China - Korea, Republic FTA (2015)
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For Korea,

Pursuant to relevant regulations of Ministry of Justice of Korea, Korea commits to issue multiple entry visa valid for one year and for a stay not exceeding thirty days each time to eligible applicants. Korea confirms that its practice is to issue aforesaid multiple entry visa from the second application, to the personnel who visits Korea and then comes China without unlawful record in previous cases.

(30) ICT means: i) with respect to China, the ICT defined in Paragraph 7 of the Section B under the Annex 11-A; and ii) with respect to Korea, the ICT defined in Paragraph 6 of the Section A under the Annex 11-A.

Annex 11-C. PREFERENTIAL ARRANGEMENT FOR INVESTMENT FACILITATION

Based on the needs of each Party, the Parties should encourage, through setting up a preferential arrangement, mutual investment and movement of personnel in accordance with each other’s respective domestic laws and regulations, and without prejudice to its domestic employment market.

The scope of personnel should include business visitor, contractual service supplier, and ICT. Respective government ministries shall engage in and work out the aforementioned arrangement accordingly.

Chapter 12. Investment

Article 12.1. Definitions

For the purposes of this Chapter (31):

covered investment means, with respect to a Party, an investment in its territory of an investor of the other Party that is in existence as of the date of entry into force of this Agreement or established, acquired, or expanded thereafter;

enterprise of a Party (32) means any legal person or any other entity constituted or organized under the applicable laws and regulations of that Party, whether or not for profit, and whether private or government-owned or controlled, and includes a company, corporation, trust, partnership, sole proprietorship, joint venture, association or organization;

freely usable currencies means freely usable currencies as defined under the Articles of the Agreement of the International Monetary Fund;

ICSID Additional Facility Rules means the Rules Governing the Additional Facility for the Administration of Proceedings by the Secretariat of the International Centre for Settlement of Investment Disputes;

ICSID Convention means the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, done at Washington, March 18, 1965;

investment activities means management, conduct, operation, maintenance, use, enjoyment and sale or other disposition of investments;

investments (33) means every kind of asset that an investor owns or controls, directly or indirectly, which has the characteristics of an investment, such as the commitment of capital or other resources, the expectation of gain or profit, or the assumption of risk. Forms that investments may take include:

(i) an enterprise and a branch of an enterprise;

(ii) shares, stocks or other forms of equity participation in an enterprise, including rights derived therefrom;

(iii) bonds, debentures, loans and other forms of debt, including rights derived therefrom;

(iv) rights under contracts, including turnkey, construction, management, production or revenue-sharing contracts;

(v) claims to money and claims to any performance under contract having a financial value associated with investment;

(vi) intellectual property rights, including copyrights and related rights, patent rights and rights relating to utility models, trademarks, industrial designs, layout-designs of integrated circuits, new varieties of plants, trade names, indications of source or geographical indications and undisclosed information;

(vii) rights conferred pursuant to laws and regulations or contracts such as concessions, licenses, authorizations and permits; and

(viii) any other tangible and intangible, movable and immovable property, and any related property rights, such as leases, mortgages, liens and pledges;

investor of a Party means a natural person or an enterprise of a Party that makes investments in the territory of the other Party;

natural person of a Party means a natural person that has the nationality of that Party in accordance with its applicable laws and regulations; and

UNCITRAL Arbitration Rules means the arbitration rules of the United Nations Commission on International Trade Law, as revised in 2010 or as subsequently agreed between the Parties.

(31) It is understood that measures adopted or maintained by local governments are measures adopted or maintained by a Party.
(32) For greater certainty, a branch of an enterprise is not, in and by itself, deemed to be an enterprise.
(33) Investments also include the amounts yielded by investments, in particular, profit, interest, capital gains, dividends, royalties and fees. A change in the form in which assets are invested does not affect their character as investments.

Article 12.2. Promotion and Protection of Investments

1. Each Party shall encourage and create favorable conditions for investors of the other Party to make investments in its territory.

2. Each Party shall, subject to its rights to exercise powers in accordance with the applicable laws and regulations, including those with regard to foreign ownership and control, admit investment of investors of the other Party.

