Archive for the ‘Commentary’ Category

2012 Trends and Expectations—A Korea-facing Commentary

Sunday, January 1st, 2012
2012 Trends and Expectations—A Korea facing Commentary

By Don Southerton

Each new year, I share thoughts for the upcoming months in an executive-level commentary. Looking back at 2011, South Korea’s export economy saw a robust year—familiar names like Samsung, Hyundai, and Kia continuing to grow global market shares—demand driven by a mix of product quality, value, and design appeal, along with Japanese brands suffering set-backs from the devastation of the tsunami and threat of catastrophic nuclear meltdown.

Tempering the demand for top Korean cars, electronics, and consumer goods were deep concerns over the EU fiscal crisis—worries that still linger.

On a positive note following an amended agreement for the Korea-U.S. Free Trade Agreement (KORUS FTA) and ratification both by the U.S. Congress and Korean Assembly expectations are that the treaty will be implemented in the first quarter of 2012. Advocates and critics alike see the FTA boosting annual commerce between the two nations into the billions of Dollars.

Looking forward to 2012, first, the succession in North Korea will continue to be a concern. Issues include the stability of the Kim regime, threats of more border clashes, and an unchecked nuclear arms program. I’ll continue to monitor and share news as it unfolds.

Next, building on the momentum of the past 3 years, expect Korea’s export-driven firms to push their organizations to carve out greater global market shares. Look for even bolder announcements and sales targets than in the past. For example, Hyundai Motor Company, along with their sister firm Kia Motors, announced their global goals for 2012—targeting sales of seven million units. This is a significant increase from estimated sales of between 6.5 and 6.6 million the group expects for 2011.

Not to be outdone, Samsung Electronics, with record 2011 cell phone sales, intends to increase their total by as much as 15%. This translates to approximately 374 million phones, including 150 million smartphones for 2012.

One change from the past 2 years…., I expect few new foreign brands to enter the Korean market in 2012—part saturation, part concerns by the major Groups over the euro-zone fiscal crisis and a stalling U.S. economy undercutting global demand that in turn has an impact on the domestic economy. Two exceptions. One will be services benefitting from KORUS FTA such as U.S-based international law firms wishing to expand into Korea. The second are highly successful brands and products that bring with them strong appeal and a ready market—for example, Chipotle.

For those foreign businesses and brands that do plan to enter the Korean market or partner with Korean firms, I suggest they take efforts to understand not only the culture, but also business norms and expectations. For example, your key management needs access to coaching and someone to answer their questions on topics ranging from strategy to the impact of routine management changes within their Korean partner’s organization. It’s a small upfront investment and less costly than the consequences, which can include lawsuits, local and expat employee turnover, and months of missed goals and low productivity—not to mention tensions between you and the client over expectations. I know this area well—most recently handling the negotiations for a major brand launch in Korea.

Finally, expect further growth in Korean Green technology (wind power, solar, eCars, batteries), along with Korean overseas acquisition of energy related firms. With regard to Green, most of Korea’s major Groups have boldly entered the renewable and sustainable side of the market with plans to expand sales and distribution globally. This includes state of the art manufacturing facilities for wind turbines, solar cells, next generation batteries, and electric power trains.  In particular, Hyundai and Kia introduced hybrid models in 2011, with the group aiming to launch a variety of eco-friendly models in 2012.

To conclude, understanding the dynamics of Korea’s economy, markets, and major business groups is vital. It is critical to take into consideration Korea’s past and current trends. Culture, global influences, and a 24-hour virtual workday add to this complexity. I’m dedicated to providing much needed research, analysis, and critical thinking to provide you with answers and insights 24-7-365.

Please feel free to share this commentary across your organization and teams.

If needed, I can also provide more details on specific market sectors, etc.

Sponsored by KoreaPros

2012 Trends and Expectations—A Korea facing Commentary

KEB Lone Star TBS eFM Radio Commentary

Saturday, November 26th, 2011
KEB Lone Star TBS eFM Radio Commentary

By Don Southerton, KoreaLegal.org Editor

KEB Lone Star continue to draw media attention. In fact, it has long been a lightning rod for controversy.

I’ll soon post an audio of  my recent TBS eFM interview on issues surrounding Lone Star and KEB.

That said, one dimension to the controversy is–Does Lone Star warrant the huge payoff? Maybe…

1) they did turn KEB into a hugely success bank.

