India - Korea, Republic of CEPA (2009)
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Sub-Sector

Industry Classification

Type of Reservation: National Treatment (Articles 10.3) Performance Requirements (Articles 10.5)

Reservation Measure: Senior Management and Boards of Directors (Articles 10.6)

Description: 

Any existing or current regulations or measures in force on the date of entry of this Agreement.

Korea reserves the right to maintain any measure relating to investments in services sectors subject to the condition that they do not violate the obligations under the Services Chapter.

Phase-Out: None

Annex I. Schedule of India

Sector: All sectors

Sub-Sector: 

Industrial Classification

Type of Reservation: National Treatment (Article 10.3) 

Description: 

A person resident outside India, including an entity incorporated outside India, can purchase shares of an Indian company under the FDI Scheme.

There are separate regulatory treatment provided to FIs and Venture Capital Funds in relation to investment in Indian Companies, which may be modified from time to time.

Non-resident Indians (NRIs) are allowed to invest in shares of listed Indian companies in recognised Stock Exchanges under the Portfolio Investment Scheme (PIS). NRIs can invest on repatriation and non-repatriation basis under Portfolio Investment Scheme route up to 5% of the paid up capital / paid up value of each series of debentures of listed Indian companies. The aggregate paid-up value of shares / convertible debentures purchased by all NRIs cannot exceed 10 per cent of the paid-up capital of the company / paid-up value of each series of debentures of the company. The aggregate ceiling of 10 per cent can be raised to 24 per cent, if the General Body of the Indian company passes a special resolution to that effect. Shares purchased by NRIs on the stock exchange under PIS cannot be transferred by way of sale under private arrangement or by way of gift to a person resident in India or outside India without prior approval of the Reserve Bank of India (RBI).

FDI is not permitted in Indian partnerships and any association of persons (which would include societies and trusts) except upon obtaining the prior consent of the Reserve Bank of India for such investment.

NRIs and Persons of Indian Origin (PIOs) can invest into partnerships and any association of persons if such investment is being made on a non-repatriable basis and if such investment is being made on a repatriable basis, then the prior approval of RBI would be needed for such investment.

When the total holdings of FIIs/NRIs under the Scheme reach the trigger limit, which is 2 per cent below the applicable limit (for companies with paid-up capital of Rs. 1000 crores and above, the trigger limit is 0.5 per cent below the applicable limit), Reserve Bank will issue a notice to all designated branches of banks cautioning that any further purchases of shares of the particular Indian company will require prior approval of Reserve Bank. Reserve Bank gives case-by-case approvals to FIs for purchase of shares of companies included in the Caution List. This is done on a first-come-first-served basis. Once the shareholding by FIIs/NRIs reaches the overall ceiling / sectoral cap / statutory limit, Reserve Bank puts the company on the Ban List. Once a company is placed on the Ban List, no FIL or NRI can purchase the shares of the company under the Portfolio Investment Scheme

Reservation Measure:

Regulations 5 (1) , 5(2), 5(3), 5(4), and 5(6) of the Foreign Exchange Management (Transfer or Issue of Security to a Person resident outside India) Regulations, 2000 (FEMA Regulations)

Schedule 1 of FEMA Regulations incorporating the FDI Scheme

Schedule 2 of FEMA Regulations incorporating the Portfolio Investment Scheme.

Schedule 3 of FEMA Regulations for Investment by NRIs/PIOs under the Portfolio Investment Scheme.

Schedule 4 of FEMA Regulations for Investment by NRI/PIOs by purchase of shares on the Stock Exchange other than under

the Portfolio Investment Scheme on Non-repatriation basis.

Schedule 6 of FEMA Regulations for Investment by Foreign Venture Capital Funds

Indian company means a company incorporated in India under the Indian Companies Act, 1956.

Article 2.

Sector: All sectors

Sub-Sector

Industrial Classification

Type of Reservation: National Treatment (Article 10.3)

Description: 

Prior approval of the Government will be required even for investments covered under the automatic route, if the foreign investor has an existing joint venture or trademark/technical collaboration agreement in India as on 12.1.2005 in the same field. The same field is determined by the 4-digit National Industrial Code, 1987. If the proposed investment is in an activity that has the same NIC Code classification as that of the existing joint venture or technical collaboration, then these limitations will be applicable.