Article 12.3. National Treatment

1. Each Party shall in its territory accord to investors of the other Party and to covered investment treatment no less favorable than that it accords in like circumstances to its own investors and their investments with respect to investment activities.

2. Paragraph 1 shall not apply to non-conforming measures, if any, existing at the date of entry into force of this Chapter maintained by each Party under its laws and regulations, or any amendment or modification to such measures, provided that the amendment or modification does not decrease the conformity of the measure as it existed immediately before the amendment or modification. Treatment granted to covered investment once admitted shall in no case be less favorable than that granted at the time when the original investment was made.

3. Each Party shall take, where applicable, all appropriate steps to progressively remove all the non-conforming measures referred to in paragraph 2. (34)

(34) For the purposes ofthis Article, the term "non-Party" shall not include any separate customs territory within the meaning of the General Agreement on Tariffs and Trade or of the WTO Agreement that is a member of the World Trade Organization as of the date of entry into force of this Agreement.

Article 12.4. Most-favored-nation Treatment

1. Each Party shall in its territory accord to investors of the other Party and to covered investments treatment no less favorable than that it accords in like circumstances to investors of any non-Party and to their investments with respect to investment activities and the matters relating to the admission of investment in accordance with paragraph 2 of Article 12.2.

2. Paragraph 1 shall not be construed so as to oblige a Party to extend to investors of the other Party and covered investments any preferential treatment resulting from its membership of:

(a) any customs union, free trade area, monetary union, similar international agreement leading to such union or free trade area, or other forms of regional economic cooperation;

(b) any international agreement or arrangement for facilitating small scale trade in border areas; or

(c) any bilateral and multilateral international agreements involving aviation, fishery and maritime matters including salvage.

3. It is understood that the treatment accorded to investors of any non-Party and to their investments as referred to in paragraph 1 does not include treatment accorded to investors of any non-Party and to their investments by provisions concerning the settlement of investment disputes between a Party and investors of any non-Party that are provided for in other international agreements.

Article 12.5. Minimum Standard of Treatment  (35)

1. Each Party shall accord to covered investments treatment in accordance with customary international law, including fair and equitable treatment and full protection and security.

2. For greater certainty, paragraph 1 prescribes the customary international law minimum standard of treatment of aliens as the minimum standard of treatment to be afforded to covered investments. The concepts of "fair and equitable treatment" and "full protection and security" do not require treatment in addition to or beyond that which is required by that standard, and do not create additional substantive rights. The obligation in paragraph 1 to provide:

(a) "fair and equitable treatment" (36) includes the obligation not to deny justice in criminal, civil, or administrative adjudicatory proceedings in accordance with the principle of due process of law; and

(b) "full protection and security" requires each Party to provide the level of police protection required under customary international law.

3. A determination that there has been a breach of another provision of this Agreement, or of a separate international agreement, does not establish that there has been a breach of this Article.

4. Each Party shall accord to investors of the other Party, and to covered investments, non-discriminatory treatment with respect to measures it adopts or maintains relating to losses suffered by investments in its territory owing to war or other armed conflict, or revolt, insurrection, riot, or other civil strife.

5. Notwithstanding paragraph 4, if an investor of a Party, in the situations referred to in paragraph 4, suffers a loss in the territory of the other Party resulting from:

(a) requisitioning of its covered investment or part thereof by the latter's forces or authorities; or

(b) destruction of its covered investment or part thereof by the latter's forces or authorities, which was not required by the necessity of the situation, the latter Party shall provide the investor restitution, compensation, or both, as appropriate, for such loss. Any compensation shall be in accordance with Article12.9, mutatis mutandis.

6. Paragraph 4 does not apply to existing measures relating to subsidies or grants that would be inconsistent with Article 12.3.

(35) This Article shall be interpreted in accordance with Annex 12-A.
(36) Determination on fair and equitable treatment shall be based on adequate proof.

Article 12.6. Access to the Courts of Justice

Each Party shall in its territory accord to investors of the other Party treatment no less favorable than that it accords in like circumstances to its own investors and investors of any non-Party, with respect to access to the courts of justice and administrative tribunals and agencies in all degrees of jurisdiction, both in pursuit and in defense of such investors' rights.

