Australia - Korea, Republic of FTA (2014)
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1. Each Party shall designate a contact point or points to facilitate communications between the Parties. The contact point or points thus designated shall cover any matter arising under this Agreement, except those for which specific contact points or coordinators are designated under other Chapters.

2. On request of the other Party, a Party's contact point shall identify the office or official responsible for the matter and assist, as necessary, in facilitating communications with the other Party.

Article 21.2. Cooperation

On request of a Party, the Parties shall consult on any matter arising under this Agreement or that may affect the operation of this Agreement, including the interpretation and application of this Agreement.

Article 21.3. Joint Committee

1. The Parties hereby establish a Joint Committee comprising officials of each Party, which shall be co-chaired by the Minister for Trade of Korea and the Minister for Trade of Australia, or their respective designees.

2. The Joint Committee shall:

(a) supervise the implementation of this Agreement;

(b) supervise the work of committees, working groups, and other bodies that are under its auspices referred to in paragraphs 1, 2 and 4 of Annex 21-A; and any other bodies established under this Agreement;

(c) explore ways to enhance further trade and investment between the Parties;

(d) seek to resolve disputes regarding any matter arising under this Agreement in accordance with Article 20.7; and

(e) consider any other matter that may affect the operation of this Agreement.

3. The Joint Committee may:

(a) establish and delegate responsibilities to ad hoc and standing committees, working groups, or other bodies;

(b) consider and decide any amendment or other modification to this Agreement subject to ratification by each Party;

(c) as appropriate, issue interpretations of the provisions of this Agreement;

(d) adopt its own rules of procedure; and

(e) take such other action in the exercise of its functions as the Parties may agree.

4, Unless the Parties otherwise agree, the Joint Committee shall convene within one year of the date of entry into force of this Agreement and then annually for three years and thereafter as mutually determined.

Article 21.4. Committees and Working Groups

1. The committees and working groups listed in paragraphs 1 and 3 of Annex 21-A are hereby established under the auspices of the Joint Committee.

2. The composition, functions and frequency of meetings of the committees or working groups established are stipulated in the relevant Chapters of this Agreement. The committees and working groups shall be co-chaired by relevant officials of the Parties. Meetings of the committees and working groups shall be held at such venues and dates as mutually agreed by the Parties and may be conducted in person, or by any other means as mutually determined by the Parties.

3. The Joint Committee may decide to establish other committees or working groups or other bodies in order to assist it in the performance of its tasks.

4. The committees and working groups under the auspices of the Joint Committee shall inform the Joint Committee of their schedule and agenda sufficiently in advance of their meetings. They shall report to the Joint Committee on their activities at each regular meeting of the Joint Committee. The creation or existence of acommittee, working group or other bodies shall not prevent either Party from bringing any matter directly to the Joint Committee.

5. The Joint Committee may decide to change or undertake the task assigned to a committee, working group or other body, or to dissolve any committee, working group or other body.

6. The Parties may establish ad hoc committees, working groups or other bodies. The composition, functions and frequency of meetings of any ad hoc committees, working groups or other bodies shall be determined by the Parties.

Article 21.5. Decision-making

All decisions of the Joint Committee and all committees, working groups and other bodies established under this Agreement shall be made by mutual consent of the Parties.

ANNEX 21-A. Committees and working groups

1. The Committees established are:

(a) the Committee on Trade in Goods in accordance with Article 2.11 (Committee on Trade in Goods);

(b) the Committee on Outward Processing Zones on the Korean Peninsula in accordance with Annex 3-B;

(c) the Committee on Rules of Origin and Trade Facilitation in accordance with Article 4.12 (Committee on Rules of Origin and Trade Facilitation);

(d) the Committee on Financial Services in accordance with Article 8.16 (Committee on Financial Services);

(e) the Committee on Telecommunications in accordance with Article 9.25 (Committee on Telecommunications);

(f) the Committee on Intellectual Property in accordance with Article 13.12 (Committee on Intellectual Property);

(g) the Committee on Agricultural Cooperation in accordance with Article 16.11 (Committee on Agricultural Cooperation); and

(h) the Committee on Energy and Mineral Resources Cooperation in accordance with Article 16.19 (Committee on Energy and Mineral Resources Cooperation).

2. The ad hoc committees, which may be requested to be established by a Party, are:

(a) the ad hoc Committee on Labour in accordance with Article 17.3.2; and

(b) the ad hoc Committee on Environment in accordance with Article 18.6.2.

3. The Working Group established is:

(a) the Working Group on Professional Services in accordance with paragraph 3 of Annex 7-A (Professional Services).

4. The ad hoc Working Groups, which may be established on request of a Party, are:

(a) the ad hoc Working Group on Technical Barriers to Trade in accordance with Article 5.9.4; and

(b) the ad hoc Committee on Audiovisual Co-production in accordance with Article 16 Anstitutional Mechanism) of Annex 7-B.

Chapter 22. General Provisions and Exceptions

Article 22.1. General Exceptions

1. For the purposes of Chapters 2 (Trade in Goods), 3 (Rules of Origin and Origin Procedures), 4 (Customs Administration and Trade Facilitation), 5 (Technical Barriers to Trade and Sanitary and Phytosanitary Measures) and 16 (Cooperation), Article XX of GATT 1994, including its interpretive notes, is incorporated into and made part of this Agreement, mutatis mutandis. The Parties understand that the measures referred to in Article XX(b) of GATT 1994 include environmental measures to protect human, animal or plant life or health, and that Article XX(g) of GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources.