This is not applicable in the following circumstances:

i. investments made by Venture Capital Funds registered with Securities Exchange Board of India (SEBI)

ii. where in the existing joint venture investment by either of the parties is less than 3%

iii. where the existing venture/collaboration is defunct or sick

iv. investment into Information Technology sector, mining sector for same area/mineral

v. investment by multinational financial institutions

Reservation Measure:

Government policy / Press Note 1(2005) & Press Note 3(2005)/

Provision to regulation 9 of Foreign Exchange Management (Transfer or Issue of Security to a Person resident outside India) Regulations, 2000 governing transfer of shares and convertible debentures of an Indian company to a person resident outside India.

Article 3.

Sector: All sectors

Sub-sector

Industry classification

Type of Reservation: National Treatment (Article 10.3)

Description:

The Central Government may, in public interest, suspend or relax permission granted or restriction imposed by the Foreign Exchange Management Act, 1999 (FEMA, 1999), by notification specifying the duration of such suspension.

The Central Government may from time to time give general or special directions as it thinks fit, to the Reserve Bank of India in the discharge of functions with relation to administration of the FEMA, 1999.

Where a company contravenes any of the provisions of the FEMA, 1999, or any rule, direction or order made there- under, the company and every person who at the time the contravention was committed, was in charge of, and was responsible to the company for conduct of the business of the company would be liable to be punished under the provisions of the FEMA, 1999 unless he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention.

Reservation Measure:

Sections 40, 41 and 42 of the Foreign Exchange Management Act, 1999.

The Industries (Development and Regulation) Act, 1951, Securities and Exchange Board of India Act, 1992, Foreign Contribution (Regulations) Act, 1976, Foreign Trade (Development and Regulations) Act, 1976 , Reserve Bank of India Act, 1934 , Banking Regulation Act, 1949, Securities Contracts (Regulation) Act, 1956, Prevention of Money Laundering Act, 2002, Income Tax Act, 1961, Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 , Customs Act, 1962, Central Excise Act, 1944, The Bureau of Indian Standards Act, 1986.

Article 4.

Sector: All sectors

Sub-Sector: Items reserved for manufacture by Micro, Small and Medium enterprises.

Industrial Classification

Type of Reservation: Performance Requirement (Article 10.5)

Description:

The Central Government may, for

(a) promoting in a harmonious manner the industrial economy of the country and easing the problem of unemployment, and

(b) securing that the ownership and control of the material resources of the community are so distributed as best to subserve the common good:

(1) identify ancillary and small scale industrial undertakings that need supportive measures, exemptions and other favourable treatment to enable them to maintain their viability;

(2) specify supportive measures, exemptions and other favourable treatment to such ancillary and small scale industrial undertakings

(3) specify, by notified order, the requirements which shall be complied with by an _ industrial undertaking to enable it to be regarded, as an ancillary, or a small scale, industrial undertaking and different requirements may be so specified for different purposes or with respect to industrial undertakings engaged in the manufacture or production of different articles.

Prior government approval would be required for foreign direct investment where more than 24% foreign equity is proposed to be inducted into a small scale unit manufacturing items reserved for the small scale sector. Such units with more than 24% foreign equity will not be eligible for the benefits available to a small scale unit as per the policy of the Government.

The Central Government has the power to classify enterprises engaged in the manufacture or production of goods pertaining to any industry specified in Schedule I of the Industries (Development & Regulation) Act, 1951(IDRA) as: (i) micro enterprises, (ii) small enterprises or (iii) medium enterprises. The Central Government, may from time to time, notify such measures, programmes, guidelines or instructions as it may deem fit to promote and strengthen micro enterprises, small enterprises and medium enterprises and to promote competition among them.

Non- SSI units can undertake manufacture of items reserved for the small scale sector only if they undertake 50% export obligations.

Industrial units are classified as Small scale based on investment in Plant and machinery in the case of manufacturing units and investment in equipment in the case services sector.

Reservation Measure:

Industries (Development & Regulation) Act, 1951- Section 11 B

Micro, Small & Medium Enterprises Development (MSMED) Act, 2006- Section 7

Article 5.

Sector: Atomic Energy

Sub-Sector: Atomic Power Generation, Manufacturing and supply of nuclear fuel Radioactive Waste Treatment and Disposal Radio isotope and Radiation Generation Facilities, Services relating to Nuclear Energy, Planning, Maintenance and Repair Services

Industrial Classification

Type of Reservation: National Treatment (Article 10.3)

Description: Foreign direct investment is prohibited in Atomic Energy Sector.