2) if there had never been issues that tied up  KEB Lone Star  in the courts, Lone Star would have preferred  to sell their holdings in 2006 and in subsequent aborted deals. Ironically being forced to hold on the FEB, Lone Star will reap even more gains.

Comments and / or questions?

KEB Lone Star TBS eFM Radio Commentary

CSR, Green, Sustainability, and New Urbanism

Sunday, October 23rd, 2011
CSR, Green, Sustainability, and New Urbanism

By Don Southerton, Korealegal.org Editor

If readers don’t mind, I’ll step away from the legal focus of KoreaLegal.org to share some timely thoughts on CSR, Green, sustainability, and especially new urbanism–although there are lots of connections between these topics and South Korea.

My personal and professional interest first grew from involvement in Songdo International Business District, a Green-focused “city of the future” on the west coast of South Korea. Next, over the past  years working with Hyundai Motor Group on a number of projects, I’ve  learned much about (and been asked to share) their Korean CSR, sustainability, and Green automotive technology.

In addition, I’ve been asked by clients to research Korean firms highly engaged in wind turbine, ocean-wave, and solar technology manufacturing.

Together, a strong interest has been peaked. With an office in Denver, living and working in Belmar, new urbanism community, aligns well with my  values. In fact, one of my academic writing projects will look at Korean and American new urbanism.

Belmar Community
Belmar, developed by Continuum Partners, is a 22-block mixed use development on the site of the former Villa ItaliaMall. The developers are dedicated to energy-use reduction and the responsible use of limited natural resources.Belmar used the U.S. Green Building Council’s Leadership in Energy and Environment Design (LEED) criteria to guide the design and development of many buildings in the project.The project has been designed to reduce automobile reliance and to promote pedestrian and transit activity. There are multiple regional bus routes that circulate through the site with multiple stops (previously, no routes penetrated the 104 acre site). All on-site housing has been built with high quality, sustainable materials and energy conservation technology, ensuring high levels of energy efficiency and green building.

 

Belmar has worked with Waste Management to implement an expanded single-stream recycling program for all residents as well as office and retail tenants. Much of the construction material from the demolition of the original mall structure has been recycled. 88% of all materials by weight and volume from the original site have been reused. 100%, or in excess of 2 million square feet, of asphalt originally on site was milled into more than 40,000 tons of base material used for temporary roadways and the base under building slabs. Over 200,000 tons of concrete from the original mall slab were crushed and reused on site, the weight of which is equivalent to approximately two aircraft carriers. All steel, copper and aluminum was taken to recycling centers. Glass, doors, windows and light fixtures have been reused in Continuum’s downtown headquarters office as well as the on-site sales and leasing office at Belmar.

Belmar Solar Array
The most visible examples of alternative energy in Belmar are both the wind farm on the developments northwest parking lot and photovoltaic structures on top of the parking garages. The plan is for the system to supply all the electricity for the garages and sell the excess energy it generates back to the grid. 8,300 solar panels will be installed on the roof of three parking garages. The 1.7 megawatt array will generate approximately 2.3 million kilowatt hours of clean electrical energy per year.  The power output will offset approximately 5% of the total Belmar power consumption. Solar powered pay-and-display parking kiosks are used to manage 350 on-street parking spaces.

Belmar boasts wind turbines on top of street lights, solar-powered parking meters and some of the most energy-efficient commercial buildings in Denver. The Belmar district also features a small urban wind farm with 14 turbines powering lighting for a large parking lot.  The wind farm has the potential to generate 700-900 kilowatt hours of electric power per month.

Approximately 130 mature trees from the original site were transplanted to a temporary nursery site and replanted in the Belmar district.

Finally, all outdoor lighting has been designed in cooperation with the International Dark Skies Association to preserve and protect the nighttime environment and reduce light pollution.


CSR, Green, Sustainability, and New Urbanism

Korean Commercial Code Adds New Business Options for Investors

Saturday, October 8th, 2011
Korean Commercial Code Adds New Business Options for Investors

By Don Southerton, KoreaLegal.org Editor

We are again pleased to share an update by Kent Wong on recent changes to South Korea’s commercial code. Kent is a Senior Foreign Attorney (Partner) at APEX LLC and noted expert on international investment.