2. For the purposes of Chapters 7 (Cross-Border Trade in Services), 9 (Telecommunications), 10 (Movement of Natural Persons) and 15 (Electronic Commerce), Article XIV of GATS, including its footnotes, is incorporated into and made part of this Agreement, mutatis mutandis. The Parties understand that the measures referred to in Article XIV(b) of GATS include environmental measures to protect human, animal or plant life or health.

3. For the purposes of Chapter 11 (investment), subject to the requirement that such measures are not applied in a manner which would constitute arbitrary or unjustifiable discrimination between investments or between investors, or a disguised restriction on international trade or investment, nothing in this Agreement shall be construed to prevent a Party from adopting or enforcing measures:

(a) necessary to protect human, animal or plant life or health;

(b) necessary to ensure compliance with laws and regulations that are not inconsistent with this Agreement;

(c) imposed for the protection of national treasures of artistic, historic or archaeological value; or

(d) relating to the conservation of living or non-living exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption.

The Parties understand that the measures referred to subparagraph (a) include environmental measures to protect human, animal or plant life or health, and that the measures referred to in subparagraph (d) include environmental measures relating to the conservation of living and non-living exhaustible natural resources.

4. Nothing in this Agreement shall prevent a Party from taking actions authorised by the Dispute Settlement Body of the WTO.

Article 22.2. Essential Security

1. Nothing in this Agreement shall be construed:

(a) to require a Party to furnish any information the disclosure of which it considers contrary to its essential security interests;

(b) to prevent a Party from taking any action which it considers necessary for the protection of its essential security interests:

(i) relating to fissionable and fusionable materials or the materials from which they are derived;

(ii) relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials, or relating to the supply of services, as carried on directly or indirectly for the purpose of supplying or provisioning a military establishment; or

(iii) taken in time of war or other emergency in international relations; or

(c) to prevent a Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.

2. A Party taking action under paragraphs 1(b) and (c) shall, to the extent possible, inform the Joint Committee of measures that have been taken and of their termination.

Article 22.3. Taxation

1. Unless otherwise provided in this Article, nothing in this Agreement shall apply to taxation measures. 2. The following provisions shall apply to taxation measures:

(a) Chapter 2 (Trade in Goods);

(b) Articles 7.2 (National Treatment) and 8.2 (National Treatment);

(c) Articles 7.3 (Most-Favoured-Nation Treatment) and 8.3 (Most-Favoured-Nation Treatment), only where the taxation measure is an indirect tax;

(d) Articles 11.3 (National Treatment) and 11.4 (Most-Favoured-Nation Treatment), only where the taxation measure is an indirect tax; and

(e) Articles 11.9.2 through 11.9.9.

3. Notwithstanding paragraph 2, nothing in the Articles referred to in paragraph 2 shall apply to:

(a) any most-favoured-nation obligation under this Agreement with respect to an advantage accorded by a Party in accordance with a tax convention;

(b) a non-conforming provision of any existing taxation measure;

(c) the continuation or prompt renewal of a non-conforming provision of any existing taxation measure;

(d) an amendment to a non-conforming provision of any existing taxation measure to the extent that the amendment does not decrease its conformity, at the time of the amendment, with any of those Articles;

(e) the adoption or enforcement of any taxation measure aimed at ensuring the equitable or effective imposition or collection of taxes as permitted by GATS Article XIV(d) without regard to the limitation in that Article to direct taxes; or

(f) a provision that conditions the receipt, or continued receipt of an advantage relating to the contributions to, or income of, a pension trust, superannuation fund, or other arrangement to provide pension, superannuation, or similar benefits on a requirement that the Party maintain continuous jurisdiction, regulation, or supervision over such trust, fund, or other arrangement.

4. Article 11.16 (Submission of a Claim to Arbitration) shall apply to a taxation measure alleged to be an expropriation.

5. Article 11.7 (Expropriation and Compensation) shall apply to taxation measures. However, no investor may invoke Article 11.7 as the basis for a claim where it has been determined in accordance with this paragraph that the measure is not an expropriation. An investor that seeks to invoke Article 11.7 with respect to a taxation measure must first refer to the competent authorities, at the time that it gives its notice of intent under Article 11.16.2, the issue of whether that taxation measure is not an expropriation. If the competent authorities do not agree to consider the issue or, having agreed to consider it, fail to agree that the measure is not an expropriation within a period of 180 days of such referral, the investor may submit its claim to arbitration under Article 11.16.3.

6. Nothing in this Agreement shall affect the rights and obligations of either Party under any tax convention. In the event of any inconsistency relating to a taxation measure between this Agreement and any tax convention, the latter shall prevail to the extent of the inconsistency. 7. If either Party considers there is any inconsistency relating to a taxation measure between this Agreement and any tax convention, the competent authorities shall immediately consult. For the purposes of this Article, the competent authorities shall include:

(a) for Australia, the Treasury; and

(b) for Korea, the Ministry of Strategy and Finance.