Reservation Measure: 

Atomic Energy Act, 1962

Industries (Development & Regulation), Act, 1951

Annexure A (B) of Schedule 1 to Regulation 5(1) of the Foreign Exchange Management (Transfer or Issue of Security to a Person resident outside India) Regulations 2000.

Press Note 4 (2006)

Article 6.

Sector: Chit Fund Business, Nidhi, Transferable Development Rights; Agriculture & Plantation (other than Tea Plantation); and Real estate business(other than construction development)

Sub-Sector

Industrial Classification

Type of Reservation: National Treatment (Article 10.3)

Description: 

No person resident outside India shall make investment in India in any form, in any company or partnership firm or proprietary concern, or any entity, whether incorporated or not which is engaged or proposes to engage -”

i) in the business of chit fund, or

ii) as Nidhi company, or

iii) in agricultural or plantation activities, or

iv) in teal estate business, or construction of farm houses, or

v) in trading in Transferable Development Rights.

i) Chit means a transaction whether called chit, chit fund, chitty, kuri or by any other name which a person enters into an agreement with a specified number of persons that every shall subscribe a certain sum of money (or a certain quantity of grain instead) by way of installments over a definite period and that each such subscriber shall, in his turn, as demand or by auction or by tender or in such other manner as may be specified in the chit agreement entitled to the prize amount.

ii) Nidhi or mutual benefit society means a company which the Central Government may by notification in the official gazette declare to be a nidhi company or a mutual benefit society.

iii) Real estate business (however for the purposes of this limitation, "real estate" does not include development of townships, construction of residential/commercial premises, roads and bridges)

iv) Transferable Development Rights means certificates issued in respect of category of land acquired for public purposes either by the Central or State Government in consideration of surrender of land by the owner without monetary compensation which are transferable in part or whole.

NRIs are allowed to invest in development of serviced plots, construction of built up residential premises, investment in real estate covering residential and commercial premises including business centers and offices, development of townships, city and regional level urban infrastructure facilities including roads and bridges, investment in manufacture of building materials, investment in participatory ventures for all of the above; and investment in housing finance institutions without the conditions of minimum capitalization or minimum area for development or lock-in of investment.

Reservation Measure:

Foreign Exchange Management (Permissible Capital Account Transactions) Regulations, 2000- Regulation 4b.

Chit Funds Act, 1982 and policies, rules, regulations, notifications, circulars, guidelines, press notes, made thereunder.

Companies Act, 1956 and policies, rules, regulations, notifications, circulars, guidelines, press notes, made thereunder.

Article 7.

Sector: Gambling, Betting, Lottery

Sub-Sector

Industrial Classification: Lottery- NIC 840 and 841

Type of Reservation: National Treatment (Article 10.3)

Description:

Foreign investment is not permitted in lottery business, gambling and betting.

Foreign technology collaboration or use of franchise/trademark/brand name of foreign collaborator, or management contract, etc. is not permitted in lottery business, gambling and betting. This includes foreign investment through, FI portfolio investment, NRI/OCB investment on non- repatriable basis and investment by foreign venture capital investors.

Reservation Measure:

Annex A (B) of Schedule 1 to Regulation 5 (1) of the Foreign Exchange Management (Transfer or Issue of Security to a Person resident outside India) Regulations, 2000 Government Policy vide Press Note 5(2002)

Article 8.

Sector: Retail trading (except Single Brand Product Retailing)

Sub-Sector

Industrial Classification: Retail trade- NIC 65- 68

Type of Reservation: National Treatment (Article 10.3)

Description:

Foreign investment is prohibited in Retail trade except in Single brand product retail trade.

However, FDI upto 51% is allowed with prior permission of the Government in retail trading of Single Brand products subject to the following conditions:

i. Products to be sold should be of a "Single Brand" only.

ii. Products should be sold under the same brand internationally.

iii. "Single Brand" product-retailing would cover only products which are branded during manufacturing.

Reservation Measure:

Annex A(B) of Schedule 1 to regulation 5 (1) of the Foreign Exchange Management (Transfer or Issue of Security to a Person resident outside India) Regulations, 2000.

Press Note 3 (2006) dated 10.2.2006

Article 9.

