Australia - Korea, Republic of FTA (2014)
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Sub-Sector:

Banking and other financial services (excluding insurance)

Obligations Concerned:

National Treatment (Article 8.2)

Level of Government:

Central

Measures:

None

Description:

In the context of privatising government-owned or government-controlled entities that supply financial services, Korea reserves the right to adopt or maintain any measure relating to the continued guarantee, or time-limited additional guarantee, of the obligations and liabilities of these entities.

Financial Services

Sub-Sector:

Banking and other financial services (excluding insurance)

Obligations Concerned:

National Treatment (Article 8.2)

Level of Government:

Central

Measures:

Financial Investment Services and Capital Markets Act

(Law No. 9407, February 3, 2009)

Description:

Korea reserves the right to limit ownership by foreign investors of the Korea Exchange and the Korea Securities Depository. In the event of public offering of shares of the Korea Exchange or the Korea Securities Depository, Korea reserves the right to limit shareholding by foreign persons in the relevant institution, provided that Korea shall ensure that:

  1. any shareholding interests held by foreign persons at the time of the public offering shall be preserved; and
  2. following the public offering, the Exchange or Depository shall assure access for financial institutions of Australia.
(1) For example, partnerships and sole proprietorship are generally not acceptable juridical forms for depository financial institutions in Korea. This headnote is not itself intended to affect, or otherwise limit, a choice by a financial institution of the other Party between branches or subsidiaries.
(2) An "internationally recognised financial institution" includes any financial institution that has been rated by an international rating organisation at a level acceptable to the relevant Korean regulator or a financial institution that has demonstrated by alternative means acceptable to the relevant Korean regulator that it has an equivalent status.
(3) Institutional investors pursuant to Article 1-2 of the Foreign Exchange Transaction Regulation (Notification of the Ministry of Strategy and Finance No. 2009-2, February 3, 2009) are excluded.
(4) These five Government-sponsored Institutions shall not be considered state-enterprises/state-owned enterprises for the purposes of Article 4 (Competitive Neutrality) of Chapter 14 (Competition Policy).

Attachments

Side letters

Services and Investment Korea to Australia

The Hon Andrew Robb AO, MP

Minister for Trade and Investment

Parliament House

CANBERRA ACT 2600

Dear Minister Robb

I have the honour to acknowledge receipt of your letter of this date, which reads as follows:

In connection with the signing on this date of the Korea-Australia Free Trade Agreement (the "Agreement"), I have the honour to confirm the following understandings reached between the delegations of the Republic of Korea and Australia during the course of negotiations regarding Chapters 7 (Cross-Border Trade in Services) and 11 (Investment) of the Agreement:

During the negotiations, the Parties discussed certain measures related to resource recycling and to policies to encourage low-emission motor vehicle distribution. The Parties shared the understanding that these measures relating to:

  1. the obligation to recycle products and packaging materials;
  2. the submission of recycling performance plans and results;
  3. the payment of applicable recycling levies;
  4. the obligation to distribute a certain percentage of low-emission motor vehicles; and
  5. the submission and approval of plans to distribute low-emission motor vehicles,

are not inconsistent with Article 11.9 (Performance Requirements).

During the negotiations, the Parties discussed regulations that prohibit an enterprise from concurrently holding two or more business licences to supply different services. The Parties shared the understanding that, for the purpose of the Agreement, such restrictions are not inconsistent with Article 7.4 (Market Access).

During the negotiations, the Parties discussed existing regulations applicable to the establishment, extension, or transfer of educational institutions within certain geographical areas under the Seoul Metropolitan Area Readjustment Planning Act (Law No. 11998, 6 August 2013). The Parties shared the understanding that such restrictions are not inconsistent with Article 7.4 (Market Access).

During the negotiations, the Parties discussed a measure that allows local higher education institutions to jointly operate curricula only with higher education institutions organised under Korean law, or with foreign higher education institutions that have obtained accreditation from a foreign government or authorised foreign accreditation bodies. The Parties shared the understanding that such a measure is not inconsistent with Article 7.2 (National Treatment) and Article 11.3 (National Treatment).

During the negotiations, the Parties discussed a measure that may establish requirements regarding the types and quantities of raw materials for producing liquor under the Liquors Act (Law No. 11873, 7 June 2013) and its subordinate regulations. The Parties shared the understanding that such measure is not inconsistent with Article 11.9 (Performance Requirement), provided that it is applied in a manner consistent with the WTO Agreement on Trade-Related Investment Measures.

During the negotiations, the Parties discussed regulations that control a rail transportation company's ability to stop supplying its service, including closure or liquidation of the company. The Parties shared the understanding that such restrictions are not inconsistent with Article 7.4 (Market Access).

During the negotiations, the Parties discussed regulations on zoning and land use. The Parties shared the understanding that measures concerning zoning and land use are not inconsistent with Article 7.4 (Market Access).

I have the honour to propose that this letter and your letter in reply confirming that your Government shares these understandings shall constitute an integral part of the Agreement.

I have the further honour to confirm that my Government shares these understandings and that your letter and this letter in reply shall constitute an integral part of the Agreement.

