treatment 3
  • Article   3.19 Exemption of Obligation of Submitting Certificate of Origin 3
  • Article   3.20 Record Keeping Requirements 3
  • Article   3.21 Minor Discrepancies and Errors 3
  • Article   3.22 Non-party Invoice 3
  • Article   3.23 Verification of Origin 3
  • Article   3.24 Confidentiality 3
  • Article   3.25 Denial of Preferential Tariff Treatment 3
  • Article   3.26 Transitional Provision for Goods In Transit or Storage 3
  • Article   3.27 Electronic Origin Data Exchange System 3
  • Article   3.28 Sub-committee on Rules of Origin 3
  • Chapter   4 Customs Procedures and Trade Facilitation 3
  • Article   4.1 Definitions 3
  • Article   4.2 Scope and Objectives 3
  • Article   4.3 Facilitation 3
  • Article   4.4 Consistency 3
  • Article   4.5 Transparency 3
  • Article   4.6 Customs Valuation 3
  • Article   4.7 Tariff Classification 3
  • Article   4.8 Customs Cooperation 3
  • Article   4.9 Review and Appeal 3
  • Article   4.10 Advance Rulings 3
  • Article   4.11 Penalties 3
  • Article   4.12 Use of Automated Systems 3
  • Article   4.13 Risk Management 3
  • Article   4.14 Release of Goods 3
  • Article   4.15 Express Shipments 4
  • Article   4.16 Post Clearance Audit 4
  • Article   4.17 Confidentiality 4
  • Article   4.18 Consultation 4
  • Article   4.19 Committee on Customs 4
  • Chapter   5 Sanitary and Phytosanitary Measures 4
  • Article   5.1 Objectives 4
  • Article   5.2 Scope and Definitions 4
  • Article   5.3 Reaffirmation of the Sps Agreement 4
  • Article   5.4 Technical Cooperation 4
  • Article   5.5 Committee on the SPS Measures 4
  • Article   5.6 Non-application of Dispute Settlement 4
  • Chapter   6 Technical Barriers to Trade 4
  • Article   6.1 Objectives 4
  • Article   6.2 Scope and Definitions 4
  • Article   6.3 Affirmation of the Tbt Agreement 4
  • Article   6.4 Standards 4
  • Article   6.5 Technical Regulations 4
  • Article   6.6 Conformity Assessment Procedures 4
  • Article   6.7 Transparency 4
  • Article   6.8 Cooperation 4
  • Article   6.9 Consumer Product Safety 4
  • Article   6.10 Implementing Arrangements 4
  • Article   6.11 Marking and Labeling 4
  • Article   6.12 Measures at the Border 4
  • Article   613 Committee on Technical Barriers to Trade 4
  • Article   6.14 Information Exchange 5
  • Article   6.15 Non-application of Dispute Settlement 5
  • Chapter   7 Trade Remedies 5
  • Section   A Safeguard Measures 5
  • Article   7.1 Application of a Safeguard Measure 5
  • Article   7.2 Conditions and Limitations 5
  • Article   7.3 Provisional Measures 5
  • Article   7.4 Compensation 5
  • Article   7.5 Global Safeguard Measures 5
  • Article   7.6 Definitions 5
  • Section   B Anti-Dumping and Countervailing Duties 5
  • Article   7.7 General Provisions 5
  • Article   7.8 Notification and Consultations 5
  • Article   7.9 Undertakings 5
  • Article   7.10 Verification 5
  • Article   7.11 Public Hearing 5
  • Article   7.12 Investigation after Termination Resulting from a Review 5
  • Article   7.13 Cumulative Assessment 5
  • Article   7.14 De-minimis Standard Applicable to New Shipper Review 5
  • Section   C Committee on Trade Remedies 5
  • Article   7.15 Committee on Trade Remedies 5
  • Chapter   8 Trade In Services 5
  • Article   8.1 Definitions 5
  • Article   8.2 Scope 5
  • Article   8.3 Market Access 6
  • Article   8.4 National Treatment 6
  • Article   8.5 Additional Commitments 6
  • Article   8.6 Schedule of Specific Commitments 6
  • Article   8.7 Domestic Regulation 6
  • Article   8.8 Transparency 6
  • Article   89 Recognition 6
  • Article   8.10 Payments and Transfers 6
  • Article   8.11 Denial of Benefits 6
  • Article   8.12 Monopolies and Exclusive Service Suppliers 6
  • Article   8.13 Subsidies 6
  • Article   8.14 Committee on Trade In Services 6