Sector: Acquisition of Land

Sub-Sector

Industrial Classification

Type of Reservation: National Treatment (Article 10.3)

Description: 

Save and except as otherwise provided under FEMA and regulations made thereunder, no person resident outside India can transfer any immovable property in India.

A person resident outside India, who is a citizen of India, may : (a) acquire immovable property in India other than agricultural property, plantation or farmhouse, in accordance with prescribed regulations; (b) transfer immovable property in India to a person resident in India; (c) transfer immovable property other than agricultural or plantation property or farmhouse to a person resident outside India who is a citizen of India or to a person of Indian origin, resident outside India.

A person of Indian origin, resident out-side India may: (a) acquire immovable property in India other than agricultural property, plantation or farmhouse, in accordance with prescribed regulations; (b) acquire any immovable property in India other than agricultural land, plantation or farmhouse by way of gift from person resident in India or from a resident out-side India who is a citizen of India or from a person of Indian origin resident outside India, (c) acquire any immovable property by way of inheritance from a person resident outside India who had acquired such property in accordance with the provisions of foreign exchange laws in force at the time of acquisition by him or the provisions of the FEMA regulations or from a person resident in India; (d) transfer any immovable property in India other than agricultural land, farmhouse or plantation by way of sale to a person resident in India; (e) transfer agricultural land, farmhouse or plantation property in India by way of gift or sale to a person resident in India who is a citizen of India; (f) transfer residential or commercial property in India by way of gift to a person resident in India or to a person resident outside India or to a person of Indian origin resident outside India.

A person resident outside India can purchase immovable property in India including land only if he has established in India a branch, office (excluding liaison office) or other place of business for carrying on a permitted activity in India which is necessary for or incidental to carrying on such activity provided that it complies with all applicable laws, regulations or directions and a declaration in this regard is filed with Reserve Bank of India.

Reservation Measure:

Article 73 of the Constitution of India Read with Article 246 of the Constitution of India

Regulation 5 of the Foreign Exchange Management (Acquisition and Transfer of Immovable Property in India) Regulations, 2000

Foreign Exchange Management ( Establishment in India of Branch or Office or other place of business) Regulations, 2000- permitted activities for a branch office of a person resident outside India included as Schedule 1

Transfer of Property Act and rules, regulations, notifications, policies, guidelines and circulars made thereunder.

The Registration Act, 1908 and rules, regulations, notifications, policies, guidelines and circulars made thereunder.

The Indian Stamp Act (as may have been amended by each state in respect of transactions in its jurisdictions) and rules, regulations, notifications, policies, guidelines and circulars made thereunder.

