Australia - Korea, Republic of FTA (2014)
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(d) there is a change in the circumstances on which the ruling was based.

6. The issuing Party may modify or revoke an advance ruling retroactively if the requestor, intentionally or negligently, provided incorrect information or withheld relevant information.

7. Each Party shall endeavour to publish its advance rulings, subject to its laws, regulations and administrative procedures.

Article 4.8. Appeal Procedures

1. Each Party shall ensure that with respect to its determinations on customs matters, importers in its territory have access to:

(a) at least one level of administrative review independent of the official or authority responsible for the determination under review; and

(b) judicial review of the determination or decision taken at the final level of administrative review.

2. Each Party shall grant substantially the same rights of review and appeal of determinations of origin and advance rulings by its customs administration as it provides to importers in its territory to any person who has:

(a) completed and signed, or applied for, a Certificate of Origin for a good that has been the subject of a determination of origin; or

(b) received an advance ruling in accordance with Article 4.7.

3. Each Party shall allow an exporter or producer to provide information directly to the Party conducting the review and to request that Party to treat that information as confidential in accordance with the laws, regulations and rules of that Party.

Article 4.9. Customs Cooperation

1. The Parties shall, through their respective customs administrations, enhance their cooperation in customs matters.

2. The Parties affirm their commitment to the facilitation of the legitimate movement of goods and shall exchange expertise on measures to improve customs techniques and procedures, including on risk management, in accordance with the provisions of this Agreement.

3. The Parties shall cooperate in relation to:

(a) the implementation and operation of the provisions of this Agreement governing importations or exportations, including claims for preferential tariff treatment, procedures for making claims for preferential tariff treatment, and verification procedures;

(b) tariff classification, and the implementation and operation of the Customs Valuation Agreement;

(c) restrictions or prohibitions on imports or exports; and (d) other customs matters as the Parties may agree.

4. Each Party shall endeavour to provide the other Party with advance notice of any proposed laws, regulations or policies governing the administration of customs procedures that are likely to substantially affect the operation of this Agreement.

5. To the extent permitted by each Party's laws, regulations and rules, the customs administrations of the Parties shall endeavour to provide each other with information to assist in the investigation and prevention of infringements of customs laws and regulations.

6. The Parties shall exchange the details of contact points for the exchange of information under this Chapter.

Article 4.10. Bilateral Customs Consultation

1. Each customs administration may consult with the other customs administration on any matter arising from the operation or implementation of this Chapter and on other trade facilitation issues, including tariff classification, customs valuation and origin determination. A Party should promptly respond to any request for consultation on such matters from the other Party.

2. In the event that consultations requested in accordance with paragraph 1 fail to resolve any such matter, the requesting Party may refer the matter to the Committee on Rules of Origin and Trade Facilitation for consideration.

Article 4.11. Confidentiality

1. Further to Articles 22.4 (Disclosure of Information) and 22.5 (Confidentiality), neither Party shall use or disclose information provided by the other Party under this Chapter or Chapter 3 (Rules of Origin and Origin Procedures) except for the purposes for which it was provided, or otherwise as required or authorised by a Party's laws and regulations. The customs administration which supplied that information shall be notified of such other use without delay.

2. Unless otherwise provided in this Agreement, any information received in accordance with this Chapter or Chapter 3 (Rules of Origin and Origin Procedures) shall be subject to the same protection as the same kind of information is subject to in accordance with the laws and regulations of the Party receiving the information.

3. Nothing in this Chapter or Chapter 3 (Rules of Origin and Origin Procedures) shall be construed to require a Party to furnish or allow access to information the disclosure of which would: (a) be contrary to the public interest as determined by its laws, regulations and rules; (b) be contrary to any of its laws, regulations and rules, including but not limited to those protecting personal privacy or the financial affairs and accounts of individuals; or

(c) impede law enforcement.

Article 4.12. Committee on Rules of Origin and Trade Facilitation

1. The Committee on Rules of Origin and Trade Facilitation established in accordance with Article 21.4 (Committees and Working Groups) shall comprise officials of each Party responsible for rules of origin and customs matters.

2. The Committee shall consider and, as appropriate, resolve any matter arising under this Chapter or Chapter 3 (Rules of Origin and Origin Procedures) by means of, inter alia, considering common approaches to the interpretation and implementation of those Chapters.

3. The Committee shall meet on request of either Party or the Joint Committee.

Article 4.13. Definitions

For the purposes of this Chapter:

customs procedures means the treatment applied by each customs administration to goods that are subject to customs control; and

goods means all goods falling within Chapters 1 to 97 of the Harmonized System, irrespective of the scope of this Agreement.

