Australia - Korea, Republic of FTA (2014)
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3. Staging. The following staging categories apply to the reduction or elimination of customs duties by Korea pursuant to Article 2.3:

(a) customs duties on originating goods provided for in the items in staging category "0" shall be eliminated entirely and such goods shall be free of customs duty on the date of entry into force of this Agreement;

(b) — customs duties on originating goods provided for in the items in staging category "3" shall be removed in three equal annual stages beginning on the date of entry into force of this Agreement, and such goods shall be free of customs duty, effective 1 January of year three;

(c) customs duties on originating goods provided for in the items in staging category "5" shall be removed in five equal annual stages beginning on the date of entry into force of this Agreement, and such goods shall be free of customs duty, effective 1 January of year five;

(d) customs duties on originating goods provided for in the items in staging category "7" shall be removed in seven equal annual stages beginning on the date of entry into force of this Agreement, and such goods shall be free of customs duty, effective 1 January of year seven;

(e) customs duties on originating goods provided for in the items in staging category "10" shall be removed in 10 equal annual stages beginning on the date of entry into force of this Agreement, and such goods shall be free of customs duty, effective 1 January of year 10;

(f) customs duties on originating goods provided for in the items in staging category "12" shall be removed in 12 equal annual stages beginning on the date of entry into force of this Agreement, and such goods shall be free of customs duty, effective 1 January of year 12;

(g) customs duties on originating goods provided for in the items in staging category "13" shall be removed in 13 equal annual stages beginning on the date of entry into force of this Agreement, and such goods shall be free of customs duty, effective 1 January of year 13;

(h) customs duties on originating goods provided for in the items in staging category "15" shall be removed in 15 equal annual stages beginning on the date of entry into force of this Agreement, and such goods shall be free of customs duty, effective 1 January of year 15;

(i) customs duties on originating goods provided for in the items in staging category "17" shall be removed in 17 equal annual stages beginning on the date of entry into force of this Agreement, and such goods shall be free of customs duty, effective 1 January of year 17;

(j) customs duties on originating goods provided for in the items in staging category "18" shall be removed in 18 equal annual stages beginning on the date of entry into force of this Agreement, and such goods shall be free of customs duty, effective 1 January of year 18;

(k) customs duties on originating goods provided for in the items in staging category "20" shall be removed in 20 equal annual stages beginning on the date of entry into force of this Agreement, and such goods shall be free of customs duty, effective 1 January of year 20;

(l) customs duties on originating goods provided for in the items in staging category "B" shall be reduced by 50 per cent in 10 equal annual stages beginning on the date of entry into force of this Agreement and shall remain at that rate thereafter;

(m) customs duties on originating goods provided for in the items in staging category "S-1" shall be subject to the following provisions:

(i) for goods entered into Korea from 1 December through 30 April, customs duties shall be eliminated entirely and such goods shall be free of customs duty on the date of entry into force of this Agreement; and

(ii) for goods entered into Korea from 1 May through 30 November, customs duties shall be removed in 15 equal annual stages beginning on the date of entry into force of this Agreement, and such goods shall be free of customs duty, effective 1 January of year 15;

(n) customs duties on originating goods provided for in the items in staging category "S-2" shall be subject to the following provisions:

(i) for goods entered into Korea from 1 October through 31 March, customs duties shall remain at base rates; and

(ii) for goods entered into Korea from 1 April through 30 September, customs duties shall be reduced to 30 per cent ad valorem on the date of entry into force of this Agreement. Beginning 1 January of year two, customs duties shall be removed in six equal annual stages, and such goods shall be free of customs duty, effective 1 January of year seven;

(o) customs duties on originating goods provided for in the items in staging category "S-3" shall be subject to the following provisions:

(i) for goods entered into Korea from 1 October through 31 March, customs duties shall remain at base rates; and

(ii) for goods entered into Korea from 1 April through 30 September, customs duties shall be removed in 18 equal annual stages beginning on the date of entry into force of this Agreement, and such goods shall be free of customs duty, effective 1 January of year 18;

(p) customs duties on originating goods provided for in the items in staging category "S-4" shall be subject to the following provisions:

(i) for goods entered into Korea from 1 May through 30 November, customs duties shall remain at base rates; and

(ii) for goods entered into Korea from 1 December through 30 April, customs duties shall be reduced to 24 per cent ad valorem on the date of entry into force of this Agreement. Beginning 1 January of year two, customs duties shall be removed in four equal annual stages, and such goods shall be free of customs duty, effective 1 January of year five;