Article 10. Agriculture, Hunting and Forestry

  • Chapter   ONE GENERAL PROVISIONS AND DEFINITIONS 1
  • Article   1.1 OBJECTIVES 1
  • Article   1.2 RELATION TO OTHER AGREEMENTS 1
  • Article   1.3 GENERAL DEFINITIONS 1
  • Chapter   TWO TRADE IN GOODS 1
  • Article   2.1 DEFINITIONS 1
  • Article   2.2 SCOPE AND COVERAGE 1
  • Article   2.3 NATIONAL TREATMENT 1
  • Article   2.4 REDUCTION OR ELIMINATION OF CUSTOMS DUTIES 1
  • Article   2.5 RULES OF ORIGIN 1
  • Article   2.6 NON-TARIFF MEASURES 1
  • Article   2.7 CUSTOMS VALUE 1
  • Article   2.8 RESTRICTIONS TO SAFEGUARD BALANCE OF PAYMENTS 1
  • Article   2.9 GENERAL AND SECURITY EXCEPTIONS 1
  • Article   2.10 STATE TRADING ENTERPRISES 1
  • Article   2.11 TARIFF CLASSIFICATION 1
  • Article   2.12 TEMPORARY ADMISSION 1
  • Section   B Trade Remedies 1
  • Section   B-1 Anti-Dumping and Countervailing Duties 1
  • Article   2.13 GENERAL PROVISION 1
  • Article   2.14 NOTIFICATION OF PETITION FOR INVESTIGATION AND EXCHANGE OF INFORMATION 1
  • Article   2.15 USE OF INFORMATION 1
  • Article   2.16 RECOMMENDATIONS OF THE WTO COMMITTEE ON ANTI-DUMPING PRACTICES 1
  • Article   2.17 LESSER DUTY RULE 1
  • Article   2.18 PROHIBITION OF ZEROING 1
  • Article   2.19 EXEMPTION FROM INVESTIGATION AFTER TERMINATION 1
  • Article   2.20 SUBSIDIES 1
  • Section   B-2 Safeguard Measures 2
  • Article   2.21 DEFINITIONS 2
  • Article   2.22 BILATERAL SAFEGUARD MEASURES 2
  • Article   2.23 CONDITIONS AND LIMITATIONS ON IMPOSITION OF a BILATERAL SAFEGUARD MEASURE 2
  • Article   2.24 PROVISIONAL MEASURES 2
  • Article   2.25 COMPENSATION 2
  • Article   2.26 ADMINISTRATION OF EMERGENCY ACTION PROCEEDINGS 2
  • Article   2.27 GLOBAL SAFEGUARD MEASURES 2
  • Section   C Technical Regulations and SPS Measures 2
  • Article   2.28 TECHNICAL REGULATIONS AND SPS MEASURES 2
  • Chapter   THREE RULES OF ORIGIN 2
  • Article   3.1 DEFINITIONS 2
  • Article   3.2 ORIGINATING GOODS 2
  • Article   3.3 WHOLLY OBTAINED OR PRODUCED 2
  • Article   3.4 NOT WHOLLY OBTAINED OR PRODUCED 2
  • Article   3.5 INDIRECT MATERIALS 2
  • Article   3.6 NON-QUALIFYING OPERATIONS 2
  • Article   3.7 ACCUMULATION 3
  • Article   3.8 DE MINIMIS 3
  • Article   3.9 ACCESSORIES, SPARE PARTS AND TOOLS 3
  • Article   3.10 PACKAGING MATERIALS AND CONTAINERS FOR RETAIL SALE 3
  • Article   3.11 PACKING MATERIALS AND CONTAINERS FOR SHIPMENT 3
  • Article   3.12 FUNGIBLE MATERIALS 3
  • Article   3.13 PRINCIPLE OF TERRITORIALITY 3
  • Article   3.14 EXEMPTION FROM THE PRINCIPLE OF TERRITORIALITY 3
  • Article   3.15 DIRECT CONSIGNMENT 3
  • Article   3.16 INTERPRETATION AND APPLICATION 3
  • Article   3.17 CONSULTATIONS AND MODIFICATIONS 3
  • Chapter   FOUR ORIGIN PROCEDURES 3
  • Article   4.1 DEFINITIONS 3
  • Article   4.2 ISSUING AUTHORITIES OF CERTIFICATE OF ORIGIN 3
  • Article   4.3 APPLICATION FOR CERTIFICATE OF ORIGIN 3
  • Article   4.4 ISSUANCE OF a CERTIFICATE OF ORIGIN 3
  • Article   4.5 VALIDITY OF CERTIFICATE OF ORIGIN 3
  • Article   4.6 INVOICING BY a NON-PARTY OPERATOR 3
  • Article   4.7 DISCREPANCIES IN THE CERTIFICATE OF ORIGIN 3
  • Article   4.8 CLAIMS FOR PREFERENTIAL TARIFF TREATMENT 3