Chapter 5. Technical Barriers to Trade and Sanitary and Phytosanitary Measures

Section A. Technical Barriers to Trade

Article 5.1. Scope

1. Unless otherwise provided in paragraphs 3 and 4, this Section shall apply to all standards, technical regulations, and conformity assessment procedures of the central level of government that may, directly or indirectly, affect trade in goods between the Parties.

2. Each Party shall take such reasonable measures as may be available to it to ensure compliance with the provisions of this Section by regional or local government and non-governmental bodies within its territory which are responsible for the preparation, adoption and application of standards, technical regulations and conformity assessment procedures.

3. Technical specifications prepared by governmental bodies for production or consumption requirements of such bodies shall not be subject to the provisions of this Section, but shall be addressed in Chapter 12 (Government Procurement), in accordance with its coverage.

4. This Section shall not apply to sanitary or phytosanitary measures, which are covered in Section B of this Chapter.

Article 5.2. Affirmation of the Tbt Agreement

Further to Article 1.2 (Relation to Other Agreements), each Party affirms its existing rights and obligations with respect to each other in the TBT Agreement.

Article 5.3. International Standards, Guides and Recommendations

1. Each Party shall, in accordance with Articles 2.4 and 5.4 of the TBT Agreement, use international standards, guides and recommendations or the relevant parts thereof as a basis for its technical regulations and conformity assessment procedures.

2. Where a Party does not use an international standard, guide or recommendation or the relevant parts thereof as a basis for a technical regulation or conformity assessment procedure, it shall, on request of the other Party, in accordance with Articles 2.5 and 5.4 of the TBT Agreement, explain the reasons for its decision.

3. The Parties shall encourage their respective standards bodies to consult and exchange views on matters under discussion in relevant international or regional bodies that develop international standards, guides, or recommendations relevant to this Section.

4. In determining whether an international standard, guide, or recommendation within the meaning of Articles 2 and 5 and Annex 3 of the TBT Agreement exists, each Party shall apply the Decision of the Committee on Principles for the Development of International Standards, Guides and Recommendations With Relation to Articles 2, 5 and Annex 3 of the Agreement, adopted on 13 November 2000 by the WTO Committee on Technical Barriers to Trade (Annex 4 of G/TBT/9).

Article 5.4. Technical Regulations

1. Each Party shall give positive consideration to accepting technical regulations of the other Party as equivalent to its own, even if these regulations differ from its own, provided that it is satisfied that these regulations adequately fulfil the objectives of its own regulations.

2. Where a Party does not accept a technical regulation of the other Party as equivalent to its own, it shall, on request of the other Party, explain the reasons for its decision.

Article 5.5. Marking and Labelling

1. For the purposes of this Article, and in accordance with paragraph 1 of Annex 1 of the TBT Agreement, a technical regulation may include or deal exclusively with marking or labelling requirements.

2. Each Party shall, in accordance with Article 2.2 of the TBT Agreement, ensure that technical regulations, including mandatory marking or labelling of products, are not prepared, adopted or applied with a view to, or with the effect of, creating unnecessary obstacles to international trade. For this purpose, such technical regulations shall not be more trade restrictive than necessary to fulfil a legitimate objective.

3. Where a Party requires mandatory marking or labelling of products:

(a) the Party shall endeavour to minimise the requirements for marking or labelling other than marking or labelling relevant to consumers or users of the product. Where marking or labelling for other purposes is required, including for fiscal purposes, such requirements shall be formulated, in accordance with the TBT Agreement, in a manner that is not more trade restrictive than necessary to fulfil a legitimate objective;

(b) the Party shall, where it requires the use of a unique identification number by economic operators, issue such number to the economic operators of the other Party without undue delay and on a non-discriminatory basis;

(c) the Party shall remain free to require that information on the marks or labels be in a specified language. Where an international system of nomenclature has been accepted by the Parties, such nomenclature may be used. The simultaneous use of additional languages shall not be prohibited, provided that:

(i) the information provided in the additional languages is identical to that provided in the specified language; or

(ii) the information provided in the additional languages does not constitute a deceptive statement regarding the product; and

(d) the Party shall, where it considers that legitimate objectives in accordance with the TBT Agreement are not compromised thereby, endeavour to accept:

(i) non-permanent or detachable labels; or

(ii) marking or labelling in the accompanying documentation in place of marking or labelling attached to the product.

Article 5.6. Conformity Assessment Procedures

1. The Parties recognise that a broad range of mechanisms exists to facilitate the acceptance in a Party's territory of the results of conformity assessment procedures conducted in the other Party's territory. For example:

(a) a Party may agree with the other Party to accept the results of conformity assessment procedures that bodies located in the other Party's territory conduct with respect to specific technical regulations;

(b) a Party may adopt accreditation procedures for qualifying conformity assessment bodies located in the other Party's territory;

(c) a Party may designate conformity assessment bodies located in the other Party's territory;

(d) a Party may recognise the results of conformity assessment procedures conducted in the other Party's territory;

(e) conformity assessment bodies located in each of the Parties' territories may enter into voluntary arrangements to accept the results of each other's assessment procedures; and

(f) the importing Party may rely on a supplier's declaration of conformity.