8. For the purposes of this Article, taxation measures shall not include any customs or import duties.

Article 22.4. Disclosure of Information

Nothing in this Agreement shall be construed to require a Party to furnish or allow access to confidential information the disclosure of which would impede law enforcement or otherwise be contrary to the public interest or which would prejudice the legitimate commercial interests of particular enterprises, public or private.

Article 22.5. Confidentiality

Unless otherwise provided in this Agreement, where a Party provides information to the other Party in accordance with this Agreement and designates the information as confidential, the Party receiving the information shall maintain the confidentiality of the information. The information shall be used only for the purposes specified by the Party providing the information. It shall not be disclosed without the specific written permission of the Party providing the information, except where the release or disclosure of information is necessary to comply with the legal requirements of a Party, in which case the Party that has received the information shall notify the other Party before such release or disclosure is made.

Chapter 23. Final Provisions

Article 23.1. Annexes, Appendices and Footnotes

The Annexes, Appendices and footnotes to this Agreement constitute an integral part of this Agreement.

Article 23.2. Entry Into Force

This Agreement shall enter into force 30 days after the date the Parties exchange written notifications certifying that they have completed their respective applicable legal requirements and procedures or on such other date as the Parties may agree.

Article 23.3. Amendments

1. The Parties may agree, in writing, to amend this Agreement. An amendment shall enter into force after the Parties exchange written notifications certifying that they have completed their respective applicable legal requirements and procedures or on such date as the Parties may agree.

2. Unless otherwise provided in this Agreement, if any provision of the WTO Agreement that is incorporated into or referred to in this Agreement is amended, the Parties shall consult on whether to amend this Agreement.

Article 23.4. Termination

1. This Agreement shall terminate 180 days after the date either Party notifies the other Party in writing that it wishes to terminate the Agreement.

2. Within 30 days of the delivery of a notification under paragraph 1, either Party may make a written request to the other Party to enter into consultations regarding whether any provision of this Agreement should terminate on a date later than that provided under paragraph 1. The consultations shall begin no later than 30 days after the Party delivers its request.

3. This Article shall not apply to Annex 7-B.

Article 23.5. Authentic Text

The Korean and English texts of this Agreement are equally authentic.

Conclusion

IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective Governments, have signed this Agreement.

DONE at Seoul, this 8" day of April, 2014, in duplicate, in the English and Korean languages.

FOR THE GOVERNMENT OF THE REPUBLIC OF KOREA:

FOR THE GOVERNMENT OF AUSTRALIA:

Attachments

Non-Conforming Measures (Chapters 8, 10 and 11)

I. Annex

Explanatory notes

  1. The Schedule of a Party to this Annex sets out, pursuant to Articles 7.6 (Non-Conforming Measures - Cross-Border Trade in Services) and 11.12 (Non-Conforming Measures - Investment), a Party's existing measures that are not subject to some or all of the obligations imposed by:Article 7.2 (National Treatment - Cross-Border Trade in Services) or 11.3 (National Treatment - Investment);Article 7.3 (Most-Favoured-Nation Treatment - Cross-Border Trade in Services) or 11.4 (Most-Favoured-Nation Treatment - Investment);Article 7.4 (Market Access - Cross-Border Trade in Services);Article 7.5 (Local Presence - Cross-Border Trade in Services);Article 11.9 (Performance Requirements - Investment); orArticle 11.10 (Senior Management and Boards of Directors -Investment).
  2. Article 7.2 (National Treatment - Cross-Border Trade in Services) or 11.3 (National Treatment - Investment);
  3. Article 7.3 (Most-Favoured-Nation Treatment - Cross-Border Trade in Services) or 11.4 (Most-Favoured-Nation Treatment - Investment);
  4. Article 7.4 (Market Access - Cross-Border Trade in Services);
  5. Article 7.5 (Local Presence - Cross-Border Trade in Services);
  6. Article 11.9 (Performance Requirements - Investment); or
  7. Article 11.10 (Senior Management and Boards of Directors -Investment).
  8. Each Schedule entry sets out the following elements:Sector refers to the sector for which the entry is made;Obligations Concerned specifies the obligation(s) referred to in paragraph 1 that, pursuant to Articles 7.6.1(a) (Non-Conforming Measures - Cross-Border Trade in Services) and 11.12.1(a) (Non-Conforming Measures - Investment), do not apply to the listed measure(s);Level of Government indicates the level of government maintaining the listed measure(s);For Korea, Measures identifies the laws, regulations or other measures for which the entry is made. For Australia, Source of Measure means the laws, regulations or other measures that are the source of the non-conforming measure for which the entry is made. A measure cited in the Measures or Source of Measure element:means the measure as amended, continued or renewed as of the date of entry into force of this Agreement, andincludes any subordinate measure adopted or maintained under the authority of and consistent with the measure;Description, for Australia, sets out the non-conforming measure for which the entry is made; and Description, for Korea, provides commitments, if any, for liberalisation on the date of entry into force of the Agreement, and the remaining non-conforming aspects of the Measures for which the entry is made.
  9. Sector refers to the sector for which the entry is made;
  10. Obligations Concerned specifies the obligation(s) referred to in paragraph 1 that, pursuant to Articles 7.6.1(a) (Non-Conforming Measures - Cross-Border Trade in Services) and 11.12.1(a) (Non-Conforming Measures - Investment), do not apply to the listed measure(s);
  11. Level of Government indicates the level of government maintaining the listed measure(s);
  12. For Korea, Measures identifies the laws, regulations or other measures for which the entry is made. For Australia, Source of Measure means the laws, regulations or other measures that are the source of the non-conforming measure for which the entry is made. A measure cited in the Measures or Source of Measure element:means the measure as amended, continued or renewed as of the date of entry into force of this Agreement, andincludes any subordinate measure adopted or maintained under the authority of and consistent with the measure;
  13. means the measure as amended, continued or renewed as of the date of entry into force of this Agreement, and
  14. includes any subordinate measure adopted or maintained under the authority of and consistent with the measure;
  15. Description, for Australia, sets out the non-conforming measure for which the entry is made; and Description, for Korea, provides commitments, if any, for liberalisation on the date of entry into force of the Agreement, and the remaining non-conforming aspects of the Measures for which the entry is made.
  16. In accordance with Article 7.6.1(a) (Non-Conforming Measures - Cross-Border Trade in Services) and 11.12.1(a) (Non-Conforming Measures - Investment), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply, in the case of Australia, to the non-conforming measure identified in the Description element of that entry or, in the case of Korea, to the law, regulation or other measure identified in the Measures element of that entry.
  17. Local Presence and National Treatment are separate disciplines and a measure that is only inconsistent with Local Presence (such as residency requirements) need not be reserved against National Treatment.
  18. Where a Party maintains a measure that requires that a service supplier be a citizen, permanent resident or resident of its territory as a condition to the supply of a service in its territory, a Schedule entry for that measure taken with respect to Article 7.2 (National Treatment - Cross-Border Trade in Services), 7.3 (Most-Favoured-Nation Treatment - Cross-Border Trade in Services) or 7.5 (Local Presence - Cross-Border Trade in Services) shall operate as a Schedule entry with respect to Article 11.3 (National Treatment - Investment), 11.4 (Most-Favoured-Nation Treatment -Investment) or 11.9 (Performance Requirements - Investment) to the extent of that measure.
  19. For Korea, a "foreign person" means a foreign national or an enterprise organised under the laws of another country.