Article 12.7. Prohibition of Performance Requirements

1. The provisions of the Agreement on Trade-Related Investment Measures in Annex 1A to WTO Agreement are incorporated into and made part of this Chapter, mutatis mutandis and shall apply with respect to all covered investments under this Chapter.

2. Neither Party shall, in its territory, impose unreasonable or discriminatory measures on covered investment by investors of the other Party concerning performance requirements on export or transfer of technology.

Article 12.8. Transparency

1. Each Party shall promptly publish, or otherwise make publicly available, its laws, regulations, administrative procedures and administrative rulings and judicial decisions of general application as well as international agreements to which the Party is a party and which pertain to or affect investment activities. The Government of each Party shall make easily available to the public, the names and addresses of the competent authorities responsible for such laws, regulations, administrative procedures and administrative rulings.

2. When a Party introduces or changes its laws or regulations that significantly affect the implementation and operation of this Chapter, the Party shall endeavor to provide a reasonable interval between the time when such laws or regulations are published or made publicly available and the time when they enter into force, except for those laws or regulations involving national security, foreign exchange rates or monetary policies and other laws or regulations the publication of which would impede law enforcement.

3. Each Party shall, on the request by the other Party, within a reasonable period of time and through existing bilateral channels, respond to specific questions from, and provide information to, the latter Party with respect to any actual or proposed measure of the former Party, which might materially affect the interests of the latter Party and its investors under this Chapter.

4. Each Party shall, in accordance with its laws and regulations:

(a) make public in advance regulations of general application that affect any matter covered by this Chapter; and

(b) provide a reasonable opportunity for comments by the public for those regulations related to investment and give consideration to those comments before adoption of such regulations.

5. The provisions of this Article shall not be construed so as to oblige any Party to disclose confidential information, the disclosure of which:

(a) would impede law enforcement;

(b) would be contrary to the public interest; or

(c) could prejudice privacy or legitimate commercial interests.

Article 12.9. Expropriation and Compensation  (37)

1. Neither Party shall expropriate or nationalize a covered investment or take any measure equivalent to expropriation or nationalization (hereinafter referred to in this Chapter as "expropriation") except:

(a) for a public purpose;

(b) on a non-discriminatory basis;

(c) in accordance with its laws and international standard of due process of law; and

(d) upon compensation pursuant to paragraphs 2 through 4.

2. The compensation shall be equivalent to the fair market value of the expropriated investments at the time when the expropriation was publicly announced or when the expropriation occurred, whichever is the earlier. The fair market value shall not reflect any change in market value occurring because the expropriation had become publicly known earlier.

3. The compensation shall be paid without delay and shall include interest at a commercially reasonable rate, taking into account the length of time from the time of expropriation to the time of payment. It shall be effectively realizable and freely transferable and shall be freely convertible, at the market exchange rate prevailing on the date of expropriation, into the currency of the Party of the investors concerned, and into freely usable currencies.

4. Without prejudice to the provisions of Article 12.12, the investors affected by expropriation shall have a right of access to the courts of justice or the administrative tribunals or agencies of the Party making the expropriation to seek a prompt review of the investors' case and the amount of compensation in accordance with the principles set out in this Article. (38)

(37) This Article shall be interpreted in accordance with Annexes 12-A and 12-B.
(38) For greater certainty, Annex 12-C applies to this Article.

Article 12.10. Transfers

1. Each Party shall permit all transfers relating to a covered investment to be made freely and without delay into and out of its territory (39). Such transfers include:

(a) contributions to capital, including the initial contribution;

(b) profits, dividends, capital gains, and proceeds from the sale of all or any part of the covered investment or from the partial or complete liquidation of the covered investment;

(c) interest, royalty payments, management fees, and technical assistance and other fees;

(d) payments made under a contract, including a loan agreement;

(e) payments made pursuant to Articles 12.5.4, 12.5.5 and 12.9;

(f) payments arising out of a dispute; and

(g) earnings and remuneration of a national of a Party who works in connection with a covered investment in the territory of the other Party.

2. Each Party shall permit transfers relating to a covered investment to be made in a freely usable currency at the market rate of exchange prevailing at the time of transfer.