2. The Parties shall exchange information on the range of mechanisms relevant to conformity assessment procedures in their respective territories with a view to facilitating the acceptance of conformity assessment results.

3. Where a Party does not accept the results of a conformity assessment procedure conducted in the territory of the other Party, it shall, on request of the other Party, explain the reasons for its decision.

4. A Party shall give positive consideration to a request from the other Party to negotiate agreements for the recognition of the results of the other Party's conformity assessment procedures. Where a Party declines a request from the other Party to engage in negotiations or conclude an agreement on facilitating recognition in its territory of the results of conformity assessment procedures conducted by bodies in the other Party's territory, it shall, on request of the other Party, explain the reasons for its decision.

Article 5.7. Joint Cooperation

The Parties shall strengthen their cooperation in the fields of standards, technical regulations and conformity assessment procedures with a view to increasing the mutual understanding of their respective systems, and facilitating access to their respective markets. In particular, the Parties shall seek to identify, develop and promote trade facilitating bilateral initiatives regarding standards, technical regulations, and conformity assessment procedures that ate appropriate for particular issues or sectors. These initiatives may include cooperation on regulatory issues, such as:

(a) equivalence of standards and technical regulations;

(b) good regulatory practice;

(c) transparency;

(d) alignment with international standards;

(e) reliance on a supplier's declaration of conformity;

(f) use of accreditation to qualify conformity assessment bodies; and

(g) mechanisms for the recognition of conformity assessment procedures. 2. On request of the other Party, a Party shall give positive consideration to a sector-specific proposal that the requesting Party makes for further cooperation under this Section.

Article 5.8. Transparency

1. Each Party shall allow persons of the other Party to participate in the development of standards, technical regulations and conformity assessment procedures on terms no less favourable than those accorded to its own persons.

2. Each Party shall recommend that non-governmental bodies in its territory observe paragraph 1 in relation to the development of standards and voluntary conformity assessment procedures.

3. With a view to enhancing the opportunity for persons and the other Party to be aware of, and to understand proposed technical regulations and conformity assessment procedures, and to be able to provide meaningful comments on such regulations and procedures, a Party publishing a notice or making a notification in accordance with Articles 2.9, 3.2, 5.6 or 7.2 of the TBT Agreement shall:

(a) include an explanation of the objectives the proposed technical regulation or conformity assessment procedures are meant to serve and how it addresses those objectives; and

(b) transmit the proposal electronically to the other Party through, in the case of a Korean proposal, the Australian enquiry point established in accordance with Article 10 of the TBT Agreement or, in the case of an Australian proposal, the Korean Coordinator established in accordance with Article 5.9 at the same time as it notifies WTO Members of the proposal in accordance with the TBT Agreement.

Each Party should allow at least 60 days after it transmits a proposal in accordance with subparagraph (b) for the public and the other Party to make comments in writing on the proposal.

4. Each Party shall publish, or otherwise make available to the public, in print or electronically, its responses to significant comments it receives from the public or the other Party in accordance with paragraph 3 no later than the date it publishes the final technical regulation or conformity assessment procedure.

5. Where a Party makes a notification in accordance with Article 2.10 or 5.7 of the TBT Agreement, it shall, at the same time, transmit the notification electronically to the other Party through, in the case of a Korean proposal, the Australian enquiry point established in accordance with Article 10 of the TBT Agreement or, in the case of an Australian proposal, the Korean Coordinator established in accordance with Article 5.9.

6. On request of the other Party, a Party shall provide the other Party with information regarding the objective of, and rationale for, a standard, technical regulation or conformity assessment procedure that the Party has adopted or is proposing to adopt.

Article 5.9. Coordination Mechanism

1. Each Party shall nominate a TBT Coordinator and give appropriate information to the other Party when its TBT Coordinator changes. The TBT Coordinators shall work jointly in order to facilitate implementation of this Section and cooperation between the Parties in all matters pertaining to this Section.

