Sector: Tourism in rural, fishery, and agricultural sites

Sub-Sector

Industry Classification

Type of Reservation: National Treatment (Articles 10.3)

Description: Korea reserves the right to adopt or maintain any measure with respect to tourism in rural, fishery, and agricultural sites.

Existing Measures: None

Article 27.

Sector: Gambling and Betting

Sub-Sector

Industry Classification

Type of Reservation: National Treatment (Articles 10.3) Performance Requirements (Articles 10.5) Senior Management and Boards of Directors (Articles 10.6)

Description:

Korea reserves the right to adopt or maintain any measure with respect to gambling and betting services.

For great certainty, "gambling and betting" includes such services supplied through electronic transmission and services that use sa-haeng-seong-ge-im-mul. "Sa-haeng-seong-ge-im- mul," as defined in Article 2 of Korea's Game Industry Promotion Act, includes, inter alia, gaming instruments which result in financial loss or gain through betting or by chance.

Existing Measures:

Articles 5, 21 and 28 of the Tourism Promotion Act (Law No.9005, Feb. 29, 2008)

Article 11 of the Special Act on the Assistance to the Development of Abandoned Mine Areas ( Law No. 9037, March. 28, 2008)

Articles 24, 25 and 26 of the National Sports Promotion Act (Law No. 8852, Feb. 29, 2008)

Articles 4, 19 and 24 of the Bicycle and Motorboat Racing Act (Law No. 8852, Feb. 29, 2008)

The Korean Racing Association Act (Law No. 7547, May 31, 2005)

The Act on Traditional Bullfighting (Law No. 7428, Mar. 31, 2005)

Articles 2, 21 and 22 of Game Industry Promotion Act (Law No. 8852, February 29, 2008)

Act on Special Cases concerning the Regulation and Punishment of Speculative Acts, etc (Law No. 8852, February 29, 2008)

Articles 246, 247, 248 and 249 of Criminal Law (Law No. 7623, July 29, 2005)

Article 28.

Sector: All Sectors

Sub-Sector

Industry Classification

Type of Reservation: National Treatment (Articles 10.3) Performance Requirements (Articles 10.5) Senior Management and Boards of Directors (Articles 10.6)

Description:

Korea reserves the right to adopt or maintain any measure with respect to an investment to supply a service in the exercise of governmental authority, such as law enforcement and correctional services.

This entry does not apply to an investor or investment that has entered into an agreement with Korea with respect to the supply of such services.

Existing Measures

Article 29.

Sector: All Services Sectors

Sub-Sector

Industry Classification

Type of Reservation: National Treatment (Articles 10.3) Performance Requirements (Articles 10.5) Senior Management and Boards of Directors (Articles 10.6)

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

Existing Measures

Annex II. Schedule of India

Article 1. Agriculture, Hunting and Forestry

Sector: Agriculture

Sub-Sector: All agriculture activities like farming and plantation.

Industrial Classification: NIC 00 (Agricultural production); NIC 01 (Plantation)

Type of  Reservation: National Treatment (Article 10.3), Performance Requirement (Article 10.5)

Description:

India reserves the right to adopt or maintain any measure with respect to farming and all agriculture activities except Floriculture, Horticulture, Development of seeds, Animal husbandry, Pisciculture, Aqua-culture and Cultivation of Vegetables and Mushrooms under controlled conditions* and services related to agro and allied sectors**.

* "under controlled conditions" means in a non-natural environment that is intensively manipulated by human intervention for the purpose of plant production. General characteristics of controlled conditions may include but are not limited to tillage, fertilization, weed and pest control, irrigation, or nursery operations such as potting, bedding or protection from weather.

** "services related to agro and allied sectors" includes pest destroying, spraying and pruning of infected stems, operation of irrigation system, animal shearing and livestock services (other than veterinary services), nursery and horticultural services, soil conservation services, soil desalination services, harvesting, threshing, land clearance, land draining services.

Existing Measure

Article 2. Agriculture, Hunting and Forestry

Sector:  Farming of Animals

Sub-Sector: Farming of cattle, sheep goats, horses, asses, mules and hinnies; dairy farming including mixed farming.