Schedule of australia

Introductory Note for the Schedule of Australia

Australia reserves the right to maintain and to add to this Schedule any non-conforming measure at the regional level of government that existed at 1 January 2005, but was not listed in this Schedule at the date of entry into force of this Agreement against the following obligations:

  1. Article 7.2 (National Treatment - Cross-Border Trade in Services) or 11.3 (National Treatment - Investment);
  2. Article 7.3 (Most-Favoured-Nation Treatment - Cross-Border Trade in Services) or 11.4 (Most-Favoured-Nation Treatment - Investment);
  3. Article 7.5 (Local Presence - Cross-Border Trade in Services);
  4. Article 11.9 (Performance Requirements - Investment); or
  5. Article 11.10 (Senior Management and Boards of Directors -Investment).

All Sectors

Obligations Concerned:

National Treatment (Article 11.3)

Senior Management and Boards of Directors (Article 11.10)

Level of Government:

Central and Regional

Source of Measure:

Australia's foreign investment policy, which includes the Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA); Foreign Acquisitions and Takeovers Regulations 1989 (Cth); Financial Sector (Shareholdings) Act 1998 (Cth); and Ministerial Statements.

Land Act 1994 (Qld)

Foreign Ownership of Land Register Act 1988 (Qld)

Description:

Investment

Commonwealth

Notified investments may be refused, subject to interim orders, and/or approved subject to compliance with certain conditions. Investments referred to in (a) through (e) for which no notification is required or received may be subject to orders under Sections 18 through 21 and 21A of the FATA.

A. The following investments may be subject to objections by the Australian Government and may also require notification to the Government (1):

(a) investments by foreign persons (2) of five per cent or more in the media sector, regardless of the value of the investment;

(b) investments by foreign persons in existing (3) Australian businesses, or prescribed corporations, (4) the value of whose assets exceeds $A248 million# in the following sectors:

(i) the telecommunications sector;

(ii) the transport sector, including airports, port facilities, rail infrastructure, international and domestic aviation and shipping services provided either within, or to and from, Australia;

(iii) the supply of training or human resources, or the manufacture or supply of military goods, equipment, or technology, to the Australian or other defence forces;

(iv) the manufacture or supply of goods, equipment or technologies able to be used for a military purpose;

(v) the development, manufacture or supply of, or provision of services relating to, encryption and security technologies and communication systems; and

(vi) the extraction of (or rights to extract) uranium or plutonium, or the operation of nuclear facilities;

(c) investments by foreign persons in existing Australian businesses, or prescribed corporations, in all other sectors, excluding financial sector companies (5), the value of whose total assets exceeds $A1078 million#;

(d) acquisitions by foreign persons of developed non-residential commercial real estate valued at more than $A1078 million#;

(e) direct investments by foreign government investors, irrespective of size;

Notified investments may be refused, subject to interim orders, and/or approved subject to compliance with certain conditions. Investments referred to in (a) through (e) for which no notification is required or received may be subject to orders under Sections 18 through 21 and 21A of the FATA.