(q) customs duties on originating goods provided for in the items in staging category "8-5" shall be subject to the following provisions:

(i) for goods entered into Korea from 1 November through 30 April, customs duties shall remain at base rates; and

(ii) for goods entered into Korea from 1 May through 31 October, customs duties shall be removed in 15 equal annual stages beginning on the date of entry into force of this Agreement, and such goods shall be free of customs duty, effective 1 January of year 15;

(r) customs duties on originating goods provided for in the items in staging category "RE" shall remain at base rates; and

(s) no obligations regarding customs duties in this Agreement shall apply with respect to items in staging category "R". Nothing in this Agreement shall affect Korea's rights and obligations with respect to its implementation of the commitments set out in the WTO document WT/Let/492 (Certification of Modifications and Rectifications to Schedule LX — Republic of Korea) dated 13 April, 2005 and any amendments thereto.

4. The base rate of customs duty and staging category are indicated in Korea's Schedule.

5. Interim staged rates shall be rounded down, at least to the nearest tenth of a percentage point or, if the rate of customs duty is expressed in monetary units, at least to the nearest Korean won.

6. For the purposes of this Schedule, year one means the year of entry into force of this Agreement.

7. For the purposes of this Schedule, beginning in year two, each annual stage of tariff reduction shall take effect on 1 January of the relevant year.

Chapter 3. Rules of Origin and Origin Procedures

Section A. Rules of Origin

Article 3.1. Originating Goods

Unless otherwise provided in this Chapter, a good shall be regarded as originating in a Party where:

(a) the good is wholly obtained in the territory of one or both of the Parties within the meaning of Article 3.2;

(b) the good is produced entirely in the territory of one or both of the Parties, exclusively from originating materials;

(c) the good satisfies all applicable requirements of Annex 3-A, as a result of processes performed entirely in the territory of one or both of the Parties by one or more producers; or

(d) the good otherwise qualifies as an originating good in accordance with this Chapter.

Article 3.2. Wholly Obtained Goods

For the purposes of Article 3.1(a), the following goods shall be considered to be wholly obtained in the territory of one or both of the Parties:

(a) mineral goods and other natural resources taken or extracted from the territory of one or both of the Parties;

(b) vegetable goods grown and harvested, picked or gathered in the territory of one or both of the Parties;

(c) live animals born and raised in the territory of one or both of the Parties;

(d) goods obtained from live animals born and raised in the territory of one or both of the Parties;

(e) goods obtained from hunting, trapping, gathering, capturing, aquaculture or fishing conducted within the land territory, internal waters and the outer limit of the territorial sea of one or both of the Parties;

(f) fish, shellfish and other marine life taken from the sea, seabed, ocean floor or subsoil outside the territorial seas of the Parties by a vessel registered or recorded with a Party and entitled to fly its flag;

(g) goods produced on board a factory ship from the fish, shellfish or other marine life referred to in subparagraph (f), provided that such factory ship is registered or recorded with a Party and entitled to fly its flag;

(h) goods, other than fish, shellfish and other marine life, taken or extracted from the seabed, ocean floor or subsoil outside the territory of one or both of the Parties by a Party or a person of a Party, provided that the Party or person of the Party has rights to exploit such seabed, ocean floor or subsoil;

(i) goods taken from outer space, provided that they are obtained by a Party ora person of a Party and not processed in the territory of a non-Party;

(j) waste and scrap derived from:

(i) production in the territory of one or both of the Parties; or

(ii) used goods collected in the territory of one or both of the Parties, provided that such goods are fit only for the recovery of raw materials;

(k) goods collected from the territory of one or both of the Parties which can no longer perform their original purpose and are fit only for the recovery of raw materials; and

(l) goods produced entirely in the territory of one or both of the Parties exclusively from goods referred to in this Article or from their derivatives, at any stage of production.

Article 3.3. Regional Value Content

1. Where Annex 3-A specifies a regional value content requirement, the regional value content shall be calculated in accordance with one of the following methods:

(a) build-down method

RVC = AV-VNM x 100

AV

(b) build-up method

RVC = VOM x 100

AV

where,

RVC is the regional value content, expressed as a percentage;

AV is the adjusted value of the good and shall be:

(a) the FOB value of the good determined in accordance with the Customs Valuation Agreement, inclusive of the cost of transport and insurance to the port or site of final shipment abroad; or

(b) if there is no FOB value of the good or it is unknown and cannot be ascertained, the value determined in accordance with the Customs Valuation Agreement, mutatis mutandis.