3. Each Party shall permit returns in kind relating to a covered investment to be made as authorized or specified in a written agreement between the Party and a covered investment or an investor of the other Party.

4. Notwithstanding paragraphs 1 through 3, a Party may prevent a transfer through the equitable, non-discriminatory, and good faith application of its laws relating to:

(a) bankruptcy, insolvency, or the protection of the rights of creditors;

(b) issuing, trading, or dealing in securities, futures, options, or derivatives;

(c) criminal or penal offenses;

(d) financial reporting or record keeping of transfers when necessary to assist law enforcement or financial regulatory authorities; or

(e) ensuring compliance with orders or judgments in judicial or administrative proceedings.

(39) For greater certainty, the transfers referred to in this Article shall comply with relevant formalities stipulated by the laws and regulations, if any, of a Party relating to exchange administration.

Article 12.11. Subrogation

1. If a Party or its designated agency makes a payment to any of its investors pursuant to an indemnity, guarantee or insurance contract, pertaining to investments of that investor in the territory of the other Party, the latter Party shall:

(a) recognize the assignment, to the former Party or its designated agency, of any right or claim of the investor that formed the basis of such payment; and

(b) recognize the right of the former Party or its designated agency to exercise by virtue of subrogation such right or claim to the same extent as the original right or claim of the investor.

2. If a Party or its designated agency has made a payment to its investors and thereby entered into the rights of the investor, the investor may not make a claim based on these rights against the other Party without the consent of the former Party or its designated agency making the payment. For greater certainty, the investor shall continue to be entitled to exercise its rights that have not been subrogated pursuant to paragraph 1.

3. Articles 12.5, 12.9 and 12.10 shall apply mutatis mutandis as regards payment to be made to the Party or its designated agency referred to in paragraph 1 by virtue of such assignment of right or claim, and the transfer of such payment.

Article 12.12. Settlement of Investment Disputes between a Party and an Investor of the other Party

1. For the purposes of this Article, an investment dispute is a dispute between a Party and an investor of the other Party that has incurred loss or damage by reason of, or arising out of, an alleged breach of any obligation of the former Party under this Chapter with respect to the investor or its covered investments in the territory of the former Party.

2. Any investment dispute shall, as far as possible, be settled amicably through consultation between the investor who is a party to the investment dispute (hereinafter referred to in this Article as "disputing investor") and the Party that is a party to the investment dispute (hereinafter referred to in this Article as "disputing Party"). A written request for consultation shall be submitted to the disputing Party by the disputing investor before the submission of the investment dispute to the arbitration set out in paragraph

3. Such a written request shall specify (40):

(a) the name and address of the disputing investor;

(b) the obligations under this Chapter alleged to have been breached;

(c) a brief summary of the facts of the investment dispute; and (d) the relief sought and the approximate amount of damages.

3. The investment dispute shall on the request of the disputing investor be submitted to either (41):

(a) a competent court of the disputing Party;

(b) arbitration in accordance with the ICSID Convention, if the ICSID Convention is available;

(c) arbitration under the ICSID Additional Facility Rules, if the ICSID Additional Facility Rules are available;

(d) arbitration under the UNCITRAL Arbitration Rules; or

(e) if agreed with the disputing Party, any arbitration in accordance with other arbitration rules, provided that, for the purposes of subparagraphs (b) through (e):

(i) the investment dispute cannot be settled through the consultation referred to in paragraph 2 within four months from the date of the submission of the written request for consultation to the disputing Party; and

(ii) the requirement concerning the domestic administrative review procedure set out in paragraph 7, where applicable, is met.

4. Each Party hereby gives its consent to the submission of an investment dispute by a disputing investor to the arbitration set out in paragraph 3 in accordance with the provisions of this Article.

5. Once the disputing investor has submitted an investment dispute to the competent court of the disputing Party or to one of the arbitrations set out in paragraph 3, the choice of the disputing investor shall be final and the disputing investor may not submit thereafter the same dispute to the other arbitrations set out in paragraph 3. 6. Notwithstanding paragraphs 3 and 4, no claim may be submitted to the arbitration set out in paragraph 3 unless the disputing investor gives the disputing Party written waiver of any right to initiate before any competent court of the disputing Party with respect to any measure of the disputing Party alleged to constitute a breach referred to in paragraph 1.

