3년의 혁신, 30년의 성장, 관세청 종합솔루션 YES FTA

Article 1 Definitions

For the purposes of this Annex:

• (a) “chapters”, “headings” and “sub-headings” mean the chapters, the headings (four-digit codes) and sub-headings (six-digit codes) used in the nomenclature of the HS;
• (b) “classified” refers to the classification of a product or material under a particular chapter, heading and sub-heading;
• (c) “consignment” means products, which are either sent simultaneously from one exporter to one consignee or covered by a single transport document covering their shipment from the exporter to the consignee or, in the absence of such a document, by a single invoice;
• (d) “customs value” means the calculated value determined in accordance with the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 (WTO Agreement on Customs Valuation);
• (e) “ex-works price” means the price paid or payable for the product ex-works to the manufacturer in a Party in whose undertaking the last working or processing is carried out, provided the price includes the value of all the materials used, minus any internal taxes returned or repaid when the product obtained is exported;
• (f) “goods” means materials, products, or articles;
• (g) “the HS” means the Harmonized Commodity Description and Coding System in force on the date of signature of this Agreement, including its general rules and legal notes;
• (h) “manufacture” means any kind of working or processing, including assembly or specific operations;
• (i) “material” means any ingredient, raw material, component or part, etc., used in the manufacture of a product;
• (j) “non-originating materials” means materials which do not qualify as originating under this Annex;
• (k) “Party” means Korea, Iceland, Norway and Switzerland. Due to the customs union between Switzerland and Liechtenstein, products originating in Liechtenstein are considered to be originating in Switzerland;
• (l) “product” means the product being manufactured, even if it is intended for later use as a material in another manufacturing operation;
• (m) “territories” includes territorial sea;
• (n) “value of materials” means the customs value at the time of importation of the non-originating materials used, or, if this is not known and cannot be ascertained, the first ascertainable price paid for the materials in a Party;
• (o) “value of originating materials” means the value of originating materials in accordance with the definition of sub-paragraph (n) applied mutatis mutandis;
• (p) “exporter” means a person located in the territory of a Party from where a good is exported by such a person;
• (q) “importer” means a person located in the territory of a Party where a good is imported by such a person; and
• (r) “producer” means a person that grows, mines, harvests, fishes, traps, hunts, manufactures, processes or assembles goods.

Article 15: Origin Declaration

For the purposes of obtaining preferential tariff treatment in the importing Party, a proof of origin in the form of an origin declaration as set out in Appendix 3 shall be completed by an exporter of a Party for products which can be considered to be products originating in Korea or in an EFTA State and which fulfil the other requirements of this Annex.

• 2. The origin declaration may be provided on an invoice or any other commercial document identifying the exporter, his address and telephone number, which describes the products concerned in sufficient detail to enable them to be identified.
• 3. An origin declaration shall be completed in English, in a legible and permanent form and, except as provided in Article 16, bear the original signature of the exporter.
• 4. An origin declaration may be completed by the exporter or the producer when the products to which it relates are exported, or after exportation.
• 5. When completing an origin declaration, an exporter that relies on documents and information from a producer shall take steps in accordance with domestic laws and regulations of the exporting Party to ensure that the documents and information are accurate.
• 6. An exporter that has completed an origin declaration and that becomes aware that the origin declaration contains incorrect information shall immediately notify the importer in writing with a copy to the exporting customs authority of any change affecting the originating status of each product to which the origin declaration is applicable. Penalties, if any, shall be made in accordance with laws and regulations of the exporting Party.
• 7. An exporter that has completed an origin declaration shall, on request of the customs authority of the exporting Party, provide to the authority concerned a copy of the origin declaration, and of all documents supporting the originating status of each product to which the origin declaration is applicable. For this purpose, the said customs authorities shall have the right to carry out inspections of the exporters or the producer’s accounts or any other controls considered appropriate.
• 8. For the purposes of this Article, the term “exporter” does not include a forwarding agent, customs broker or the like, unless such a company, in accordance with national laws and regulations has been authorized in writing by the owner of the product to complete the origin declaration.

Article 1: International Conventions

• 1. The Parties reaffirm their obligations set out in the international agreements to which they are party, in particular the following multilateral agreements:
  • (a) WTO Agreement of 15 April 1994 on Trade-Related Aspects of Intellectual Property Rights;
  • (b) Paris Convention of 20 March 1883 for the Protection of Industrial Property (Stockholm Act, 1967); and
  • (c) Berne Convention of 9 September 1886 for the Protection of Literary and Artistic Works (Paris Act, 1971).
• 2. The Parties that are not party to one or more of the multilateral agreements listed below, shall ratify or accede to them, or shall apply their substantive standards, at the latest by 2008:
  • (a) WIPO (World Intellectual Property Organization) Performances and Phonograms Treaty (Geneva 1996);
  • (b) WIPO Copyright Treaty (Geneva 1996); and
  • (c) International Convention of 26 October 1961 for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (Rome Convention).

Article 2: Patents

The Parties shall ensure in their national laws at least the following:

(a) adequate and effective patent protection for inventions in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application. For Korea, Iceland, Liechtenstein and Switzerland this means protection on a level corresponding to the one in Article 27.1 of the TRIPS Agreement. In addition to what is provided for in Article 27.2 of the TRIPS Agreement, the Parties may exclude from patentability: