(a) promoting cooperation between the private and public sectors of the Parties;
(b) enhancing cooperation in international exhibition and fora related to ICT;
(c) undertaking other appropriate cooperative activities; and
(d) mutual cooperation and support in international organizations related to international standards.
3. The Parties will encourage cooperation in the following areas, including, but not limited to, the following:
(a) scientific and technical cooperation for the software industry of the Parties;
(b) research and development and management of information technology parks;
(c) research and development on information technology services such as integration of broadcasting and telecommunications;
(d) research and development and deployment of networks and telecommunications, when the Parties agree on the necessity of such activities; and
(e) any other areas as agreed by the Parties, such as Intelligent Transport Systems, Automobile Electronics, Mobile Intelligent Terminals, and Key Materials and devices of flat panel display.
Article 17.11. Cooperation In Textile
1. The Parties shall promote the following cooperation as a means of building mutually beneficial partnership in textile industry chain.
2. Areas of textile cooperation may include, but are not limited to, the following:
(a) development and application of industrial textile, functional fiber fabric, fine fabric and knitted fabric;
(b) cooperation and exchange of apparel and fashion design, brand marketing and promotion;
(c) cooperation and exchange in such areas as standard quality system certification, and advanced management experience;
(d) exchange of technology, information, researchers, technicians and other experts; and
(e) any other areas agreed by the Parties.
3. The Parties shall:
(a) promote textile cooperation through related governmental organizations, industry associations and enterprises engaged in textile industry chain; and
(b) facilitate organization of joint fora, seminars, conferences, exhibition and research projects.
Article 17.12. Contact Points
The Parties will designate the contact points on industrial cooperation, as below, in order to facilitate discussion;
(a) for China, the Ministry of Industry and Information Technology, or its successor; and
(b) for Korea, the Ministry of Trade, Industry and Energy, or its successor.
Section D. Government Procurement
Article 17.13. Objectives
The Parties, recognizing the importance of government procurement in their respective economies, shall endeavor to promote cooperative activities between the Parties in the field of government procurement.
Article 17.14. Transparency
The Parties shall publish their laws, or otherwise make publicly available their laws, regulations and administrative rulings of general application as well as their respective international agreements that may affect their procurement markets.
Article 17.15. Exchange of Information
1. The Parties shall at the national level, subject to their respective laws and regulations, exchange information on their respective laws and regulations on government procurement.
2. The exchange of information under paragraph 1 shall be facilitated through the following governmental authorities:
(a) for China, the Ministry of Finance; and
(b) for Korea, the Ministry of Strategy and Finance, and the Public Procurement Service or their successors.
Article 17.16. Contact Points
The Parties will designate the contact points on government procurement, as below, in order to facilitate discussion:
(a) for China, the Ministry of Finance; and
(b) for Korea, the Ministry of Strategy and Finance, and the Public Procurement Service, or their successors.
Article 17.17. Further Negotiation
The Parties agree to commence negotiations on government procurement as soon as possible following completion of negotiations on the accession of China to the WTO Agreement on Government Procurement with a view to concluding, on a reciprocal basis, an agreement on government procurement between the Parties.
Section E. Other Areas for Cooperation
Article 17.18. Energy and Resources Cooperation
1. The Parties shall promote cooperation under this Chapter as a means of building a stronger, more stable, and mutually beneficial partnership in the field of energy and resources.
2. The Parties shall:
(a) promote cooperation between the public and private sectors of the Parties, through their government bodies, public organizations, research centers, universities, and enterprises, engaged in the field of energy and resources;
(b) encourage and support business opportunities, including investment, related to plant construction in the field of energy and resources for a stable and mutually beneficial bilateral relationship;
(c) recognize and facilitate activities related to agreements and cooperation entities that have already been organized; and
(d) enhance policy dialogues on energy saving and comprehensive utilization of resources through senior seminars and other forms and promote cooperation on environment industry through projects, workshop, training, field visits and other appropriate forms.
3. The Parties shall facilitate visits and exchanges of researchers, technicians, and other experts, and shall also promote joint fora, seminars, symposia, conferences, exhibitions, and research projects.
Article 17.19. Science and Technology Cooperation
1. The Parties, recognizing the importance of science and technology in their respective economies, shall endeavor to develop and promote cooperative activities in the field of science and technology.
2. The Parties will encourage and facilitate cooperation in areas, as appropriate, including, but not limited to, the following:
(a) joint research and development, including, if necessary, sharing of equipment;
(b) exchange of scientists, researchers, research equipment engineers, technicians, and experts;
(c) joint organization of seminars, symposia, conferences, and other scientific and technical meetings, including the participation of experts in those activities;
(d) exchange of information on practices, policies, laws, regulations, and programs related to science and technology;
(e) cooperation in the commercialization of products and services resulting from joint scientific and technological activities; and
(f) any other forms of scientific and technological cooperation as agreed by the Parties.
