Annex II: Explanatory notes [PDF 82 KB]
- The Schedule of a Party to this Annex sets out, pursuant to Articles 7.6 (Non-Conforming Measures - Cross-Border Trade in Services) and 11.12 (Non-Conforming Measures - Investment), the specific sectors, sub-sectors or activities for which that Party may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:
- Article 7.2 (National Treatment - Cross-Border Trade in Services) or 11.3 (National Treatment - Investment);
- Article 7.3 (Most-Favoured-Nation Treatment - Cross-Border Trade in Services) or 11.4 (Most-Favoured-Nation Treatment - Investment);
- Article 7.4 (Market Access- Cross-Border Trade in Services);
- Article 7.5 (Local Presence- Cross-Border Trade in Services);
- Article 11.9 (Performance Requirements- Investment); or
- Article 11.10 (Senior Management and Boards of Directors- Investment).
- Each Schedule entry sets out the following elements:
- Sector refers to the sector for which the entry is made;
- Obligations Concerned specifies the obligation(s) referred to in paragraph 1 that, pursuant to Articles 7.6.2 and Article 11.12.2, do not apply to the sectors, sub-sectors or activities listed in the entry;
- Description sets out the scope of the sector, sub-sector or activities covered by the entry; and
- Existing Measures identifies, for transparency purposes, existing measures that apply to the sector, sub-sector or activities covered by the entry.
- In accordance with Articles 7.6.2 and 11.12.2, the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the sectors, sub-sectors and activities identified in the Description element of that entry.
- For Korea, a "foreign person" means a foreign national or an enterprise organised under the laws of another country.