  • Article   8.15 Business Practices 6
  • Article   8.16 Contact Points 6
  • Chapter   9 Financial Services 6
  • Article   9.1 Scope and Coverage 6
  • Article   9.2 National Treatment 6
  • Article   9.3 Market Access for Financial Institutions 6
  • Article   9.4 Treatment of Certain Information 6
  • Article   9.5 Prudential Carve Out 6
  • Article   9.6 Transparency  (20) 6
  • Article   9.7 Payment and Clearing Systems 6
  • Article   9.8 Recognition of Prudential Measures 6
  • Article   9.9 Specific Commitments  (22) 6
  • Article   9.10 Committee on Financial Services 6
  • Article   9.11 Consultations 6
  • Article   9.12 Dispute Settlement 6
  • Article   9.13 Prior Consultation for Investment Disputes In Financial Services 6
  • Article   9.14 Definitions 6
  • Chapter   10 Telecommunications 7
  • Article   10.1 Scope 7
  • Article   10.2 Relation to other Chapters 7
  • Section   A Access to and Use of Public Telecommunications Networks or Services 7
  • Article   10.3 Access and Use 7
  • Section   B Obligations Relating to Interconnection Provided by Suppliers of Public Telecommunications Networks or Services 7
  • Article   10.4 Interconnection 7
  • Article   10.5 Submarine Cable Systems 7
  • Section   C Additional Obligations Relating to Major Suppliers of Public Telecommunications Networks or Services 7
  • Article   106 Competitive Safeguards 7
  • Article   10.7 Independent Regulatory Bodies 7
  • Article   10.8 Universal Service 7
  • Article   10.9 Licensing Process 7
  • Article   10.10 Allocation and Use of Scarce Telecommunications Resources 7
  • Article   10.11 Enforcement 7
  • Article   10.12 Resolution of Telecommunications Disputes 7
  • Article   10.13 Transparency 7
  • Article   10.14 Measures Concerning Technologies and Standards  (26) 7
  • Article   10.15 Consultation with Industry 7
  • Article   10.16 International Roaming Rates 7
  • Article   10.17 Relation to International Organisations 7
  • Section   E Definitions 7
  • Article   10.18 Definitions 7
  • Chapter   11 Movement of Natural Persons 8
  • Article   11.1 Definitions 8
  • Article   11.2 General Principles 8
  • Article   11.3 General Obligations 8
  • Article   11.4 Visa Facilitation 8
  • Article   11.5 Grant of Temporary Entry 8
  • Article   11.6 Transparency 8
  • Article   11.7 Committee on Movement of Natural Persons 8
  • Article   11.8 Dispute Settlement 8
  • Article   11.9 Relation to other Chapters 8
  • Annex 11-A  SPECIFIC COMMITMENTS 8
  • Section   A China’s Specific Commitments 8
  • Section   B Korea’s Specific Commitments 8
  • Appendix 11-A-1  LIST OF CONTRACTUAL SERVICE SUPPLIERS 8
  • Annex 11-B  VISA FACILITATION 8
  • Annex 11-C  PREFERENTIAL ARRANGEMENT FOR INVESTMENT FACILITATION 9
  • Chapter   12 Investment 9
  • Article   12.1 Definitions 9
  • Article   12.2 Promotion and Protection of Investments 9
  • Article   12.3 National Treatment 9
  • Article   12.4 Most-favored-nation Treatment 9
  • Article   12.5 Minimum Standard of Treatment  (35) 9
  • Article   12.6 Access to the Courts of Justice 9
  • Article   12.7 Prohibition of Performance Requirements 9
  • Article   12.8 Transparency 9
  • Article   12.9 Expropriation and Compensation  (37) 9
  • Article   12.10 Transfers 9
  • Article   12.11 Subrogation 9
  • Article   12.12 Settlement of Investment Disputes between a Party and an Investor of the other Party 9
  • Article   12.13 Special Formalities and Information Requirements 9
  • Article   12.14 Security Exceptions 9
  • Article   12.15 Denial of Benefits 10
  • Article   12.16 Environmental Measures 10
  • Article   12.17 Committee on Investment 10
  • Article   12.18 Services-investment Linkage  (44) 10
  • Article   12.19 Contact Points for Improving Investment Environment 10