B. The acquisition of a stake in an existing financial sector company by a foreign investor, or entry into an arrangement by a foreign investor, that would lead to an unacceptable shareholding situation or to practical control6 of an existing financial sector company, may be refused, or be subject to certain conditions (7).

C. In addition to the measures identified in this entry, other entries in Annex I or Annex II set out additional non-conforming measures imposing specific limits on, or requirements relating to, foreign investment in the following areas:

(a) Telstra;

(b) Commonwealth Serum Laboratories;

(c) Qantas Airways Ltd.;

  • 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 Relation to other Agreements 1
  • Article   1.3 Extent of Obligations 1
  • Section   B General Definitions 1
  • Article   1.4 Definitions 1
  • Chapter   2 Trade In Goods 1
  • Article   2.1 Scope 1
  • Article   2 National Treatment 1
  • Article   2.3 Elimination of Customs Duties 1
  • Article   2.4 Goods Re-entered after Repair or Alteration 1
  • Article   2.5 Duty-free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials 1
  • Article   2.6 Import and Export Restrictions 1
  • Article   2.7 Import Licensing 1
  • Article   2.8 Administrative Fees and Formalities 1
  • Article   2.9 Export Duties, Taxes or other Charges 1
  • Article   2.10 Non-tariff Measures 1
  • Article   2 Committee on Trade In Goods 1
  • Article   2.12 Definitions 1
  • ANNEX 2-A  Elimination of customs duties 1
  • Section   A Tariff Schedule of Australia 1
  • Section   B Tariff schedule of korea 1
  • Chapter   3 Rules of origin and origin procedures 2
  • Section   A Rules of origin 2
  • Article   3.1 Originating goods 2
  • Article   3.2 Wholly obtained goods 2
  • Article   3.3 Regional value content 2
  • Article   3.4 Value of materials 2
  • Article   3.5 Accumulation 2
  • Article   3.6 De minimis 2
  • Article   3.7 Fungible goods and materials 2
  • Article   3.8 Accessories, spare parts and tools 2
  • Article   3.9 Packaging materials and containers for retail sale 2
  • Article   3.10 Packing materials and containers for transportation and shipment 2
  • Article   3.11 Indirect materials 2
  • Article   3.12 Non-qualifying operation 2
  • Article   3.13 Outward processing zones on the korean peninsula 2
  • Article   3.14 Direct transport 2
  • Section   B Origin procedures 3
  • Article   3.15 Certificate of origin 3
  • Article   3.16 Authorised bodies 3
  • Article   3.17 Claims for preferential tariff treatment 3
  • Article   3.18 Post-importation claims for preferential tariff treatment 3
  • Article   3.19 Waiver of certificate of origin 3
  • Article   3.20 Discrepancies and variations 3
  • Article   3.21 Obligations regarding exportations 3
  • Article   3.22 Record keeping requirements 3
  • Article   3.23 Origin verification 3
  • Article   3.24 Verification visit 3
  • Article   3.25 Denial of preferential tariff treatment 3
  • Article   3.26 Non-party invoices 3
  • Article   3.27 Confidentiality 3
  • Article   3.28 Penalties 3
  • Article   3.29 Appeal procedures 3
  • Article   3.30 Definitions 3
  • Chapter   4 Customs administration and trade facilitation 3
  • Article   4.1 Objectives 3
  • Article   4.2 Transparency 3
  • Article   4.3 Harmonisation of documents and data elements 3
  • Article   4.4 Use of automated systems in the paperless trading environment 3
  • Article   4.5 Risk management 3
  • Article   4.6 Release of goods 3
  • Article   4.7 Advance rulings 3
  • Article   4.8 Appeal procedures 4
  • Article   4.9 Customs cooperation 4
  • Article   4.10 Bilateral customs consultation 4
  • Article   4.11 Confidentiality 4
  • Article   4.12 Committee on rules of origin and trade facilitation 4
  • Article   4.13 Definitions 4
  • Chapter   5 Technical barriers to trade and sanitary and phytosanitary measures 4
  • Section   A Technical barriers to trade 4
  • Article   5.1 Scope 4
  • Article   5.2 Affirmation of the tbt agreement 4
  • Article   5.3 International standards, guides and recommendations 4
  • Article   5.4 Technical regulations 4
  • Article   5.5 Marking and labelling 4
  • Article   5.6 Conformity assessment procedures 4
  • Article   5.7 Joint cooperation 4
  • Article   5.8 Transparency 4
  • Article   5.9 Coordination mechanism 4
  • Article   5.10 Information exchange 4
  • Article   5.11 Dispute settlement 4
  • Article   5.12 Definitions 4
  • Section   B Sanitary and phytosanitary measures 4
  • Article   5.13 Scope 4
  • Article   5.14 Affirmation of the sps agreement 4
  • Article   5.15 Contact points 4
  • Article   5.16 Technical meetings 4
  • Article   5.17 Cooperation 4
  • Article   5.18 Dispute settlement 5
  • Chapter   6 Trade remedies 5
  • Section   A Safeguard measures 5
  • Article   6.1 Application of a safeguard measure 5
  • Article   6.2 Conditions and limitations 5