Article 17.20. Maritime Transport Cooperation
The Parties shall endeavor to cooperate in maritime transport through:
(a) establishing contact points to facilitate information exchange on matters related to maritime transportation and logistics services;
(b) arranging training programs and technical cooperation related to port operation and management; and
(c) arranging technical assistance and capacity building activities related to maritime transportation, including the vessel traffic service.
Article 17.21. Tourism Cooperation
The Parties, recognizing that tourism contributes to the enhancement of mutual understanding between them and is an important industry for their economies, shall endeavor to:
(a) explore the possibility of undertaking joint research on tourism development and promotion to increase inbound visitors to each Party;
(b) encourage the relevant authorities and agencies of the Parties to strengthen cooperation in tourism training and education, to ensure high-quality services for tourists of the Parties;
(c) cooperate in joint campaigns to promote tourism in the territories of the Parties through workshops and seminars among the relevant authorities and agencies of the Parties;
(d) collaborate to promote the sustainable development of tourism in the territories of the Parties;
(e) exchange information on relevant statistics, promotional materials, policies, and laws and regulations in tourism and related sectors; and
(f) encourage tourism and transportation authorities and agencies to improve the aviation connectivity between the Parties.
Article 17.22. Outbound Tourist Cooperation
1. China encourages Korean tourist firms to apply, in accordance with relevant laws and regulations of China, for outbound tourist operational business under the current pilot project scheme. (65)
2. With regard to the application of Korean tourist firms, China will give priority in positively considering the authorization of Korean tourist firms to operate outbound tourist business, provided that the applying Korean firms meet all the requirements as stipulated in the relevant laws and regulations of China.
3. The China National Tourism Administration and the Ministry of Culture, Sports and Tourism of Korea will establish a channel to enhance this cooperation.
Article 17.23. Cultural Cooperation
1. The objective of cultural cooperation is to promote cultural exchanges between the Parties. In attaining this objective, the Parties shall respect the existing agreements or arrangements already in effect for cultural cooperation.
2. The Parties, in conformity with their respective legislations and without prejudice to the reservations included in their commitments in other Chapters of this Agreement, shall encourage exchanges of expertise and best practices regarding the protection of cultural heritage sites and historic monuments, including environmental surroundings and cultural landscapes.
3. The Parties endeavor to exchange information to identify, recover, and avoid the illegal traffic of their cultural heritage under the existing bilateral cooperation mechanism.
4. The Parties shall endeavor to promote cooperation in broadcasting and audio-video services sectors, for the purpose of deepening mutual understanding between the Parties.
Article 17.24. Pharmaceuticals, Medical Devices and Cosmetics Cooperation
1. The Parties shall endeavor to cooperate for mutual growth and development in the sector of pharmaceuticals, medical devices and cosmetics, recognizing the importance of improving and protecting public health.
2. Areas of cooperation in the sector of pharmaceuticals, medical devices, and cosmetics include, but are not limited to the following:
(a) information exchange on :
(i) policies including legislative progress and enforcement; and
(ii) conferences, seminars, workshops, exhibitions, fairs and other events to encourage participation;
(b) cooperation in relevant private sector: (i) exchange of researchers, students and those involved in relevant industries;
(ii) joint research programs and projects and their commercialization;
(iii) product quality upgrade, supply-chain networking, technology trade, etc.; and
(iv) promotion and facilitation of mutual investment opportunities.
Article 17.25. Local Economic Cooperation
1. The Parties agree to facilitate the local economic cooperation, taking full use of advantages of the outcome of this Agreement, and initiate pilot cooperation project by identifying Weihai and Incheon Free Economic Zone (IFEZ) as demonstration areas. The detailed programs of such cooperation shall be discussed by the municipal government of Weihai and Incheon after the conclusion of the negotiations of this Agreement.
2. The pilot cooperation project will explore and carry out cooperation in the fields including, but not limited to, trade, investment, services, industrial cooperation, so as to play an exemplary and leading role for local economic cooperation under the framework of this Agreement.
3. The Parties will explore the possibility to expand the local economic cooperation nationwide, after reviewing the results of the pilot cooperation project.
Article 17.26. China-korea Industrial Complexes/parks
1. The Parties agree to strengthen cooperation in establishment, operation and development in the Industrial Complexes/Parks to be designated by the Parties, including knowledge sharing, exchanging information and facilitating investment.
2. The Parties shall endeavor to promote mutual investment by companies in the Industrial Complexes/Parks to be designated by the Parties.
Article 17.27. Contact Points
The Parties will designate the contact points on other areas for cooperation, except for outbound tourist cooperation under Article 17.22, in order to facilitate discussion;
(a) for China, the Ministry of Commerce, or its successor; and
(b) for Korea, the Ministry of Trade, Industry and Energy, or its successor.
Chapter 18. Transparency
Article 18.1. Publication
1. Each Party shall ensure that its measures respecting any matter covered by this Agreement are promptly published or otherwise made available in such a manner as to enable interested persons of the other Party and the other Party to become acquainted with them.
