Side Letter Telecommunications Korea
8 April 2014
The Hon Andrew Robb AO, MP
Minister for Trade and Investment
CANBERRA ACT 2600
Dear Minister Robb
In connection with the signing on this date of the Korea-Australia Free Trade Agreement, I have the honour to confirm the following understanding reached between the delegations of the Republic of Korea and Australia during the course of negotiations regarding each Party's Annex I entry on telecommunications services in the Agreement:
If a Party conditions the granting of a licence to supply public telecommunications services to a person of the Party in which a person of the other Party holds an equity interest on a finding that the supply of such services would serve the public interest, the Party shall ensure that it:
- bases any such finding and the procedures for making such a finding on objective and transparent criteria;
- employs a presumption in favour of finding that granting a licence to a person of the Party in which a person of the other Party holds an equity interest would serve the public interest; and
- develops any such procedures through a rulemaking consistent with Article 9.21 (Transparency).
I have the honour to propose that this letter and your letter in reply confirming that your Government shares this understanding shall constitute an integral part of the Agreement.