  • Article   6.3 Provisional safeguard measure 5
  • Article   6.4 Compensation 5
  • Article   6.5 Global safeguard measures 5
  • Article   6.6 Definitions 5
  • Section   B Agricultural safeguard measures 5
  • Article   6.7 Agricultural safeguard measures 5
  • Section   C Anti-dumping and countervailing measures 5
  • Article   6.8 Anti-dumping and countervailing measures 5
  • Article   6.9 Notification and consultations 5
  • Article   6.10 Undertakings 5
  • Chapter   7 Cross-border trade in services 5
  • Article   7.1 Scope 5
  • Article   7.2 National treatment 5
  • Article   7.3 Most-favoured-nation treatment 5
  • Article   7.4 Market access 5
  • Article   7.5 Local presence 5
  • Article   7.6 Non-conforming measures 5
  • Article   7.7 Domestic regulation 5
  • Article   7.8 Transparency in developing and applying regulations 5
  • Article   7.9 Recognition 5
  • Article   7.10 Payments and transfers 5
  • Article   7.11 Denial of benefits 5
  • Article   7.12 Audiovisual co-production 6
  • Article   7.13 Definitions 6
  • ANNEX 7-A  Professional services 6
  • ANNEX 7-B  Audiovisual co-production 6
  • Article   1 Competent authorities 6
  • Article   2 Approval of audiovisual co-productions 6
  • Article   3 Co-producer status 6
  • Article   4 Third country co-productions 6
  • Article   5 Entitlement to benefits 6
  • Article   6 Import of equipment 6
  • Article   7 Immigration facilitation 6
  • Article   8 Contributions 6
  • Article   9 Location filming 6
  • Article   10 Participation 6
  • Article   11 Footage 6
  • Article   12 Making up to first-release print 6
  • Article   13 Acknowledgments and credits 6
  • Article   14 Taxation 6
  • Article   15 Balance 6
  • Article   16 Institutional mechanism 6
  • Article   17 Dispute settlement 6
  • Article   18 Implementing arrangements 6
  • Article   19 Review 6
  • Article   20 Scope and interpretation of the annex 6
  • Article   21 Duration and termination 6
  • Article   22 Definitions 6
  • Chapter   8 Financial services 6
  • Article   8.1 Scope 6
  • Article   8.2 National treatment 6
  • Article   8.3 Most-favoured-nation treatment 7
  • Article   8.4 Market access for financial institutions 7
  • Article   8.5 Cross-border trade 7
  • Article   8.6 New financial services 7
  • Article   8.7 Treatment of certain information 7
  • Article   8.8 Senior management and boards of directors 7
  • Article   8.9 Non-conforming measures 7
  • Article   8.10 Exceptions 7
  • Article   8.11 Transparency 7
  • Article   8.12 Self-regulatory organisations 7
  • Article   8.13 Payment and clearing systems 7
  • Article   8.14 Recognition 7
  • Article   8.15 Specific commitments 7
  • Article   8.16 Committee on financial services 7
  • Article   8.17 Consultations 7
  • Article   8.18 Dispute settlement 7
  • Article   8.19 Investment disputes in financial services 7
  • Article   8.20 Definitions 7
  • ANNEX 8-A  Cross-border trade 8
  • ANNEX 8-B  Specific commitments 8
  • Section   A Transfer of information 8
  • Section   B Performance of functions 8
  • Section   C Supervisory cooperation 8
  • Section   D Certain government entities 8
  • Section   E Cross-border trade 8
  • Section   F Chief executive officer 8
  • Section   G Portfolio management 8
  • Section   H Government procurement 8
  • Chapter   9 Telecommunications 8
  • Article   9.1 Scope 8
  • Article   9.2 Relation to other chapters 8
  • Section   A Access to and use of public telecommunications networks or services 8
  • Article   9.3 Access and use 8
  • Section   B Suppliers of public telecommunications networks or services 8
  • Article   9.4 Obligations relating to suppliers of public telecommunications networks or services 8
  • Section   C Additional obligations relating to major suppliers of public telecommunications networks or services 8
  • Article   9.5 Treatment by major suppliers 8
  • Article   9.6 Competitive safeguards 8
  • Article   9.7 Resale 8
  • Article   9.8 Unbundling of network elements 8
  • Article   9.9 Interconnection 8
  • Article   9.10 Provisioning and pricing of leased circuit services 8
  • Article   9.11 Co-location 8
  • Article   9.12 Access to telecommunications facilities 8
  • Section   D Other measures 8
  • Article   9.13 Submarine cable systems 8
  • Article   9.14 Conditions for the supply of value-added services 8
  • Article   9.15 Independent regulatory bodies 9
  • Article   9.16 Universal service 9
  • Article   9.17 Licensing process 9
  • Article   9.18 Allocation and use of scarce telecommunications resources 9
  • Article   9.19 Enforcement 9
  • Article   9.20 Resolution of telecommunications disputes 9
  • Article   9.21 Transparency 9
  • Article   9.22 Measures concerning technologies and standards 9
  • Article   9.23 Consultation with industry 9
  • Article   9.24 Relation to international organisations 9
