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Australia - Korea, Republic of FTA (2014)
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Transport Services

Obligations Concerned:

Local Presence (Article 7.5)

National Treatment (Article 7.2)

Level of Government:

Regional

Source of Measure:

Commercial Passenger (Road Transport) Act (NT)

Road Transport (Public Passenger Services) Regulations 2002 (ACT)

Description:

Cross-Border Trade in Services

Northern Territory

A taxi licence will be cancelled where the holder, being an individual, has not been ordinarily resident in the Northern Territory for more than six months or, being a body corporate, has ceased for more than six months to have its principal place of business in the Northern Territory.

Australian Capital Territory

An application for accreditation to run a public transport service must be made by an Australian citizen or permanent resident of Australia.

(1) Foreign Acquisitions and Takeovers Act 1975 (FATA). "Investments" means activities covered by Part II of FATA or, where applicable, ministerial statements on foreign investment policy. Funding arrangements that include debt instruments having quasi-equity characteristics will be treated as direct foreign investment.
(2) A "foreign person" means, as defined in section 5 of the FATA: 1. a natural person not ordinarily resident in Australia; 2. a corporation in which a natural person not ordinarily resident in Australia or a foreign corporation holds a controlling interest; 3. a corporation in which two or more persons, each of whom is either a natural person not ordinarily resident in Australia or a foreign corporation, hold an aggregate controlling interest; 4. the trustee of a trust estate in which a natural person not ordinarily resident in Australia or a foreign corporation holds a substantial interest; or 5. the trustee of a trust estate in which two or more persons, each of whom is either a natural person not ordinarily resident in Australia or a foreign corporation, hold an aggregate substantial interest.
(3) For the purposes of this entry, "existing" means in existence at the time the investment is proposed or made.
(4) For the purposes of this entry, "prescribed corporation" means: 1. a trading corporation; 2. a financial corporation; 3. a corporation incorporated in a Territory under the law in force in that Territory relating to companies; 4. a foreign corporation that, on its last accounting date, held assets the sum of the values of which exceeded $A 248 million (for item (b) of the entry) or $A1078 million (for item (c) of the entry), being assets consisting of all or any of the following: (i) land situated in Australia (including legal and equitable interests in such land); (ii) mineral rights; (iii) shares in a corporation incorporated in Australia; 5. a foreign corporation that was, on its last accounting date, a holding corporation of an Australian corporation or Australian corporations, where the sum of the values on that date of the assets of the Australian corporation or Australian corporations exceeded $A248 million (for item (b) of the entry) or $A1078 million (for item (c) of the entry); 6. a corporation that was, on its last accounting date, a holding corporation of an foreign corporation referred to in paragraph (d) or (e) of this footnote; 7. a foreign corporation that, on its last accounting date, held assets of a kind or kinds referred to in paragraph (d) of this footnote, where the sum of the values on that date of those assets was not less than one-half of the sum of the values on that date of the assets of the foreign corporation and of all the subsidiaries of that corporation; or 8. a foreign corporation that was, on its last accounting date, a holding corporation of an Australian corporation or Australian corporations, where the sum of the values on that date of the assets of that Australian corporation or those Australian corporations was not less than one-half of the sum of the values on that date of the assets of the foreign corporation and of all the subsidiaries of that corporation.
# This is the figure as at 1 January 2013. To be indexed on 1 January each year to the GDP implicit price deflator in the Australian National Accounts for the previous financial year. If the Agreement has not entered into force by 1 January 2014, this figure will be indexed on entry into force.
(5) A "financial sector company" means, as defined in section 3 of the Financial Sector (Shareholdings) Act 1998: 1. an authorised deposit-taking institution; 2. an authorised insurance company; or 3. a holding company of a company covered by paragraph (a) or (b) of this footnote.
(6) "Unacceptable shareholding situation" and "practical control" as defined in the Financial Sector (Shareholdings) Act 1998.
(7) Ministerial statements on foreign investment policy including the Treasurer's Press Release No. 28 of 9 April 1997.
(8) "Association" includes a trading association.
(9) "Third party trading scheme" means a scheme or arrangement under which the acquisition of goods or services by a consumer from a supplier is a condition, which gives rise, or apparently gives rise, to an entitlement to a benefit from a third party in the form of goods or services or some discount, concession or advantage in connection with the acquisition of goods or services.
(10) For the purposes of this entry, a person is taken to be "ordinarily resident" in Australia if the person has his or her home in Australia or Australia is the country of his or her permanent abode even though he or she is temporarily absent from Australia. However, the person is taken not to be ordinarily resident in Australia if he or she resides in Australia for a special or temporary purpose only.
(11) A "licensed agent" includes a real estate agent, business agent or conveyancing agent.
(12) For the purposes of this reservation, a "foreign fishing vessel" is one that does not meet the definition of an Australian boat under the Fisheries Management Act 1991 (Cth), that is, an Australian-flagged boat (not owned by a foreign resident) or a boat owned by an Australian resident or corporation and built, and whose operations are based, in Australia.
(13) The levy charged will be in accordance with the Foreign Fishing Licences Levy Act 1991 or any amendments thereto.
(14) Firearms licences include, but are not limited to, firearms dealer's licence, armourer's licence, firearms museum licence, firearms collector's licence, firearms employee licence and paintball operator's licence.
(15) For the purposes of this entry, "significant foreign shareholding" means a holding of voting shares in CSL in which a foreign person has a relevant interest, if the foreign person has relevant interests in at least five per cent of the voting shares in CSL.
(16) This term is defined in Schedule 7 of the Nature Conservation (Administration) Regulation 2006 (Qld).
(17) For the purposes of this entry, section 10.48 and 10.58 of Part X of the Competition and Consumer Act 2010 list the categories of persons to whom this reservation will apply.

