11. An arbitrator shall not, directly or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of the arbitratorâs duties.
12. An arbitrator shall not use his or her position on the arbitration panel to advance any personal or private interests. An arbitrator shall avoid actions that may create the impression that others are in a special position to influence the arbitrator.
13. An arbitrator shall not allow past or existing financial, business, professional, family or social relationships or responsibilities to influence the arbitratorâs conduct or judgement.
14. An arbitrator shall avoid entering into any relationship, or acquiring
any financial interest, that is likely to affect the arbitratorâs impartiality or that might reasonably create an appearance of impropriety or bias.
Obligations of Former Arbitrators
8B-2
15. All former arbitrators must avoid actions that may create the appearance that they were biased in carrying out their duties or derived advantage from the decision or ruling of the arbitration panel.
Confidentiality
16. An arbitrator or former arbitrator shall not at any time disclose or use any non-public information concerning the proceedings, or acquired during the proceedings, except for the purposes of those proceedings and shall not, in any case, disclose or use any such information to gain personal advantage or advantage for others, or to adversely affect the interest of others.
17. An arbitrator shall not disclose an arbitration panel ruling or parts thereof prior to its publication.
18. An arbitrator or former arbitrator shall not at any time disclose the deliberations of an arbitration panel, or any arbitratorâs view.
8B-3
Chapter CHAPTER NINE EXCEPTIONS
Article 9.1. General ExceptionsFor Purposes of Chapter Two (Trade In Goods), Chapter Three (Rules of Origin), Chapter Four (Customs Procedures and Trade Facilitation), and Chapter Five (Trade Remedies), Article XX of GATT 1994 and Its Interpretative Notes Are Incorporated Into and Made Part of this Agreement, Mutatis Mutandis.!
Article 9.2. Security Exceptions1. Nothing In this Agreement Shall Be Construed to:
(a)
(b)
(c)
require a Party to furnish any information, the disclosure of which it considers contrary to its essential security interests;
prevent a Party from taking any action which it considers necessary for the protection of its essential security interests:
@
(ii)
(iii)
(iv)
relating to the traffic in arms, ammunition, and implements of war and to such traffic in other goods and materials as carried on, directly or indirectly, for the purposes of supplying a military establishment;
relating to fissionable and fusionable materials or the materials from which they are derived;
relating to the protection of critical public infrastructure from deliberate attempts intended to disable or degrade such infrastructure; or
taken in time of national emergency, war or other emergency in international relations; or
prevent a Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.
' The Parties understand that the measures referred to in Article XX(b) of GATT 1994 include environmental measures necessary to protect human, animal, or plant life or health, and that Article XX(g) of GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources.
9-1
2. The Joint Committee shall be informed to the fullest extent possible of measures taken under subparagraphs 1(b) and (c) and of their termination.
Article 9.3. Taxation
1. Except as set out in this Article, nothing in this Agreement shall apply to taxation measures.
2. Nothing in this Agreement shall affect the rights and obligations of either Party under any tax convention. In the event of any inconsistency between this Agreement and any such tax convention, the latter shall prevail to the extent of the inconsistency. In the case of a tax convention between the Parties, the competent authorities under that convention shall have sole responsibility for determining whether any inconsistency exists between this Agreement and that convention.
3. This Agreement shall only grant rights or impose obligations with respect to taxation measures where they are granted or imposed under Article 2.3 (National Treatment) to the extent provided under Article I of GATT 1994,
4. For purposes of this Article:
(a) tax convention means a convention for the elimination of double taxation with respect to taxes on income and capital gains and the prevention of tax evasion and avoidance or other international taxation agreement or arrangement to which both Parties are party;
(b) taxes and taxation measures do not include customs duties as defined in Article 1.1 (General Definitions) and measures listed in exceptions (b), (c), (d), and (e) of that definition; and
(c) competent authorities means:
@) for Korea, the Deputy Minister for Tax and Customs, Ministry of Economy and Finance, or his or her
successor; and
Gi) for Cambodia, the Minister of Economy and Finance or the Minister's authorized representative.
9-2
Article 9.4. Disclosure of Information
Nothing in this Agreement shall be construed to require a Party to furnish or allow access to confidential information the disclosure of which would impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice the legitimate commercial interests of particular enterprises, public or private.
Article 9.5. Confidentiality Unless Otherwise Provided In this Agreement, Where a Party Provides Information to the other Party In Accordance with this Agreement and
designates the information as confidential, the Party receiving the information shall maintain the confidentiality of the information.
9-3
Chapter CHAPTER TEN INSTITUTIONAL AND FINAL PROVISIONS
Section Section a: Institutional Provisions
Article 10.1. Joint Committee1. the Parties Hereby Establish a Joint Committee Composed of Relevant Government Officials of Each Party. It Shall Be Co-chaired by the Minister for Trade, Industry and Energy of Korea and the Minister of Commerce of Cambodia, or Their Respective Designees.
2. The Joint Committee shall:
(a) review and supervise the implementation and operation of this Agreement;
(b) supervise and coordinate the work of all committees, working groups, and other bodies established under this Agreement;
(c) consider ways to further enhance trade and investment relations between the Parties;
(d) without prejudice to the procedures under Chapter Eight (Dispute Settlement), seek to resolve problems or disputes that may arise relating to the interpretation or application of this Agreement;
(e) monitor the progress of the Work Programme and provide guidance; and
ff) consider any other matter that may affect the operation of this Agreement, or other areas covered by this Agreement as the Parties may agree.