  • Article   9.25 Committee on telecommunications 9
  • Section   E Definitions 9
  • Article   9.26 Definitions 9
  • ANNEX 9-A  Suppliers of public telecommunications services 9
  • ANNEX 9-B  Exemptions from section c: additional obligations relating to major suppliers of public telecommunications networks or services 9
  • Chapter   10 Movement of natural persons 9
  • Article   10.1 Scope 9
  • Article   10.2 Relation to other chapters 9
  • Article   10.3 Grant of temporary entry 9
  • 10.4  Requirements and procedures relating to the movement of natural persons 9
  • Article   10.5 Online lodgement and processing 9
  • Article   10.6 Dispute settlement 9
  • Article   10.7 Transparency 9
  • Article   10.8 Definitions 9
  • ANNEX 10-A  Specific commitments on the movement of natural persons 9
  • Section   A Australia's specific commitments 9
  • Section   B Korea's specific commitments 10
  • APPENDIX 10-A-1  List of contractual service suppliers 10
  • Chapter   11 Investment 10
  • Section   A Investment 10
  • Article   11.1 Scope 10
  • Article   11.2 Relation to other chapters 10
  • Article   11.3 National treatment 10
  • Article   11.4 Most-favoured-nation treatment 10
  • Article   11.5 Minimum standard of treatment 10
  • Article   11.6 Losses and compensation 10
  • Article   11.7 Expropriation and compensation 10
  • Article   11.8 Transfers 10
  • Article   11.9 Performance requirements 10
  • Article   11.10 Senior management and boards of directors 10
  • Article   11.11 Denial of benefits 10
  • Article   11.12 Non-conforming measures 11
  • Article   11.13 Special formalities and information requirements 11
  • Article   11.14 Subrogation 11
  • Section   B Investor-state dispute settlement 11
  • Article   11.15 Consultation and negotiation 11
  • Article   11.16 Submission of a claim to arbitration 11
  • Article   11.17 Consent of each party to arbitration 11
  • Article   11.18 Conditions and limitations on consent of each party 11
  • Article   11.19 Selection of arbitrators 11
  • Article   11.20 Conduct of the arbitration 11
  • Article   11.21 Transparency of arbitral proceedings 11
  • Article   11.22 Governing law 11
  • Article   11.23 Interpretation of annexes 11
  • Article   11.24 Expert reports 11
  • Article   11.25 Consolidation 11
  • Article   11.26 Awards 12
  • Article   11.27 Service of documents 12
  • Section   C Definitions 12
  • Article   11.28 Definitions 12
  • ANNEX 11-A  Customary international law 12
  • ANNEX 11-B  Expropriation 12
  • ANNEX 11-C  Transfers 12
  • ANNEX 11-D  Illustrative list of australian residency requirements 12
  • ANNEX 11-E  Possibility of a bilateral appellate mechanism 12
  • ANNEX 11-F  Submission of a claim to arbitration 12
  • ANNEX 11-G  Foreign investment policy 12
  • ANNEX 11-H  Service of documents on a party under section b 12
  • ANNEX 11-I  Taxation and expropriation 12
  • Chapter   12 Government procurement 12
  • Article   12.1 Scope 12
  • Article   12.2 Exceptions 13
  • Article   12.3 General principles 13
  • Article   12.4 Publication of notices 13
  • Article   12.5 Time limits 13
  • Article   12.6 Conditions for participation 13
  • Article   12.7 Registration and qualification of suppliers 13
  • Article   12.8 Technical specifications 13
  • Article   12.9 Tender documentation 13
  • Article   12.10 Selective tendering procedures 13
  • Article   12.11 Limited tendering 13
  • Article   12.12 Receipt and opening of tenders and awarding of contracts 13
  • Article   12.13 Post-award information 13
  • Article   12.14 Ensuring integrity in procurement processes 14
  • Article   12.15 Domestic review procedures 14
  • Article   12.16 Rectifications and modifications to coverage 14
  • Article   12.17 Definitions 14
  • Chapter   13 Intellectual property rights 14
  • Article   13.1 General provisions 14
  • Article   13.2 Trademarks 14
  • Article   13.3 Cooperation 14
  • Article   13.4 Domain names on the internet 14
  • Article   13.5 Copyright and related rights 14
  • Article   13.6 Copyright 14
  • Article   13.7 Related rights 14
  • Article   13.8 Patents 14
  • Article   13.9 Enforcement of intellectual property rights 15
  • Article   13.10 Understandings regarding certain public health measures 15
  • Article   13.11 Transitional provisions 15
  • Article   13.12 Committee on intellectual property 15
  • Article   13.13 Definitions 15
  • Chapter   14 Competition policy 15
  • Article   14.1 Objectives 15
  • Article   14 Promotion of competition 15
  • Article   14.3 Application of competition laws 15
  • Article   14.4 Competitive neutrality 15
  • Article   14 Cooperation 15
  • Article   14.6 Notifications 15
  • Article   14.7 Consultations 15
  • Article   14.8 Cross-border consumer protection 15
  • Article   14.9 Dispute settlement 15
  • Article   14.10 Definitions 15
  • Chapter   15 Electronic commerce 15