VNM is the value of non-originating materials (including materials of undetermined origin) used in the production of the good, as determined in Article 3.4; and

VOM is the value of originating materials used in the production of the good, as determined in Article 3.4.

2. All costs considered for the calculation of regional value content shall be recorded and maintained in conformity with the Generally Accepted Accounting Principles applicable in the territory of the Party where the good is produced.

3. All values for the purposes of calculating regional value content shall be determined in accordance with the Customs Valuation Agreement. For this purpose, the Customs Valuation Agreement shall apply mutatis mutandis to domestic transactions.

Article 3.4. Value of Materials

1. Subject to paragraph 2, the value of non-originating materials referred to in Article 3.3 shall be:

(a) for a material imported directly by the producer of a good, the CIF value at the time of importation of the material; or

(b) for a material acquired within the territory of the Party where the good is produced, the earliest ascertainable value of the non-originating material in the territory of that Party.

2. For the purposes of paragraph 1, the following, where included in accordance with paragraph 1, may be deducted from the value of the non-originating materials:

(a) the value of originating materials used in the production of the non-originating material in the territory of a Party;

(b) the costs of freight, insurance, packing, and all other costs incurred in transporting the material within a Party's territory or between the territories of the Parties to the location of the producer;

(c) duties, taxes, and customs brokerage fees on the material paid in the territory of one or both of the Parties, other than duties and taxes that are waived, refunded, refundable, or otherwise recoverable, including credit against duty or tax paid or payable; and

(d) the cost of processing incurred in the territory of one or both of the Parties in the production of the non-originating material.

3. Subject to paragraph 4, the value of originating materials referred to in Article 3.3 shall be:

(a) for a material imported directly by the producer of a good, the CIF value at the time of importation of the material;

(b) for a material acquired within the territory of the Party where the good is produced, the value of the material; or

(c) for a material that is self-produced, the sum of all costs incurred in the production of the material, including general expenses, and an amount for profit equivalent to the profit added in the normal course of trade.

4. For the purposes of paragraph 3, the following, where not included in accordance with paragraph 3, may be added to the value of the originating materials:

(a) the costs of freight, insurance, packing, and all other costs incurred in transporting the material within a Party's territory or between the territories of the Parties to the location of the producer; and

(b) duties, taxes, and customs brokerage fees on the material paid in the territory of one or both of the Parties, other than duties and taxes that are waived, refunded, refundable, or otherwise recoverable, including credit against duty or tax paid or payable.

5. For greater certainty, when an originating good is used in the subsequent production of another good, no account shall be taken of the non-originating materials contained in the originating good for the purposes of determining the originating status of the subsequently produced good.

6. For greater certainty, when a non-originating good is used in the subsequent production of another good, an account shall be taken only of the non-originating materials contained in the non-originating good for the purposes of determining the originating status of the subsequently produced good.

Article 3.5. Accumulation

1. Originating goods of a Party, incorporated into a good in the territory of the other Party, shall be considered to be originating in the territory of the other Party.

2. A good is originating where the good is produced in the territory of one or both of the Parties by one or more producers, provided that the good satisfies the requirements in Article 3.1 and all other applicable requirements in this Chapter.

Article 3.6. De Minimis

1. A good that does not satisfy a change in tariff classification requirement pursuant to Annex 3-A is nonetheless originating if the value of all non-originating materials that have been used in the production of the good and do not undergo the applicable change in tariff classification does not exceed 10 per cent of the adjusted value of the good, provided that the value of such non-originating materials shall be included in the value of non-originating materials for any applicable regional value content requirement and that the good meets all other applicable requirements in this Chapter.

2. Paragraph 1 shall not apply to goods classified in Chapters 1 through 14 of the Harmonized System unless the non-originating material is provided for in a different subheading than the good for which origin is being determined under this Article.

3. Neither paragraph 1 or 2 shall apply to goods classified under Harmonized System codes 0301 through 0303; 0305 through 0308; 0701 through 0710.10; 0713 through 0714; 0801 through 0810; and 0813.10 through 0813.40.

4. A good classified in Chapters 50 through 63 of the Harmonized System, produced in the territory of a Party, shall be considered to be an originating good if the total weight of all non- originating fibres or yarns used in the production of the component that determines the tariff classification of the good, that do not undergo the applicable change in tariff classification, does not exceed 10 per cent of the weight of the good.