3. The Joint Committee may:
(a) establish and delegate responsibilities to ad hoc and standing committees, working groups, or other bodies;
(b) consider and recommend to the Parties any amendment to this Agreement;
(c) adopt interpretations of the provisions of this Agreement;
10-1
(d) adopt its own rules of procedure; and
(e) make recommendations to the Parties. 4. When a Party submits information considered as confidential under its laws and regulations to the Joint Committee, committees, working groups, or any other bodies, the other Party shall treat that information as confidential. Article 10.2: Procedures of the Joint Committee
1. Unless the Parties agree otherwise, the Joint Committee shall convene:
(a) the first session within 12 months from the entry into force of this Agreement;
(b) in annual regular session thereafter, with such sessions to be held alternately in the territory of each Party; and
(c) in special session within 30 days from receipt of a request of either Party, with such sessions to be held in the territory of the other Party or at such other locations as the Parties may agree.
2. The meetings of the Joint Committee may be held in person or, if agreed by the Parties, by any technological means available to them.
3. All decisions and recommendations of the Joint Committee shall be taken by mutual agreement. Article 10.3: Committees and Working Groups
1. The following Committees are hereby established under the auspices of the Joint Committee.
(a) The Committee on Trade in Goods; in accordance with Article 2.17 (Committee on Trade in Goods)
(b) The Committee on Rules of Origin and Customs Procedures, in accordance with Article 4.18 (Committee on Rules of Origin and Customs Procedures)
(c) The Committee on Economic Cooperation, in accordance with Article 6.4 (Committee on Economic Cooperation)
10-2
2. The Joint Committee may establish additional committees, working groups, or any other bodies, including the Committee on Transparency pursuant to Article 10.6.(b)(Work Programme) under this Agreement.
3. The composition, frequency of meetings, and functions of the committees, working groups, or any other bodies shall be in accordance with the relevant provisions of this Agreement or determined by the Joint Committee consistent with this Agreement.
4. The committees, working groups, or any other bodies shall inform the Joint Committee of their schedules and agendas sufficiently in advance of their meetings. They shall report to the Joint Committee on their activities at each regular meeting of the Joint Committee.
5. The Joint Committee may decide to change or undertake a task
assigned to a committee, a working group, or any other body, or may dissolve a committee, a working group, or any other body.
Article 10.4. Contact Points 1. In Order to Facilitate Communications between the Parties on Any Trade Matter Covered by this Agreement, the Parties Hereby Establish the Following Contact Points:(a) for Korea, the Ministry of Trade, Industry and Energy; and
(b) for Cambodia, the Ministry of Commerce; or their respective successors. 2. Upon the request of either Party, the contact point of the other Party shall indicate the office or official responsible for any matter relating to the implementation of this Agreement, and provide the required support to
facilitate communications with the requesting Party. Each Party shall notify the other Party of any change in its contact point in due time.
Section Section B: Final Provisions
Article 10.5. Annexes, Appendices, and Footnotes
The Annexes, Appendices, and footnotes to this Agreement shall form an integral part of this Agreement.
10-3
Article 10.6. Work Programme the Parties Shall:
(a) consult and initiate negotiations on trade in services and investment within one year after the entry into force of this Agreement; and
(b) establish a Committee on Transparency within a reasonable period of time as agreed by the Parties, with a view to the effective implementation and operation of Chapter Seven (Transparency).
Article 10.7. Review of the Agreement
After four years following the date of entry into force of this Agreement, or at any time thereafter upon the request of a Party, the Parties may undertake a review of this Agreement with a view to furthering these objectives of the Agreement. The review may include, but is not limited to, improvement of the market access of the Parties for the purpose of enhancing trade between the Parties.
Article 10.8. Amendments
The Parties may agree, in writing, to amend this Agreement. Any amendment shall enter into force after the Parties exchange written notifications through diplomatic channels certifying that they have completed all necessary domestic legal requirements and procedures, on such date as the Parties may agree. The amendments shall form an integral part of this Agreement.
Article 10.9. Amendments to the WTO Agreement
If any provision of the WTO Agreement that the Parties have incorporated into this Agreement is amended, the Parties shall enter into consultation to consider amending the relevant provisions of this Agreement, as appropriate, in accordance with Article 10.8.
Article 10.10. Entry Into Force
This Agreement shall enter into force 60 days after the date on which the Parties have exchanged written notifications through diplomatic channels
10-4
certifying that they have completed all necessary domestic legal requirements and procedures, or on such other date as the Parties may agree in writing. Article 10.11: Termination
Either Party may terminate this Agreement by written notification through
diplomatic channels to the other Party and such termination shall take effect six months after the date of the notification.
Article 10.12. Authentic Texts this Agreement Is Drawn Up In Duplicate In the Korean, Khmer and English
languages, all texts being equally authentic. In case of any divergence of interpretation, the English text shall prevail.
IN WITNESS WHEREOPF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.
DONE in duplicate at Seoul and Phnom Penh, on the 26th day of October, in the year 2021, in the Korean, Khmer and English languages.
FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF THE REPUBLIC OF KOREA THE KINGDOM OF CAMBODIA
10-5