Introduction

The Korean Commercial Code (KCC) is the main body of laws in Korea relating to business and business enterprises in Korea. Recent amendments to the KCC include the addition of two new types of business entities: hapja johap (“partnership association”) and yuhan chaekim hoesa (“limited liability company”) to meet the increasing demands of investors and dynamics in Korea’s economy. The additional business entities were created to provide greater flexibility in the formation, operation and dissolution of a business enterprise to promote commerce while providing limited liability protection to investors.

With the additional legal entities, the business entities that will be recognized under the amended KCC are as follows: (i) johap (association), (ii) hapmyung hoesa (general partnership), (iii) hapja hoesa(limited partnership), (iv) yuhan hoesa (limited company), (v) chusik hoesa (joint stock company), (vi) hapja johap and (vii) yuhan chaekim hoesa. The main features of a hapja johap and yuhan chaekim hoesa are summarized below.

Hapja Johap  Hapja johap is a business entity similar to a limited partnership recognized in the United States. The main features of a hapja johap are as follows:
a) A hapja johap can be established upon an agreement among (i) one or more managing partners who agree to bear unlimited liability in the partnership and (ii) one or more limited partners, whose liability is limited to their capital contribution in the partnership to make joint capital contributions to conduct business together. A hapja johap is not a separate legal entity per se and, instead, is recognized as an “association” authorized by law to engage in business (similar to johap).
b) The major matters required to be included in the limited partnership agreement are: (i) the purposes of the partnership, (ii) the name of the partnership, (iii) the individual names of the partners, (iv) the contribution amounts of each partner, (v) ratio allocation of profits and losses of the partnership among its members, (vi) matters regarding assignment of limited partners’ interests in the partnership and (vii) matters relating to the distribution of residual assets among its partners. Once a hapja johap is established, certain information stipulated in the KCC (e.g., abovce items (i) to (iv)) must be registered with the court having jurisdiction over the hapja johap.
c) The managing partner has a fiduciary duty to the other partners to manage and represent the partnership with care and loyalty. However, the managing partner may not sell, assign or transfer of her interest in the partnership to a third party without the unanimous consent from all partners.
d) Unless otherwise permitted in the partnership agreement, a limited partner must refrain from managing or representing the partnership and making capital contributions in the form of credit or labor services. A limited partner is largely a passive investor with a right to review the management of the partnership and its financial matters. A limited partner may sell, assign or transfer her interest in the partnership to a third party in accordance with the limited partnership agreement. Further, the outgoing partner’s right and obligations in the partnership will bind the incoming partner.
e) Tax issues for a hapja johap are not settled underthe current tax law; however, many believe double taxation should not arise as a hapja johapis legally treated as an association and, thus, should allow pass-through tax treatment
YUHAN CHAEKIM HOESA  Yuhan chaekim hoesa is viewed to be similar to a limited liability company in the United States or akin to a godo kaisha in Japan. This entity was intended to provide flexibility in the composition of the organization and recovery of investments while providing limited liability protection against creditors of the company up to their invested amounts. Summarized below are the main characteristics of a yuhan chaekim hoesa (“LLC”).
a) The LLC can be established upon a capital investment by one or more persons and registration of its incorporation. Capital contributions can be made in any form, such as cash or other tangible assets except those that are difficult to determine the reasonable market value (e.g., services or credit). In addition, the LLC is allowed to issue corporate bonds, which are not applicable to a yuhan hoesa (limited company).
b) There is no minimum capital requirement to establish an LLC. While a manager is required (may be a person or a legal entity), there is no mandate to have directors or an auditor. The LLC may also change its legal business status to a chusik hoesa (joint stock company) with the unanimous consent of all of the members.
c) A member is allowed to transfer her interests in the LLC to a third party with the consent of other members or if permitted in the LLC’s Articles of Association. Unless otherwise stated in the Articles of Association, a member may obtain a refund of her investment in the LLC by exiting at the end of the LLC’s fiscal year after the member has given at least six (6) months’ prior notice to the LLC. Thus, if the company’s fiscal year is the calendar year, the member must submit notice to the company by June and leave by December. However, if the amount refunded to the exiting member exceeds the capital surplus of the LLC, the LLC must provide notice to its creditors informing them that objections may be submitted to the member’s exit and must also provide the objecting creditors adequate security if there is a possibility that the refund may damage such creditor.
d) Tax issues pertaining to a yuhan chaekim hoesa have not been determined yet; however, many believe the LLC will be treated similarly to a chusik hoesa (corporation), including double tax.