7. When the disputing investor submits a written request for consultation to the disputing Party under paragraph 2, the disputing Party may require, without delay, the investor concerned to go through the domestic administrative review procedure specified by the laws and regulations of that Party before the submission to the arbitration set out in paragraph 3. The domestic administrative review procedure shall not exceed four months from the date on which an application for the review is filed. If the procedure is not completed by the end of the four months, it shall be deemed to be completed and the disputing investor may submit the investment dispute to the arbitration set out in paragraph 3. The investor may file an application for the review unless the four months consultation period as provided in paragraph 3 has elapsed. (42)

8. The applicable arbitration rules shall govern the arbitration set out in paragraph 3 except to the extent modified in this Article.

9. The award rendered by an arbitral tribunal established under paragraph 3 (hereinafter referred to in this Article as the "Tribunal") shall include:

(a) a finding whether or not there has been a breach by the disputing Party of any obligation under this Chapter with respect to the disputing investor and its covered investments; and

(b) one or both of the following remedies, only if the disputing investor's loss or damage is attributed to such breach:

(i) monetary damages and applicable interest; and

(ii) restitution of property, in which case the award shall provide that the disputing Party may pay monetary damages and any applicable interest, in lieu of restitution.

10. The award which is rendered by the Tribunal shall be final and binding upon both parties to the investment dispute. This award shall be executed in accordance with the applicable laws and regulations concerning the execution of award in force, in the country in whose territory such execution is sought.

11. Notwithstanding paragraph 3, no claim may be submitted to the arbitration set out in that paragraph, if more than three years have elapsed from the date on which the disputing investor first acquired, or should have first acquired, whichever is the earlier, the knowledge that the disputing investor had incurred the loss or damage referred to in paragraph 1.

(40) The written consultation request shall be delivered to the following competent authorities of the disputing Party: (a) in the case of China, the Treaty and Law Department, Ministry of Commerce; and (b) in the case of Korea, International Legal Affairs Division, Ministry of Justice.
(41) For the purposes of subparagraph (a), this paragraph shall not be construed to prevent, where applicable, preliminary trial by administrative tribunals or agencies.
(42) It is understood that any decision made under the domestic administrative review procedure shall not prevent the disputing investor from submitting the investment dispute to the arbitration set out in paragraph 3.

Article 12.13. Special Formalities and Information Requirements

1. Nothing in Article 12.3 shall be construed to prevent a Party from adopting or maintaining a measure that prescribes special formalities in connection with investment activities by investors of the other Party in its territory, such as the requirement that investments be legally constituted under the laws or regulations of the former Party, provided that such formalities are consistent with this Chapter and do not materially impair the protections afforded by the former Party to investors of the latter Party and their investments pursuant to this Chapter.

2. Notwithstanding Articles 12.3 and 12.4, a Party may require an investor of the other Party, in its territory, to provide information concerning its covered investments solely for informational or statistical purposes. The former Party shall protect such information that is confidential from any disclosure that would prejudice the competitive position of the investor of the latter Party or its covered investments. Nothing in this paragraph shall be construed so as to prevent a Party from otherwise obtaining or disclosing information in connection with the equitable and good faith application of its law.

Article 12.14. Security Exceptions

1. Notwithstanding any other provisions in this Chapter other than the provisions of Article 12.5.4 each Party may take any measure:

(a) which it considers necessary for the protection of its essential security interests;

(i) taken in time of war, or armed conflict, or other emergency in that Party or in international relations; or

(ii) relating to the implementation of national policies or international agreements respecting the non-proliferation of weapons;

(b) in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.

2. In cases where a Party takes any measure, pursuant to paragraph 1, that does not conform with the obligations of the provisions of this Chapter other than the provisions of Article 12.5.4, that Party shall not use such measure as a means of avoiding its obligations. (43)

(43) For the purposes of this Article, the term "non-Party" shall not include any separate customs territory within the meaning of the General Agreement on Tariffs and Trade or of the WTO Agreement that is a member of the World Trade Organization as of the date of entry into force of this Agreement.

Article 12.15. Denial of Benefits

  • 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