  • Article   4.9 WAIVER OF CERTIFICATE OF ORIGIN 3
  • Article   4.10 RECORD KEEPING REQUIREMENT 3
  • Article   4.11 VERIFICATION BY COMPETENT AUTHORITY OF EXPORTING PARTY 3
  • Article   4.12 VERIFICATION BY CUSTOMS AUTHORITY OF IMPORTING PARTY 3
  • Article   4.13 VERIFICATION OF MATERIALS THAT ARE USED IN THE PRODUCTION OF THE GOOD 4
  • Article   4.14 DENIAL OF PREFERENTIAL TARIFF TREATMENT 4
  • Article   4.15 CONFIDENTIALITY 4
  • Article   4.16 PENALTIES 4
  • Article   4.17 REVIEW 4
  • Article   4.18 UNIFORM REGULATIONS/RULES 4
  • Chapter   FIVE TRADE FACILITATION AND CUSTOMS COOPERATION 4
  • Article   5.1 OBJECTIVES AND PRINCIPLES 4
  • Article   5.2 RELEASE OF GOODS 4
  • Article   5.3 AUTOMATION 4
  • Article   5.4 RISK MANAGEMENT 4
  • Article   5.5 EXPRESS SHIPMENTS 4
  • Article   5.6 TRANSPARENCY 4
  • Article   5.7 REVIEW AND APPEAL 4
  • Article   5.8 ADVANCE RULINGS 4
  • Article   5.9 CUSTOMS COOPERATION 4
  • Article   5.10 CUSTOMS COMMITTEE 4
  • Article   5.11 CUSTOMS CONTACT POINTS 4
  • Chapter   SIX TRADE IN SERVICES 4
  • Article   6.1 DEFINITIONS 4
  • Article   6.2 SCOPE AND COVERAGE 5
  • Article   6.3 REVIEW OF MOST FAVOURED NATION COMMITMENTS 5
  • Article   6.4 MARKET ACCESS 5
  • Article   6.5 NATIONAL TREATMENT 5
  • Article   6.6 ADDITIONAL COMMITMENTS 5
  • Article   6.7 DOMESTIC REGULATION 5
  • Article   6.8 RECOGNITION 5
  • Article   6.9 MONOPOLY AND EXCLUSIVE SERVICE SUPPLIERS 5
  • Article   6.10 BUSINESS PRACTICES 5
  • Article   6.11 SAFEGUARD MEASURES 5
  • Article   6.12 PAYMENTS AND TRANSFERS 5
  • Article   6.13 RESTRICTIONS TO SAFEGUARD THE BALANCE OF PAYMENTS 5
  • Article   6.14 GENERAL EXCEPTIONS 5
  • Article   6.15 SECURITY EXCEPTIONS 5
  • Article   6.16 SUBSIDIES 5
  • Article   6.17 SCHEDULE OF SPECIFIC COMMITMENTS 5
  • Article   6.18 MODIFICATION OF SCHEDULES 5
  • Article   6.19 PROGRESSIVE LIBERALISATION 5
  • Article   6.20 TRANSPARENCY 5
  • Article   6.21 DISCLOSURE OF CONFIDENTIAL INFORMATION 5
  • Article   6.22 DENIAL OF BENEFITS 5
  • Article   6.23 SERVICES-INVESTMENT LINKAGE 5
  • Chapter   SEVEN TELECOMMUNICATIONS 6
  • Article   7.1 DEFINITIONS 6
  • Article   7.2 SCOPE AND COVERAGE 6
  • Section   A Access to and Use of Public Telecommunications Transport Networks and Services 6
  • Article   7.3 ACCESS AND USE 6
  • Section   B Conduct of Major Suppliers  (3) 6
  • Article   7.4 TREATMENT BY MAJOR SUPPLIERS 6
  • Article   7.5 ACCESS TO MAJOR SUPPLIERS'™ INFRASTRUCTURE 6
  • Article   7.6 COMPETITIVE SAFEGUARDS 6
  • Article   7.7 INTERCONNECTION 6
  • Section   C Other Measures 6
  • Article   7.8 INDEPENDENT REGULATORY BODIES 6
  • Article   7.9 UNIVERSAL SERVICE 6
  • Article   7.10 LICENCING CONDITIONS 6
  • Article   7.11 ALLOCATION AND USE OF SCARCE TELECOMMUNICATIONS RESOURCES  (6) 6
  • Article   7.12 RESOLUTION OF TELECOMMUNICATIONS DISPUTE AND APPEAL PROCESS 6
  • Article   7.13 TRANSPARENCY 6
  • Article   7.14 RELATIONSHIP TO OTHER CHAPTERS 6
  • Chapter   EIGHT MOVEMENT OF NATURAL PERSONS 6
  • Article   8.1 GENERAL PRINCIPLES 6
  • Article   8.2 SCOPE AND DEFINITIONS 7
  • Article   8.3 GRANT OF TEMPORARY ENTRY 7
  • Article   8.4 EMPLOYMENT OF SPOUSES AND DEPENDANTS 7