Industrial Classification: ISIC 0121, 0122, 013, 0130, 014, 0140, 015, 0150

Type of Reservation: National Treatment (Article 10.3), Performance Requirement (Article 10.5)

Description: 

India reserves the right to adopt or maintain any measure with respect to farming of cattle, sheep goats, horses, asses, mules and hinnies; dairy farming including mixed farming.

* hinnies means a breed of ass.

** mixed farming means cultivation and dairying.

Existing Measure

Article 3. Agriculture, Hunting and Forestry

Sector: Forestry

Sub-Sector: Forestry, logging and related service activities

Industrial Classification: NIC- 05, ISIC 02, 020, 0200

Type of  Reservation: Performance Requirement (Article 10.5)

Description: India reserves the right to adopt or maintain any measure with respect to forestry, logging and related service activities

Existing Measure

Article 4. Fishing

Sector: Fishing

Sub-Sector: Fishing, operation of fish hatcheries and fish farms; service activities incidental to fishing

Industrial Classification: NIC- 06, ISIC 05, 050 and 0500

Type of Reservation: National Treatment (Article 10.3)

Description: India reserves the right to adopt or maintain any measure with respect to fishing, operation of fish hatcheries and fish farms; service activities incidental to fishing

Existing Measure

Article 5. Manufacturing

Sector: Dairy products

Sub-Sector: Manufacture of milk powder, ice-cream powder, condensed milk, butter, cream, cheese, ghee, khoya etc., pasteurized milk.

Industrial Classification: ISIC 152 & 1520, NIC 201.1, 201.2, 201.3, 201.4, 201.5 and 201.9

Type of Reservation: Performance Requirement (Article 10.5)

Description: 

India reserves the right to adopt or maintain any measure which is non-conforming to the obligations on Performance Requirements in the Investment Chapter with respect to manufacture of dairy products

* Khoya means a derivative of Milk.

Existing Measure

Article 6. Manufacturing

Sector: Canning and preservation of fruits and vegetables.

Sub-Sector: Artificial dehydration of fruits and vegetables, sun-drying of fruits & vegetables, radiation preservation of fruits & vegetables, manufacture of fruits/vegetable juices/concentrates/squashes and powders, manufacture of sauces, jams, jellies and marmalade, manufacture of pickles, canning of fruits and vegetables, fruits and vegetables preservation.

Industrial Classification: NIC 202.1, 202.2, 202.3, 202.4, 202.5, 202.6, 202.7 and 202.9

Type of  Reservation: Performance Requirement (Article 10.5)

Description: India reserves the right to adopt or maintain any measure which is non-conforming to the obligations on Performance Requirements in the Investment Chapter with respect to canning and preservation of fruits and vegetables.

Existing Measure

Article 7. Manufacturing

Sector: Processing, Canning and preservation of fish, crustacean and similar foods.

Sub-Sector: Sun-drying of fish, radiation preservation of fish and similar foods, processing and canning of fish, manufacture of fish meal, processing and canning of frog legs.

Industrial Classification: ISIC 151 & 1512, NIC 203.1, 203.2, 203.3, 203.4, 203.5, 203.6, and 203.9

Type of Reservation: Performance Requirement (Article 10.5)

Description: India reserves the right to adopt or maintain any measure which is non-conforming to the obligations on Performance Requirements in the Investment Chapter with respect to processing, canning and preservation of fish, crustacean and similar foods.

Existing Measure

Article 8. Manufacturing

Sector: Bakery Products.

Sub-Sector: Bread making, manufacture of biscuits, cakes and pastries

Industrial Classification: ISIC 1541, NIC 205.1, 205.2, 205.9.

Type of Reservation: Performance Requirement (Article 10.5)

Description: India reserves the right to adopt or maintain any measure which is non-conforming to the obligations on Performance Requirements in the Investment Chapter with respect to manufacture of bakery products.