Schedule of korea

Construction Services

Obligations Concerned:

Local Presence (Article 7.5)

Measures:

Framework Act on the Construction Industry (Law No. 12012, August 6, 2013), Articles 9 and 10

Enforcement Decree of the Framework Act on the Construction Industry (Presidential Decree No. 24616, June 17, 2013), Article 13

Enforcement Regulations of the Framework Act on the Construction Industry (Ordinance of the Ministry of Land, Infrastructure and Transport No.10, June 17, 2013), Articles 2 and 3

Information and Communication Construction Business Act (Law No. 11690, March 23, 2013), Article 14

Fire Fighting System Installation Business Act (Law No. 11782, May 22, 2013), Articles 4 and 5

Enforcement Decree of the Fire Fighting System Installation Business Act (Presidential Decree No. 24417, March 23, 2013), Article 2 (Table 1)

Enforcement Regulations of the Fire Fighting System Installation Business Act (Ordinance of Ministry of Security and Public Administration No. 3, March 23, 2013), Article 2

Description:

Cross-Border Trade in Services

A person that supplies construction services in Korea must, prior to the signing of the first contract related to such services, establish an office in Korea.

Leasing, Rental, Maintenance, Repair, Sales, and Disposal Services Related to Construction Machinery and Equipment

Obligations Concerned:

Local Presence (Article 7.5)

Measures:

Construction Machinery Management Act (Law No. 11919, July 16, 2013), Article 21

Enforcement Decree of the Construction Machinery Management Act (Presidential Decree No. 24443, March 23, 2013), Articles 13, 14, 15 and 15-2

Enforcement Regulations of the Construction Machinery Management Act (Ordinance of the Ministry of Land, Infrastructure and Transport No. 1, March 23, 2013), Articles 57 through 63, 65-2 and 65-3

Description:

Cross-Border Trade in Services

A person that supplies leasing, rental, maintenance, repair, sales, and disposal services related to construction machinery and equipment must establish an office in Korea.