  • Annex 12-A  CUSTOMARY INTERNATIONAL LAW 10
  • Annex 12-B  EXPROPRIATION 10
  • Annex 12-C  TRANSFERS 10
  • Chapter   13 Electronic Commerce 10
  • Article   13.1 General 10
  • Article   13.2 Relation to other Chapters 10
  • Article   13.3 Customs Duties  (46) 10
  • Article   13.4 Electronic Authentication and Electronic Signatures 10
  • Article   13.5 Protection of Personal Information In Electronic Commerce 10
  • Article   13.6 Paperless Trading 10
  • Article   13.7 Cooperation on Electronic Commerce 10
  • Article   13.8 Definitions 10
  • Article   13.9 Non-application of Dispute Settlement 10
  • Chapter   14 Competition 10
  • Article   14.1 Objectives 10
  • Article   14.2 Competition Laws and Authorities 10
  • Article   14.3 Principles In Law Enforcement 10
  • Article   14.4 Transparency 10
  • Article   14.5 Application of Competition Laws 10
  • Article   14.6 Cooperation In Law Enforcement 10
  • Article   14.7 Notification 10
  • Article   14.8 Consultation 10
  • Article   14.9 Exchange of Information 10
  • Article   14.10 Technical Cooperation 10
  • Article   14.11 Independence of Competition Law Enforcement 10
  • Article   14.12 Dispute Settlement 10
  • Article   1413 Definitions 10
  • Chapter   15 Intellectual Property Rights 11
  • Section   A General Provisions 11
  • Article   151 Objectives 11
  • Article   15.2 General Principles 11
  • Article   15.3 International Agreements 11
  • Article   15.4 More Extensive Protection 11
  • Article   15.5 Intellectual Property and Public Health 11
  • Section   B Copyright and Related Rights 11
  • Article   15.6 Protection of Copyright and Related Rights 11
  • Article   15.7 Broadcasting and Communication to the Public 11
  • Article   15.8 Protection of Technological Measures 11
  • Article   15.9 Protection of Rights Management Information 11
  • Article   15.10 Limitations and Exceptions 11
  • Section   C Trademarks 11
  • Article   15.11 Trademarks Protection 11
  • Article   15.12 Exceptions to Trademarks Rights 11
  • Article   15.13 Well-known Trademarks 11
  • Article   15.14 Registration and Applications of Trademarks 11
  • Section   D Patents and Utility Model 11
  • Article   15.15 Patents Protection 11
  • Article   15.16 Utility Model 11
  • Section   E Genetic Resources, Traditional Knowledge and Folklore 11
  • Article   15.17 Genetic Resources, Traditional Knowledge and Folklore 11
  • Section   F Plant Variety Protection 11
  • Article   15.18 Plant Variety Protection 11
  • Section   G Undisclosed Information 11
  • Article   15.19 Undisclosed Information 11
  • Section   H Industrial Designs 11
  • Article   15.20 Industrial Designs 11
  • Section   I Acquisition and Maintenance of Intellectual Property Rights 11
  • Article   15.21 Acquisition and Maintenance of Intellectual Property Rights 11
  • Section   J Enforcement of Intellectual Property Rights 11
  • Article   15.22 General Obligation 11
  • Article   15.23 Presumption of Authorship or Ownership 11
  • Article   15.24 Civil and Administrative Procedures and Remedies 11
  • Article   15.25 Provisional Measures 11
  • Article   15.26 Special Requirements Related to Border Measures 11
  • Article   15.27 Criminal Procedures and Remedies 12
  • Article   15.28 Measures Against Repetitive Copyright Infringements on the Internet 12
  • Article   15.29 Request for Information on the Alleged Infringer 12
  • Article   15.30 Cooperation 12
  • Article   15.31 Committee on Intellectual Property Rights 12
  • Chapter   16 Environment and Trade 12
  • Article   16.1 Context and Objectives 12
  • Article   16.2 Scope 12
  • Article   16.3 Levels of Protection 12
  • Article   16.4 Multilateral Environmental Agreements 12
  • Article   16.5 Enforcement of Environmental Measures Including Laws and Regulations 12