 

To conclude, Hapja johap and yuhan chaekim hoesa offer additional options for investors to conduct their business in Korea as they provide flexibility in corporate organization and operation while limiting liability to the investors’ capital contribution. While chusik hoesa (corporation) and yuhan hoesa (limited company) will likely remain the popular choice for larger companies, a hapja johap and yuhan chaekim hoesa will likely appeal to small-sized companies or investors with limited objectives. The utilization of the new company vehicles, however, will depend much on their tax treatment.

For further information, we strongly suggest you contact Kent Wong at Apex Law LLC.

Korean Commercial Code Adds New Business Options for Investors

Southerton Summer Update–Globalization

Saturday, July 9th, 2011
Southerton Summer Update  Globalization

By Don Southerton, Editor KoreaLegal.org

Just a short summer update.

Over the past months, FTA, Samsung–Apple, Google, Lone Star KEB, FDI, franchise law, and international job recruitment have been the dominated Korea-facing legal issues. That said, there are local Korean cases that warrant attention, but my focus tends to be global. In fact, most of the articles I provide commentary illustrate the globalization of Korean business. I see this daily in my work–with Korean global firms overseas’ operations, with global firms entering the Korean market, or with global brands looking to provide services to Korean-facing firms.

This trend will continue. In turn it is inevitable that more legal issues and lawsuits will surface.

Southerton Summer Update  Globalization

Samsung Fights Back

Friday, July 1st, 2011
Samsung Fights Back

By Don Southerton, KoreaLegal.org Editor

In my previous post, I shared how Apple continued to go after Samsung–taking the battle to the courts in Korea. Samsung has countered and file a complaint with the International Trade Commission.  My opinion is that much of this is but legal maneuvering designed to position each party best for a settlement. Neither could really expect bans on sale of their rival’s products.

I’d advise Apple’s lawyers to learn more about Samsung and their negotiation style and tactics… Apple leadership would benefit, too.  I can help with this.

SEOUL—Samsung Electronics Co.’s countersuits against Apple Inc.’s allegations of product copying have expanded to six countries, the company said Thursday, and now include a complaint with the International Trade Commission seeking to stop the sale of popular Apple products in the U.S.

The suits appear part of a broad strategy by Samsung to fight Apple’s lawsuit over the design of its smartphones and tablet computers with a barrage of litigation around the world.

By doing so, Samsung would build leverage that might force Apple to settle the initial case—which threatens to damage Samsung’s efforts to catch up to Apple in the smartphone and tablet markets, where profit margins are relatively high and market leadership is unsettled.

Samsung declined to answer questions about the strategy. A spokesman said the company doesn’t comment on pending legal matters. Apple declined to comment.

But the scope and ongoing expansion of the countersuits show the importance Samsung, the world’s largest technology manufacturer by revenue, has placed on countering Apple’s accusations that it copied Apple’s designs.

Apple is moving toward seeking a preliminary injunction in the initial case—filed in April in a federal court in San Jose, Calif.—that might limit Samsung’s ability to sell its smartphones and tablet PCs in the U.S., its biggest market.

With the latest filings earlier this week in Delaware and the Washington-based ITC, Samsung now has countersuits pending in California, South Korea, Japan, Germany, Italy and the United Kingdom.

“To have lawsuits in many countries at the start, it’s the best way to protect their patents,” Jong Sang-jo, a law professor at Seoul National University, said of Samsung’s tactics.

Apple filed a follow-up suit against Samsung in South Korea last week. It alleged some of the same product-copying violations as in the U.S. case and accused Samsung of violating some of Apple’s technical patents.

The fight is one of many that have been filed over the past year over smartphone and tablet technology. But this one has gained greater attention because Apple and Samsung, while competing in consumer products, have a customer-supplier relationship in which Apple is the biggest buyer of Samsung’s device components, including chips and screens.

That has prompted speculation throughout the electronics industry that Apple might try to end its supplier relationship with Samsung. Such a move would prove costly to Samsung’s chip business, which has yielded the company’s highest profits for the past two years. It would also prove a challenge to Apple to find other suppliers that can provide parts at the volume and price that Samsung can.