  • Article   8.5 REGULATORY TRANSPARENCY 7
  • Article   8.6 RESOLUTION OF PROBLEMS 7
  • Article   8.7 DISPUTE SETTLEMENT 7
  • Article   8.8 RESERVATIONS 7
  • Chapter   NINE AUDIO-VISUAL CO-PRODUCTION 7
  • Article   9 GENERAL PRINCIPLE 7
  • Article   9.2 SCOPE 7
  • Article   9.3 BENEFITS 7
  • Article   9.4 AMENDMENT 7
  • Chapter   TEN Investment 7
  • Section   A Definitions 7
  • Article   10.1 DEFINITIONS 7
  • Section   B Investment 7
  • Article   10.2 SCOPE AND COVERAGE 7
  • Article   10.3 NATIONAL TREATMENT 7
  • Article   10.4 MINIMUM STANDARD OF TREATMENT 7
  • Article   10.5 PERFORMANCE REQUIREMENTS 7
  • Article   10.6 SENIOR MANAGEMENT AND BOARDS OF DIRECTORS 7
  • Article   10.7 TRANSPARENCY 7
  • Article   10.8 NON-CONFORMING MEASURES 8
  • Article   10.9 REVIEW OF RESERVATIONS 8
  • Article   10.10 TRANSFERS 8
  • Article   10.11 TEMPORARY SAFEGUARD MEASURES 8
  • Article   10.12 EXPROPRIATION AND COMPENSATION 8
  • Article   10.13 LOSSES AND COMPENSATION 8
  • Article   10.14 SUBROGATION 8
  • Article   10.15 SPECIAL FORMALITIES AND INFORMATION REQUIREMENTS 8
  • Article   10.16 HEALTH, SAFETY AND ENVIRONMENTAL MEASURES 8
  • Article   10.17 DENIAL OF BENEFITS 8
  • Article   10.18 EXCEPTIONS 8
  • Article   10.19 ACCESS TO JUDICIAL AND ADMINISTRATIVE PROCEDURES 8
  • Article   10.20 OTHER OBLIGATIONS 8
  • Section   C Settlement of Disputes 8
  • Article   10.21 SETTLEMENT OF DISPUTES BETWEEN a PARTY AND AN INVESTOR OF THE OTHER PARTY 8
  • Section   D Final Provisions 8
  • Article   10.22 ENTRY INTO FORCE, DURATION AND TERMINATION 8
  • Annex 10-A  EXPROPRIATION 8
  • Annex 10-B  SECURITY EXCEPTIONS FOR INVESTMENT 8
  • Annex 10-C  NON JUSTICIABILITY OF SECURITY EXCEPTIONS 9
  • Annex I  EXPLANATORY NOTES 9
  • Annex I  Schedule of Korea 9
  • Article   1 9
  • Article   2 9
  • Article   3 9
  • Article   4 9
  • Article   5 9
  • Article   6 9
  • Article   7 9
  • Article   8 9
  • Article   9 9
  • Article   10 9
  • Article   11 9
  • Annex I  Schedule of India 10
  • Article   2 10
  • Article   3 10
  • Article   4 10
  • Article   5 10
  • Article   6 10
  • Article   7 10
  • Article   8 10
  • Article   9 10
  • Article   10 Agriculture, Hunting and Forestry 11
  • Article   11 MINING 11
  • Article   12 MINING AND QUARRYING 11
  • Article   13 11
  • Article   14 11
  • Article   15 11
  • Article   16 11
  • Article   17 MANUFACTURING 11
  • Article   18 11
  • Article   19 12
  • Article   20 12
  • Annex II  EXPLANATORY NOTES 12
  • Annex II  Schedule of Korea 12
  • Article   1 12
  • Article   2 12
  • Article   3 12
  • Article   4 12
  • Article   5 12
  • Article   6 12
  • Article   7 12
  • Article   8 12
  • Article   9 12
  • Article   10 12
  • Article   11 13
  • Article   12 13
  • Article   13 13
  • Article   14 13
  • Article   15 13
  • Article   16 13
  • Article   17 13
  • Article   18 13
  • Article   19 13
  • Article   20 13
  • Article   21 13
  • Article   22 13
  • Article   23 13
  • Article   24 13
  • Article   25 13
  • Article   26 14
  • Article   27 14
  • Article   28 14
  • Article   29 14
  • Annex II  Schedule of India 14
  • Article   1 Agriculture, Hunting and Forestry 14