Transportation Services - Automobile Maintenance, Repair, Sales, Disposal, and Inspection Services; Automobile License Plate Issuing Services

Obligations Concerned:

Market Access (Article 7.4)

Local Presence (Article 7.5)

Measures:

Automobile Management Act (Law No. 11929, July 16, 2013), Articles 20, 44, 45 and 53

Enforcement Regulations of the Automobile Management Act (Ordinance of the Ministry of Land, Infrastructure and Transport No. 24, September 6, 2013), Articles 7, 8, 83, 87 and 111

Rule on Enforcement of Comprehensive Inspection of Automobiles, Etc. (Ordinance of the Ministry of Land, Infrastructure and Transport No. 1, March 23, 2013), Article 16

Description:

Cross-Border Trade in Services

A person that supplies automobile management services (which includes used car sales, maintenance, auto dismantling and recycling services) must establish an office in Korea and register its business with the head of the si/gun/gu (municipal authorities), which is subject to an economic needs test, as appropriate.

A person that supplies automobile inspection services that is designated as a "designated inspection facility" must establish an office in Korea.

A person that supplies license plate manufacturing, delivery, and seal services that is designated as a "license plate issuing agency" must establish an office in Korea.

Distribution Services - Wholesale and Retail Distribution of Tobacco and Liquor

Obligations Concerned:

Market Access (Article 7.4)

Local Presence (Article 7.5)

Measures:

Tobacco Business Act (Law No. 11690, March 23, 2013), Articles 12, 13 and 16

Enforcement Decree of the Tobacco Business Act (Presidential Decree No. 24519, April 26, 2013), Articles 4 and 5

Enforcement Regulations of the Tobacco Business Act (Ordinance of the Ministry of Strategy and Finance No. 131, March 3, 2010), Articles 5, 7 and 7-3

Liquors Act (Law No. 11873, June 7, 2013), Articles 8 through 10 and 43

Enforcement Decree of the Liquors Act (Presidential Decree No. 24638, June 28, 2013), Article 9 and 56

Notice on Sales of Liquor by Telecommunication Means (Notice of National Tax Service, No. 2012-68, October 1, 2012) and Notice on Designation of Zone for Liquor License (Notice of National Tax Service, No. 2013-15, April 1, 2013)

Description:

Cross-Border Trade in Services

A person that supplies tobacco wholesale (including importation) or retail distribution services must establish an office in Korea.

Only designated tobacco retailers may sell tobacco to retail buyers. The sale of tobacco to retail buyers by mail or in electronic commerce is prohibited.

The distance between places of business of tobacco retailers must be at least 50 meters.

A person that supplies liquor wholesale distribution services must establish an office in Korea and obtain authorisation from the head of the relevant tax office, which is subject to an economic needs test.

The sale of liquor by telephone or in electronic commerce is prohibited.

Agriculture and Livestock

Obligations Concerned:

National Treatment (Article 11.3)

Measures:

Foreign Investment Promotion Act (Law No. 11535, December 11, 2012), Article 4

Enforcement Decree of the Foreign Investment Promotion Act (Presidential Decree No. 24638, June 28, 2013), Article 5

Regulations on Foreign Investment and Introduction of Technology (Notice of the Ministry of Trade, Industry and Energy, No. 2013-37, May 30, 2013), Attached table 2

Description:

Investment

Foreign persons may not:

  1. invest in an enterprise engaged in rice or barley farming; or
  2. hold 50 per cent or more of the equity interest of an enterprise engaged in beef cattle farming.

Business Services - An-gyung-sa (Optician and Optometry) Services

Obligations Concerned:

Market Access (Article 7.4)

Local Presence (Article 7.5)

Measures:

Medical Technicians Act (Law No. 11860, June 4, 2013), Article 12

Enforcement Regulations of the Medical Technicians Act (Ordinance of the Ministry of Health and Welfare No. 193, April 17, 2013), Article 15

Description:

Cross-Border Trade in Services

Only a natural person that is a licensed an-gyung-sa (optician or optometrist) that has established an office in Korea may engage in optician or optometry services.

An an-gyung-sa (optician or optometrist) may not establish more than one office.