Yours sincerely

Yoon Sang-jick

Services and Investment Australia to Korea

Mr Yoon Sang-jick

Minister of Trade, Industry and Energy

Seoul, Republic of Korea

Dear Minister Yoon

In connection with the signing on this date of the Korea-Australia Free Trade Agreement (the "Agreement"), I have the honour to confirm the following understandings reached between the delegations of the Republic of Korea and Australia during the course of negotiations regarding Chapters 7 (Cross-Border Trade in Services) and 11 (Investment) of the Agreement:

During the negotiations, the Parties discussed certain measures related to resource recycling and to policies to encourage low-emission motor vehicle distribution. The Parties shared the understanding that these measures relating to:

  1. the obligation to recycle products and packaging materials;
  2. the submission of recycling performance plans and results;
  3. the payment of applicable recycling levies;
  4. the obligation to distribute a certain percentage of low-emission motor vehicles; and
  5. the submission and approval of plans to distribute low-emission motor vehicles,

are not inconsistent with Article 11.9 (Performance Requirements).

During the negotiations, the Parties discussed regulations that prohibit an enterprise from concurrently holding two or more business licences to supply different services. The Parties shared the understanding that, for the purpose of the Agreement, such restrictions are not inconsistent with Article 7.4 (Market Access).

During the negotiations, the Parties discussed existing regulations applicable to the establishment, extension, or transfer of educational institutions within certain geographical areas under the Seoul Metropolitan Area Readjustment Planning Act (Law No. 11998, 6 August 2013). The Parties shared the understanding that such restrictions are not inconsistent with Article 7.4 (Market Access).

During the negotiations, the Parties discussed a measure that allows local higher education institutions to jointly operate curricula only with higher education institutions organised under Korean law, or with foreign higher education institutions that have obtained accreditation from a foreign government or authorised foreign accreditation bodies. The Parties shared the understanding that such a measure is not inconsistent with Article 7.2 (National Treatment) and Article 11.3 (National Treatment).

During the negotiations, the Parties discussed a measure that may establish requirements regarding the types and quantities of raw materials for producing liquor under the Liquors Act (Law No. 11873, 7 June 2013) and its subordinate regulations. The Parties shared the understanding that such measure is not inconsistent with Article 11.9 (Performance Requirement), provided that it is applied in a manner consistent with the WTO Agreement on Trade-Related Investment Measures.

During the negotiations, the Parties discussed regulations that control a rail transportation company's ability to stop supplying its service, including closure or liquidation of the company. The Parties shared the understanding that such restrictions are not inconsistent with Article 7.4 (Market Access).

During the negotiations, the Parties discussed regulations on zoning and land use. The Parties shared the understanding that measures concerning zoning and land use are not inconsistent with Article 7.4 (Market Access).

I have the honour to propose that this letter and your letter in reply confirming that your Government shares these understandings shall constitute an integral part of the Agreement.

Yours sincerely

Andrew Robb

Telephone (02) 6277 7420

Facsimile (02) 6273 4128

Parliament House, Canberra ACT 2600

Uncitral Transparency Rules Korea to Australia

The Hon Andrew Robb AO, MP

Minister for Trade and Investment

Parliament House

CANBERRA ACT 2600

Dear Minister Robb

In connection with the signing on this date of the Korea-Australia Free Trade Agreement (the "Agreement"), I have the honour to confirm the following understandings reached between the delegations of the Republic of Korea and Australia during the course of negotiations regarding Chapter 11 (Investment) of the Agreement:

The Parties shall enter into consultations within 12 months of the date of entry into force of the Agreement on the future application of the United Nations Commission on International Trade Law (UNCITRAL) Rules on Transparency in Treaty-based Investor-State Arbitration (UN Doc A/CN.9/783) ('the UNCITRAL Transparency Rules') to arbitrations initiated pursuant to Section B of Chapter 11 (Investment).

Unless the Parties otherwise agree, the UNCITRAL Transparency Rules shall not apply to arbitrations initiated pursuant to Section B of Chapter 11 (Investment).

I have the honour to propose that this letter and your letter in reply confirming that your Government shares these understandings shall constitute an integral part of the Agreement.

Yours sincerely

Yoon Sang-jick

Uncitral Transparency Rules Australia to Korea

Mr Yoon Sang-jick

Minister of Trade, Industry and Energy

Seoul, Republic of Korea

Dear Minister Yoon

I have the honour to acknowledge receipt of your letter of this date, which reads as follows:

In connection with the signing on this date of the Korea-Australia Free Trade Agreement (the "Agreement"), I have the honour to confirm the following understandings reached between the delegations of the Republic of Korea and Australia during the course of negotiations regarding Chapter 11 (Investment) of the Agreement:

The Parties shall enter into consultations within 12 months of the date of entry into force of the Agreement on the future application of the United Nations Commission on International Trade Law (UNCITRAL) Rules on Transparency in Treaty-based Investor-State Arbitration (UN Doc A/CN.9/783) ('the UNCITRAL Transparency Rules') to arbitrations initiated pursuant to Section B of Chapter 11 (Investment).

Unless the Parties otherwise agree, the UNCITRAL Transparency Rules shall not apply to arbitrations initiated pursuant to Section B of Chapter 11 (Investment).

I have the honour to propose that this letter and your letter in reply confirming that your Government shares these understandings shall constitute an integral part of the Agreement.

I have the further honour to confirm that my Government shares these understandings and that your letter and this letter in reply shall constitute an integral part of the Agreement.

Yours sincerely

Andrew Robb

Telephone (02) 6277 7420Facsimile (02) 6273 4128

Parliament House, Canberra ACT 2600

Previous page Page 36
  • 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