  • Article   2 Agriculture, Hunting and Forestry 14
  • Article   3 Agriculture, Hunting and Forestry 14
  • Article   4 Fishing 14
  • Article   5 Manufacturing 14
  • Article   6 Manufacturing 14
  • Article   7 Manufacturing 14
  • Article   8 Manufacturing 14
  • Article   9 Manufacturing 14
  • Article   10 Manufacturing 14
  • Article   11 Manufacturing 14
  • Article   12 Manufacturing 14
  • Article   13 Manufacturing 14
  • Article   14 Manufacturing 14
  • Article   15 Manufacturing 14
  • Article   16 Manufacturing 15
  • Article   17 Manufacturing 15
  • Article   18 15
  • Article   19 15
  • Article   20 15
  • Article   21 15
  • Article   22 15
  • Chapter   ELEVEN COMPETITION 15
  • Article   11.1 PURPOSE 15
  • Article   11.2 DEFINITIONS 15
  • Article   11.3 CONSULTATIONS 15
  • Article   11.4 COOPERATION 15
  • Article   11.5 NON-APPLICATION OF DISPUTE SETTLEMENT PROVISIONS 15
  • Chapter   TWELVE INTELLECTUAL PROPERTY RIGHTS 15
  • Article   12.1 DEFINITIONS 15
  • Article   12.3 MORE EXTENSIVE PROTECTION 15
  • Article   12.4 ENFORCEMENT 15
  • Article   12.5 COOPERATION IN THE FIELD OF INTELLECTUAL PROPERTY 15
  • Article   12.6 NON-APPLICATION OF DISPUTE SETTLEMENT PROVISIONS 15
  • Chapter   THIRTEEN BILATERAL COOPERATION 15
  • Article   13.1 TRADE AND INVESTMENT PROMOTION 15
  • Article   13.2 ENERGY 15
  • Article   13.3 INFORMATION AND COMMUNICATIONS TECHNOLOGY 15
  • Article   13.4 SCIENCE AND TECHNOLOGY 15
  • Article   13.5 SMALL AND MEDIUM ENTERPRISES 15
  • Article   13.6 INFRASTRUCTURE AND TRANSPORTATION 15
  • Article   13.7 AUDIO-VISUAL CONTENT 16
  • Article   13.8 TEXTILE AND LEATHER 16
  • Article   13.9 PHARMACEUTICALS 16
  • Article   13.10 TOURISM 16
  • Article   13.11 HEALTH CARE 16
  • Article   13.12 GOVERNMENT PROCUREMENT 16
  • Article   13.13 RENEWABLE ENERGY RESOURCES 16
  • Article   13.14 NON-APPLICATION OF DISPUTE SETTLEMENT PROVISIONS 16
  • Chapter   FOURTEEN DISPUTE SETTLEMENT 16
  • Article   14.1 COOPERATION 16
  • Article   14.2 SCOPE AND COVERAGE 16
  • Article   14.3 CHOICE OF FORUM 16
  • Article   14.4 CONSULTATIONS 16
  • Article   14.5 GOOD OFFICES, CONCILIATION OR MEDIATION 16
  • Article   14.6 REQUEST FOR AN ARBITRAL PANEL 16
  • Article   14.7 COMPOSITION OF ARBITRAL PANELS 16
  • Article   14.8 TERMINATION OF PROCEEDINGS 16
  • Article   14.9 PROCEEDINGS OF ARBITRAL PANELS 16
  • Article   14.10 INFORMATION AND TECHNICAL ADVICE 16
  • Article   14.11 INITIAL REPORT 16
  • Article   14.12 FINAL REPORT 16
  • Article   14.13 IMPLEMENTATION OF FINAL REPORT 16
  • Article   14.14 NON-IMPLEMENTATION: COMPENSATION AND SUSPENSION OF BENEFITS 16
  • Article   14.15 OFFICIAL LANGUAGE 16
  • Article   14.16 EXPENSES 16
  • Annex 14-A  MODEL RULES OF PROCEDURE 16
  • Chapter   FIFTEEN ADMINISTRATIVE AND FINAL PROVISIONS 17
  • Article   15.1 FULFILLMENT OF OBLIGATIONS AND COMMITMENTS 17
  • Article   15.2 JOINT COMMITTEE AND REVIEW 17
  • Article   15.3 CONTACT POINTS 17
  • Article   15.4 ANNEXES AND APPENDICES 17
  • Article   15.5 AMENDMENTS 17
  • Article   15.6 AMENDMENT OF THE WTO AGREEMENT 17
  • Article   15.7 ENTRY INTO FORCE 17
  • Article   15.8 TERMINATION 17