Existing Measure

Article 9. Manufacturing

Sector: Hydrogenated oils, vanaspati, ghee* etc. and Vegetable oils

Sub-Sector: Manufacture of hydrogenated oils, vanaspati, ghee, vegetable oils and fats.

Industrial Classification: ISIC 1514 NIC 210 and 211- 211.1, 211.2, 211.3.

Type of Reservation: Performance Requirement (Article 10.5)

Description: India reserves the right to adopt or maintain any measure which is non-conforming to the obligations on Performance Requirements in the Investment Chapter with respect to manufacturing hydrogenated oils, vanaspati, ghee and vegetable oils

* "ghee" means clarified butter.

Existing Measure

Article 10. Manufacturing

Sector: Distilling, rectifying and blending of spirits, ethyl alcohol production from fermented materials and manufacture of wines

Sub-Sector: Manufacture of wines, malt liquors, beer

Industrial Classification: ISIC 1551, 1552, 1553, NIC 220, 221 and 222- 222.1, 222.2, 222.3

Type of  Reservation: Performance Requirement (Article 10.5)

Description: India reserves the right to adopt or maintain any measure with respect to distilling, rectifying and blending of spirits, ethyl alcohol production from fermented materials and manufacture of wines.

Existing Measure

Article 11. Manufacturing

Sector: Wood and Wood Products

Sub-Sector: Sawing and Planing of Wood; manufacture of veneer sheets, plywood, and their products; manufacture of structural wooden goods; manufacture of wooden containers; manufacture of wooden industrial goods; manufacture of cork and cork products; manufacture of wooden furniture and fixtures; manufacture of bamboo and cane furniture and fixtures.

Industrial Classification: ISIC -201, 202, 2021,2022,2023 and 2029, NIC- 270, 271,272, 273,274,275, 276,277,279.

Type of Reservation: Performance Requirement (Article 10.5)

Description: India reserves the right to adopt or maintain any measure which is non-conforming to the obligations on Performance Requirements in the Investment Chapter with respect to manufacture of Wood and Wood Products.

Existing Measure

Article 12. Manufacturing

Sector: Leather

Sub-Sector: Tanning, curing, finishing, embossing, japanning of leather; manufacture of leather footwear; manufacture of leather apparel; manufacture of consumer goods of leather; scrapping, currying, tanning, bleaching and dyeing of fur and other pelts for leather trade; manufacture of leather and fur products.

Industrial Classification: ISIC- 182,1820, 19,191,1911,1912, 192,1920, NIC- 290, 291, 292, 293, 294, 295, 296, 299.

Type of Reservation: Performance Requirement (Article 10.5)

Description: India reserves the right to adopt or maintain any measure which is non-conforming to the obligations on Performance Requirements in the Investment Chapter with respect to manufacture of Leather and Leather Products

Existing Measure

Article 13. Manufacturing

Sector: Cement and Asbestos

Sub-Sector: Manufacture of cement, lime and plaster; manufacture of mica products; stone dressing and crushing; manufacture of asbestos cement and other cement products.

Industrial Classification: ISIC- 2694,2695, 2696, NIC- 324, 325, 326.1, 327

Type of Reservation: Performance Requirement (Article 10.5)

Description of Reservation: India reserves the right to adopt or maintain any measure which is non-conforming to the obligations on Performance Requirements in the Investment Chapter with respect to manufacture Cement, lime and plaster, mica products, stone dressing and crushing, asbestos cement and other cement products.

Existing Measure

Article 14. Manufacturing

Sector: Air-conditioner, refrigerators and fire fighting equipments

Sub-Sector: Manufacture of refrigerators, air-conditioners and fire-fighting equipments

Industrial Classification: NIC- 355

Type of  Reservation: Performance Requirement (Article 10.5)

Description of Reservation:  India reserves the right to adopt or maintain any measure which is non-conforming to the obligations on Performance Requirements in the Investment Chapter with respect to manufacture of Air-conditioner, refrigerators and fire fighting equipments.

Existing Measure

Article 15. Manufacturing

Sector: Industrial explosives, safety fuse, detonators, fireworks