2. The TBT Coordinators' functions shall include:

(a) monitoring the implementation and administration of this Section;

(b) promptly addressing any issue that a Party raises related to the development, adoption, application, or enforcement of standards, technical regulations or conformity assessment procedures;

(c) enhancing cooperation in the development and improvement of standards, technical regulations and conformity assessment procedures;

(d) facilitating the consideration of any sector-specific proposal a Party makes for further cooperation between conformity assessment bodies, including, where appropriate, between governmental and non-governmental conformity assessment bodies in the Parties' territories;

(e) facilitating the consideration of a request of the other Party that a Party recognise the results of conformity assessment procedures conducted by bodies in the other Party's territory, including a request for the negotiation of an agreement, in a sector nominated by that other Party;

(f) exchanging information on standards, technical regulations and conformity assessment procedures in response to requests for information from a Party;

(g) as appropriate, exchanging information on developments in non-governmental, regional and multilateral fora engaged in activities related to standardisation, technical regulations and conformity assessment procedures;

(h) facilitating cooperation in the area of specific technical regulations by referring enquiries from a Party to the appropriate regulatory authorities;

(i) on request of a Party, consulting on any matter arising under this Section; and reviewing this Section in light of any developments under the TBT Agreement, and

(j) developing recommendations for amendments to this Section in light of those developments.

3. The TBT Coordinators shall communicate with one another by any agreed method that is appropriate for the efficient and effective discharge of their functions.

4. The Parties may, as they consider appropriate, establish an ad hoc Working Group, comprising representatives of each Party. The scope and mandate of any ad hoc Working Group shall be determined by the Parties. Subject to decisions of the Parties, each ad hoc Working Group may:

(a) include government representatives with responsibility for the standards, technical regulations or conformity assessment procedures;

(b) include or consult with non-governmental experts and stakeholders; and (c) determine its work program, taking into account relevant international activities.

5. Where a Party declines a request from the other Party to establish an ad hoc Working Group, it shall, on request of the other Party, explain the reasons for its decision.

6. For the purposes of this Section, the TBT Coordinator shall be: (a) for Australia, the Department of Industry, or its successor; and

(b) for Korea, the Korean Agency for Technology and Standards, or its successor.

Article 5.10. Information Exchange

Any information or explanation that a Party provides on request of the other Party in accordance with this Section shall be provided in print or electronically within a reasonable period, and where possible within 60 days.

Article 5.11. Dispute Settlement

Neither Party shall have recourse to dispute settlement under this Agreement for any matter arising under this Section.

Article 5.12. Definitions

For the purposes of this Section, standard, technical regulation, conformity assessment procedures and non-governmental body shall have the meanings assigned to those terms in Annex 1 of the TBT Agreement.

Section B. Sanitary and Phytosanitary Measures

Article 5.13. Scope

This Section shall apply to all sanitary and phytosanitary measures of a Party that may, directly or indirectly, affect trade between the Parties.

Article 5.14. Affirmation of the Sps Agreement

Further to Article 1.2 (Relation to Other Agreements), each Party affirms its existing rights and obligations with respect to each other in the SPS Agreement.

Article 5.15. Contact Points

1. Each Party shall designate a contact point relating to the operation of this Section. For the purposes of this Section, the contact point shall be:

(a) for Australia, the Department of Agriculture, or its successor; and

(b) for Korea, the Ministry of Agriculture, Food and Rural Affairs, or its successor. 2. The contact points shall:

(a) facilitate the exchange of information relating to this Section;

(b) coordinate the technical meeting referred to in Article 5.16; and

(c) facilitate any other communications between the Parties on any matter covered by this Section.

Article 5.16. Technical Meetings

1. The Parties shall hold technical meetings on sanitary and phytosanitary matters at such venues and on such dates as may be agreed by the Parties. Representatives of each Party's competent authorities who have responsibility for sanitary and phytosanitary matters shall participate in the meetings.

2. The technical meetings shall be coordinated by the contact points referred to in Article 5.15.

3. The functions of the technical meetings shall be to: (a) review and monitor the implementation of this Section;

(b) enhance mutual understanding of each Party's sanitary and phytosanitary measures and the regulatory processes that relate to those measures;

(c) engage in cooperative activities in accordance with Article 5.17.2;

(d) as appropriate, seek to address sanitary and phytosanitary matters of mutual interest to the Parties; and

(e) as appropriate, report the outcomes of discussions of the technical meeting to the Joint Committee.

Article 5.17. Cooperation

1. The Parties shall enhance implementation of the SPS Agreement, including through:

(a) cooperating, including exchanging views, in relevant international bodies engaged in food safety and human, animal or plant life or health issues;

(b) facilitating the timely exchange of information on their respective sanitary and phytosanitary measures; and

(c) sharing knowledge and experience.

2. The Parties shall explore opportunities for further cooperation and collaboration on sanitary and phytosanitary matters of mutual interest at the bilateral, regional and multilateral levels consistent with the provisions of this Section.

3. Where a Party makes a notification in accordance with paragraph 5(b) or 6(a) of Annex B of the SPS Agreement, it shall provide a copy of the notification to the contact point of the other Party at the same time as the notification is provided to the WTO.

Article 5.18. Dispute Settlement

  • 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