Article 3.7. Fungible Goods and Materials

1. An importer claiming preferential tariff treatment for a good may claim that a fungible good or material is originating where the importer, exporter, or producer has:

(a) physically segregated each fungible good or material; or

(b) used any inventory management method, such as averaging, last-in-first-out (LIFO) or first-in-first-out (FIFO), recognised in the Generally Accepted Accounting Principles of the Party in which the production is performed or otherwise accepted by the Party in which the production is performed.

2. The inventory management method selected in accordance with paragraph 1 for a particular fungible good or material shall continue to be used for that good or material throughout the fiscal year of the person that selected the inventory management method.

Article 3.8. Accessories, Spare Parts and Tools

The origin of the accessories, spare parts or tools presented and classified with a good and delivered with the good at the time of importation:

(a) shall be disregarded if the good is subject to a change in tariff classification requirement; and

(b) shall be taken into account as originating or non-originating materials, as the case may be, in calculating the regional value content of the good, if the good is subject to a regional value content requirement,

provided that:

(c) the accessories, spare parts or tools are not invoiced separately from the good and are included in the price of the good, regardless of whether they appear specified or separately identified in the invoice itself; and

(d) the quantities and value of the accessories, spare parts or tools are customary for the good.

Article 3.9. Packaging Materials and Containers for Retail Sale

1. Packaging materials and containers in which a good is packaged for retail sale shall, if classified with the good, be disregarded in determining whether all the non-originating materials used in the production of the good undergo the applicable change in tariff classification set out in Annex 3-A.

2. If a good is subject to a regional value content requirement, the value of packaging materials and containers described in paragraph 1 shall be taken into account as originating or non-originating materials, as the case may be, in calculating the regional value content of the good.

Article 3.10. Packing Materials and Containers for Transportation and Shipment

1. Packing materials and containers for transportation and shipment shall not be taken into account when determining whether a good is originating.

2. For the purposes of paragraph 1, "packing materials and containers for transportation and

shipment" means the goods used to protect a good during its transportation and does not include the packaging materials and containers in which the good is packaged for retail sale.

Article 3.11. Indirect Materials

1. In determining whether a good is originating, indirect materials shall be treated as originating.

2. For the purposes of paragraph 1, "indirect materials' means articles used in the production of a good which are not physically incorporated into it, nor form part of it, including :

(a) fuel and energy;

(b) tools, dies and moulds;

(c) spare parts and materials used in the maintenance of equipment and buildings;

(d) lubricants, greases, compounding materials and other materials used in production or used to operate equipment and buildings;

(e) gloves, glasses, footwear, clothing, safety equipment and supplies;

(f) equipment, devices and supplies used for testing or inspecting the good; catalysts and solvents; and

(g) any other goods that are not incorporated into the good but whose use in the

(h) production of the good can reasonably be demonstrated to be a part of that production.

Article 3.12. Non-qualifying Operation

1. Notwithstanding other provisions of this Chapter, a good shall not be considered to be originating merely by reason of having undergone one or more of the following operations or processes:

(a) preserving operations to ensure that the products remain in good condition during transport and storage;

(b) changes of packaging, breaking-up and assembly of packages;

(c) washing, cleaning, or removal of dust, oxide, oil, paint or other coverings;

(d) sharpening, simple grinding or crushing or simple cutting;

(e) simple placing in bottles, cans, flasks, bags, cases or boxes, fixing on cards or boards and all other simple packaging operations;

(f) affixing or printing marks, labels, logos and other like distinguishing signs on products or their packaging;

(g) disassembly; or

(h) mere reclassification of goods without any physical change.

2. All operations and processes carried out in the territory of a Party on a good shall be considered together when determining whether the operations and processes undergone by that good fall within the scope of paragraph 1.

Article 3.13. Outward Processing Zones on the Korean Peninsula

Notwithstanding Article 3.1, the Parties agree that certain goods shall be considered to be originating even if they have undergone working or processing outside Korea, on materials exported from Korea and subsequently re-imported there, provided that the working or processing is done in the areas designated by the Parties pursuant to Annex 3-B.

Article 3.14. Direct Transport

1. An originating good shall retain its originating status as determined in accordance with Article 3.1, provided that it is directly transported to the importing Party without passing through the territory of a non-Party.

2. An originating good that is transported through the territory of a non-Party shall not retain its originating status as determined in accordance with Article 3.1 if it:

(a) has undergone any subsequent production or other operation outside the territories of the Parties other than unloading, reloading, storing, repacking, relabelling, splitting up of loads for transport reasons or any other operation necessary to preserve it in good condition or to transport the good to the territory of a Party; or

(b) does not remain under the customs control in the territory of a non-Party.

Section B. Origin Procedures

  • 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