  • Article   16.6 Environmental Impact 12
  • Article   16.7 Bilateral Cooperation 12
  • Article   16.8 Institutional and Financial Arrangement 12
  • Article   16.9 Non-application of Dispute Settlement 12
  • Chapter   17 Economic Cooperation 12
  • Section   A General Provisions 12
  • Article   17.1 Objectives 12
  • Article   17.2 Methods and Means 12
  • Article   17.3 Non-application of Dispute Settlement 12
  • Article   17.4 Committee on Economic Cooperation 12
  • Section   B Agro-Fisheries Cooperation 12
  • Article   17.5 Food Security 12
  • Article   176 Fisheries Cooperation 12
  • Article   17.7 Forestry 12
  • Section   C Industrial Cooperation 12
  • Article   17.8 Steel Cooperation 12
  • Article   17.9 Small and Medium-sized Enterprises Cooperation 12
  • Article   17.10 Information and Communications Technology Cooperation 12
  • Article   17.11 Cooperation In Textile 13
  • Article   17.12 Contact Points 13
  • Section   D Government Procurement 13
  • Article   17.13 Objectives 13
  • Article   17.14 Transparency 13
  • Article   17.15 Exchange of Information 13
  • Article   17.16 Contact Points 13
  • Article   17.17 Further Negotiation 13
  • Section   E Other Areas for Cooperation 13
  • Article   17.18 Energy and Resources Cooperation 13
  • Article   17.19 Science and Technology Cooperation 13
  • Article   17.20 Maritime Transport Cooperation 13
  • Article   17.21 Tourism Cooperation 13
  • Article   17.22 Outbound Tourist Cooperation 13
  • Article   17.23 Cultural Cooperation 13
  • Article   17.24 Pharmaceuticals, Medical Devices and Cosmetics Cooperation 13
  • Article   17.25 Local Economic Cooperation 13
  • Article   17.26 China-korea Industrial Complexes/parks 13
  • Article   17.27 Contact Points 13
  • Chapter   18 Transparency 13
  • Article   18.1 Publication 13
  • Article   18.2 Notification and Provision of Information 13
  • Article   18.3 Administrative Proceedings 13
  • Article   18.4 Review and Appeal 13
  • Chapter   19 Institutional Provisions 13
  • Article   19.1 Joint Commission 13
  • Article   19.2 Functions of the Joint Commission 13
  • Article   19.3 Rules of Procedure of the Joint Commission 13
  • Article   19.4 Committees and other Bodies 13
  • Article   19.5 Contact Points 14
  • Chapter   20 Dispute Settlement 14
  • Article   20.1 Cooperation 14
  • Article   20.2 Scope 14
  • Article   20.3 Choice of Forum 14
  • Article   20.4 Consultations 14
  • Article   20.5 Good Offices, Conciliation or Mediation 14
  • Article   20.6 Establishment of Panel 14
  • Article   20.7 Composition of Panel 14
  • Article   20.8 Functions of Panel 14
  • Article   20.9 Rules of Procedure 14
  • Article   20.10 Suspension or Termination of Panel Proceedings 14
  • Article   20.11 Panel Report 14
  • Article   20.12 Implementation of the Final Report of the Panel 14
  • Article   20.13 Reasonable Period of Time 14
  • Article   20.14 Compliance Review 14
  • Article   20.15 Suspension of Concessions or other Obligations 14
  • Article   20.16 Post Suspension 14
  • Article   20.17 Private Rights 14
  • Annex 20-A  RULES OF PROCEDURE 14
  • Annex 20-B  CODE OF CONDUCT FOR PANELISTS AND MEDIATORS 15
  • Chapter   21 Exceptions 15
  • Article   211 General Exceptions 15
  • Article   21.2 Essential Security 15
  • Article   21.3 Taxation 15
  • Article   21.4 Disclosure of Information 15
  • Article   21.5 Measures to Safeguard the Balance of Payments 15
  • Chapter   22 Final Provisions 15
  • Article   22.1 Annexes, Appendices and Footnotes 15
  • Article   22.2 Amendments 15
  • Article   22.3 Amendment of the Wto Agreement 15
  • Article   224 Entry Into Force and Termination 15
  • Article   22.5 Accession 15
  • Article   22.6 Authentic Text 15
  • Annex 22-A  GUIDELINES FOR SUBSEQUENT NEGOTIATION 15