  • Article   15.1 Objectives 15
  • Article   15.2 Electronic supply of services 15
  • Article   15.3 Customs duties 15
  • Article   15.4 Domestic regulation 15
  • Article   15.5 Electronic authentication and electronic signatures 15
  • Article   15.6 Online consumer protection 15
  • Article   15.7 Paperless trading 16
  • Article   15.8 Online personal data protection 16
  • Article   15.9 Unsolicited commercial electronic messages 16
  • Article   15.10 Definitions 16
  • Chapter   16 Cooperation 16
  • Section   A Agriculture, fisheries and forestry 16
  • Article   16.1 Objective 16
  • Article   16.2 Scope 16
  • Article   16.3 Cooperative activities 16
  • Article   16.4 Innovation, research and development 16
  • Article   16.5 Agriculture 16
  • Article   16.6 Fisheries and aquaculture 16
  • Article   16.7 Forestry 16
  • Article   16.8 Sanitary and phytosanitary matters 16
  • Article   16.9 Security of food supply 16
  • Article   16.10 Contact points 16
  • Article   16.11 Committee on agricultural cooperation 16
  • Article   16.12 Resources 16
  • Section   B Energy and mineral resources 16
  • Article   16.13 Objective 16
  • Article   16.14 Cooperative activities 16
  • Article   16.15 Promotion and facilitation of trade and investment 16
  • Article   16.16 Exchange of information 16
  • Article   16.17 Security in energy and mineral resources 16
  • Article   16.18 Contact points 16
  • Article   16.19 Committee on energy and mineral resources cooperation 17
  • Article   16.20 Resources 17
  • Chapter   17 Labour 17
  • Article   17.1 General principles 17
  • Article   17 Procedural guarantees 17
  • Article   17.3 Institutional mechanism 17
  • Article   17.4 Consultations 17
  • Article   17.5 Cooperation 17
  • Article   17.6 Dispute settlement 17
  • Chapter   18 Environment 17
  • Article   18.1 Levels of protection 17
  • Article   18.2 Multilateral environmental agreements 17
  • Article   18.3 Application and enforcement of environmental laws 17
  • Article   18.4 Trade favouring environment 17
  • Article   18.5 Procedural guarantees 17
  • Article   18.6 Institutional mechanism 17
  • Article   18.7 Consultations 17
  • Article   18.8 Cooperation 17
  • Article   18.9 Dispute settlement 17
  • Chapter   19 Transparency 17
  • Article   19 Publication 17
  • Article   19.2 Provision of information 17
  • Article   19 Administrative proceedings 17
  • Article   19.4 Review and appeal 17
  • Article   19.5 Definitions 17
  • Chapter   20 Dispute settlement 17
  • Article   20.1 Cooperation 17
  • Article   20.2 Scope 17
  • Article   20.3 Contact points 17
  • Article   20.4 Choice of forum 17
  • Article   20.5 Rules of interpretation 17
  • Article   20.6 Consultations 17
  • Article   20.7 Referral to the joint committee 17
  • Article   20.8 Establishment of panel 17
  • Article   20.9 Functions of panels 17
  • Article   20.10 Rules of Procedure 18
  • Article   20.11 Panel Report 18
  • Article   20.12 Suspension and Termination of Proceedings 18
  • Article   20.13 Implementation of the Final Report 18
  • Article   20.14 Non-implementation 18
  • Article   20.15 Compliance Review 18
  • Article   20.16 Private Rights 18
  • Article   20.17 Expenses 18
  • Article   20.18 Time Periods 18
  • ANNEX 20-A  Code of conduct 18
  • ANNEX 20-B  Model rules of procedure 18
  • Attachment to annex 20-b model rules of procedure for dispute settlement panel proceedings 18
  • Chapter   21 Institutional Provisions 18
  • Article   21.1 Contact Points 19
  • Article   21.2 Cooperation 19
  • Article   21.3 Joint Committee 19
  • Article   21.4 Committees and Working Groups 19
  • Article   21.5 Decision-making 19
  • ANNEX 21-A  Committees and working groups 19
  • Chapter   22 General Provisions and Exceptions 19
  • Article   22.1 General Exceptions 19
  • Article   22.2 Essential Security 19
  • Article   22.3 Taxation 19
  • Article   22.4 Disclosure of Information 19
  • Article   22.5 Confidentiality 19
  • Chapter   23 Final Provisions 19
  • Article   23.1 Annexes, Appendices and Footnotes 19
  • Article   23.2 Entry Into Force 19
  • Article   23.3 Amendments 19
  • Article   23.4 Termination 19
  • Article   23.5 Authentic Text 19
  • I  Annex 19
  • Explanatory notes 19
  • Schedule of australia 19
  • Schedule of korea 23
  • II  Annex 27
  • Explanatory notes 27
  • Schedule of australia 27
  • Schedule of korea 30
  • III  Annex 34
  • Schedule of australia 34
  • Section   A Financial services sector 34
  • Section   B Financial services sector 34
  • Schedule of korea 34
  • Section   A Financial services 34
  • Section   B Financial services 35
  • Side letters 36
  • Services and investment korea to australia 36
  • Services and investment australia to korea 36
  • Uncitral transparency rules korea to australia 36
  • Uncitral transparency rules australia to korea 36