Wholesale and Retail Distribution Services

Obligations Concerned:

Market Access (Article 7.4)

Local Presence (Article 7.5)

Measures:

Pharmaceutical Affairs Act (Law No. 12074, August 13, 2013), Articles 42 and 45

Enforcement Decree on the Pharmaceutical Affairs Acts (Presidential Decree No. 24479, March 23, 2013), Article 31-2

Enforcement Decree on the Standards of Facilities of Manufacturer and Importers of Medicinal Products, Etc. (Presidential Decree No. 24479, March 23, 2013), Article 6

Supply and Demand of Oriental Medicinal Herbs Regulations (Notice of the Ministry of Health and Welfare, No. 2013-63, April 18, 2013), Articles 4 and 12

Medical Devices Act (Law No. 12107, August 13, 2013), Article 15

Enforcement Regulations of the Medical Devices Act (Ordinance of the Prime Minister No. 1016, March 23, 2013), Article 20

Health Functional Foods Act (Law No. 11508, October 22, 2012), Article 6

Enforcement Regulations of the Health Functional Foods Act (Ordinance of the Prime Minister No. 1010, March 23, 2013), Articles 2 and 5

Food Sanitation Act (Law No. 11819, May 22, 2013), Articles 24, 36 and 37

Enforcement Decree of the Food Sanitation Act (Presidential Decree No. 24800, October 16, 2013), Articles 23 and 24

Enforcement Regulations of the Food Sanitation Act (Ordinance of the Prime Minister No. 1041, October 25, 2013), Articles 23 and 36 (attached table 14)

Act on the Control of Narcotics, Etc. (Law No. 11984, July 30, 2013), Articles 6 and 6-2

Description:

Cross-Border Trade in Services

A person that supplies wholesale trade services must establish an office in Korea in order to receive an import business license to supply such services with respect to:

  1. pharmaceuticals and related items;
  2. medical devices; or
  3. health functional foods (including dietary supplements).

To supply the following services a person must establish an office in Korea:

  1. transportation, sales, and preservation (cold storage) of food and food additives;
  2. food supply services;
  3. food inspection services; or
  4. narcotic drug wholesale and retail distribution services.

The Minister of Health and Welfare controls the supply and demand of the wholesale distribution of imported designated han-yak-jae (Asian medicinal herbs).

Certain liquor-selling bars and the wholesale and retail distribution of narcotics require authorisation by the relevant authority.

Retail Distribution Services of Pharmaceuticals

Obligations Concerned:

Market Access (Article 7.4)

Local Presence (Article 7.5)

Measures:

Pharmaceutical Affairs Act (Law No. 12074, August 13, 2013), Articles 20 and 21

Enforcement Decree on the Pharmaceutical Affairs Act (Presidential Decree No. 24479, March 23, 2013), Article 22-2

Description:

Cross-Border Trade in Services

A person that supplies pharmaceutical product retail distribution services (including distribution of han-yak-jae (Asian medicinal herbs)) must establish a pharmacy in Korea.

That person may not establish more than one pharmacy nor establish a pharmacy in the form of a corporation.

Transportation Services - Rail Transportation and Incidental Services

Obligations Concerned:

National Treatment (Article 7.2)

Previous page Page 23 Next page
  • 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
    • Name
    Australia - Korea, Republic of FTA (2014)
    PDF Link
    Australia - Korea, Republic of FTA (2014)
    Signed date
    08 / Apr / 2014
    Date into force
    12 / Dec / 2014
    Treaty type
    Other International Investment Agreements
    Origin language
    en
    Party ISO codes
    AUS,KOR
    Relationship with other documents
    Type Agreements Date of signature Date of entry in force
    IT_OVERLAP Investment Facilitation for Development (2024)
    IT_OVERLAP Regional Comprehensive Economic Partnership Agreement - RCEP (2020) 15 / Nov / 2020 01 / Jan / 2022
    IT_OVERLAP Indo-Pacific Economic Framework (IPEF) Supply Chain Agreement (2023) 14 / Nov / 2023 24 / Feb / 2024
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