2. To the extent possible, each Party shall:
(a) publish in advance any such measures that it proposes to adopt; and
(b) provide a reasonable opportunity for interested persons of the other Party and the other Party to comment on such proposed measures.
Article 18.2. Notification and Provision of Information
1. To the extent possible, each Party shall notify the other Party of any proposed or actual measure that the Party considers might materially affect the operation of this Agreement or otherwise substantially affect the other Party's legitimate interests under this Agreement.
2. On the request of the other Party, a Party shall, within 30 days of receipt of the request, provide information and respond to questions pertaining to any actual or proposed measure that the other Party considers might materially affect the operation of this Agreement, whether or not the other Party has been previously notified of that measure.
3. The information referred to under this Article shall be considered to have been provided when it has been made available by appropriate notification to the WTO or when it has been made available on the official, public and fee-free accessible website of the Party concerned. 4. Any notification, request, or information under this Article shall be conveyed to the other Party through their Contact Points referred to in the Article 19.5 (Contact Points).
Article 18.3. Administrative Proceedings
With a view to administering in a consistent, impartial, and reasonable manner all measures of general application affecting matters covered by this Agreement, each Party shall ensure, in its administrative proceedings applying measures referred to in Article 18.1 to particular persons, goods or services of the other Party in specific cases, that:
(a) wherever possible, persons of the other Party that are directly affected by a proceeding are provided with reasonable notice, in accordance with the Party's procedures, when a proceeding is initiated, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated and a general description of any issues in controversy;
(b) such persons are afforded a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, when time, the nature of the proceeding and the public interest permit; and
(c) its procedures are in accordance with its law.
Article 18.4. Review and Appeal
1. Each Party shall establish or maintain judicial, quasi-judicial, or administrative tribunals or procedures for the purpose of the prompt review and, where warranted, correction of final administrative actions regarding matters covered by this Agreement. Such tribunals shall be impartial and independent of the office or authority entrusted with administrative enforcement and shall not have any substantial interest in the outcome of the matter.
2. Each Party shall ensure that, in any such tribunals or procedures, the parties to the proceeding are provided with the right to:
(a) a reasonable opportunity to support or defend their respective positions; and
(b) a decision based on the evidence and submissions of record or, where required by the Party's law, the record compiled by the administrative authority.
3. Each Party shall ensure, subject to appeal or further review as provided in its law, that such decision shall be implemented by, and shall govern the practice of, the office or authority with respect to the administrative action at issue.
Chapter 19. Institutional Provisions
Article 19.1. Joint Commission
The Parties hereby establish the China-Korea Free Trade Area Joint Commission (hereinafter referred to as the "Joint Commission") at the level of Ministers comprising representatives of both Parties.
Article 19.2. Functions of the Joint Commission
1. The Joint Commission shall:
(a) oversee the implementation and further elaboration of this Agreement;
(b) consider any proposal to amend this Agreement or to make modifications to the commitments therein;
(c) oversee the work of all committees and other bodies established under this Agreement;
(d) consider ways to further enhance trade and investment between the Parties in accordance with the objective of this Agreement;
(e) seek to resolve differences that may arise regarding the interpretation or application of this Agreement; and
(f) consider any other matter that may affect the operation of this Agreement.
2. The Joint Commission may:
(a) establish and delegate responsibilities to ad hoc and standing committees or other bodies;
(b) adopt rules of procedure; and
(c) take such other action in the exercise of its functions as the Parties may agree.
Article 19.3. Rules of Procedure of the Joint Commission
1. The Joint Commission shall take decisions on any matter within its functions as set out in Article 19.2 by mutual agreement.
2. The Joint Commission shall convene in regular sessions once per year and at other times as the Parties may agree. Regular sessions of the Joint Commission shall be held alternately in the territory of each Party and chaired successively by each Party. Other sessions of the Joint Commission shall be held at such location as the Parties may agree and chaired by the Party hosting the meeting.
3. The Joint Commission shall be chaired by, the Minister of Commerce of China or its successor and the Minister of Trade, Industry and Energy of Korea or its successor, or their respective designees.
4. Each Party shall be responsible for the composition of its own delegation to the Joint Commission.
5. The Party chairing a session of the Joint Commission shall provide necessary administrative support for such session, and shall record any decisions and discussions of the Joint Commission, copies of which will be provided to the other Party.
6. Each Party shall treat any confidential information exchanged in relation to a meeting of the Joint Commission or any body created under paragraph 2(a) of Article 19.2 on the same basis as the Party providing the information.
7. All decisions of the Joint Commission and all Committees, working groups, and other bodies established under this Agreement shall be taken by consensus of the Parties.
Article 19.4. Committees and other Bodies
1. The following Committees and bodies are hereby established under the auspices of the Joint Commission.
(a) The Committee on Trade in Goods;