Apple executives have said they expect the relationship to continue. A spokesman said Thursday that Samsung said it would fulfill its long-term contracts with Apple, adding: “We view the patent issue as entirely separate from our business relationship with Apple.”

Samsung chairman Lee Kun-hee in late April indirectly criticized Apple’s lawsuit as an attempt to restrain Samsung. “When a nail sticks out, [people] try to pound it down,” Mr. Lee told local reporters at the time.

Since Apple filed the first suit in late April, the legal approaches of the two companies have laid bare their different basic competencies and advantages in the marketplace.

Apple is asserting the primacy of its ability to design distinctive products, a skill that gives it the ability to charge premium prices and reap larger profit margins. By focusing on technology patents rather than design, Samsung is asserting that the development of components, related technologies and manufacturing prowess should be just as, or more, valuable.

In the market, Apple’s strategy has proved more profitable. It has been able to boost both its profit margins and its sales in recent years. Samsung, meanwhile, has had to contend with declining profit margins even as sales rose in its businesses.

For example, Samsung achieved a record profit last year, beating its previous record set in 2004, but it did so with smaller overall margins and a larger base of revenue, approximately twice the sales level it had in 2004.

Source: WSJ

 

Samsung Fights Back

Google Korea Privacy Issues

Saturday, January 8th, 2011
Google Korea Privacy Issues

By Don Southerton, Korealegal.org Editor
Google Korea and privacy issues continue to surface. As noted in a previous KoreaLegal.org post in August 2010 (LINK) and covered by global media including the Wall Street Journal, Google’s Street View project has draw much attention. Criminal charges might be forthcoming.

Google amassed e-mails, chats
January 07, 2011

The National Police Agency’s cybercrime unit yesterday said they found evidence that Google illegally collected private data while producing its Street View mapping service.

Last August, police confiscated 79 hard disks at Google’s Seoul office in Yeoksam-dong, southern Seoul. After decoding passwords on the disks, which took several months, “We discovered e-mails and online chats individuals exchanged through [unencrypted] Wi-Fi networks,” said a police official.

The police said they have been investigating 10 Google employees in Korea and in the United States. Similar investigations are taking place in 16 other countries, including the U.S., Canada, Spain, Australia and Germany.

Korea is the first to have found evidence, police said.

Google Street View is a popular feature that offers panoramic views of street scenes in many cities around the world.

Google started collecting street images in Korea since October 2009 by using SUVs equipped with nine cameras.

The photographing did not violate law, but critics have argued that the search engine company does not pay enough attention to privacy issues when it collects mapping data.

“Personnel at Google headquarters who gave the instructions to collect data will be subject to penalty,” police said.

By Song Ji-hye [enational@joongang.co.kr]
Source: LINK

Google Korea Privacy Issues

2011 Trends and Expectations—A Commentary on Korean Global Business

Friday, January 7th, 2011
2011 Trends and Expectations—A Commentary on Korean Global Business

For a full text of the report CLICK HERE

2011 Trends and Expectations—A Commentary on Korean Global Business

Korea Legal.org 2011 Trends and Expectations—An Executive-level Commentary

Monday, January 3rd, 2011
Korea Legal.org 2011 Trends and Expectations—An Executive level Commentary

By Don Southerton, Editor Korea Legal.org

Annually in an executive-level commentary, I share thoughts for the upcoming year. Looking back at 2010, North Korean saber rattling took on new meaning with several overt military confrontations against South Korea. Meanwhile, South Korea’s economy saw little sign of a double dip recession, which had worried some experts going into 2010, instead we saw continued growth in Korea’s global brands. This was further strengthened by the G-20 Summit that showcased, among others, Korean technology leaders Samsung, Hyundai-Kia Motors, and LG.

Related to U.S. and South Korea relations and following an amended agreement for the Korea-U.S. Free Trade Agreement, we should soon see the treaty ratified by Congress. Advocates see the FTA boosting annual commerce between the two nations into the billions of Dollars.

Looking forward to 2011, North Korea will continue to be a concern. Issues include the Kim regime’s succession plans, threats of more border clashes, and an unchecked nuclear arms program. Hoping to address these concerns, we’ll see strong outside diplomatic and political pressure for renewed 6 Way Talks, and to quell future border confrontations. I’ll continue to monitor and share news as it unfolds. Even in a worst-case scenario, Korean global business and local economy would bounce back and move forward, especially since much manufacturing is now done overseas.

Next, building on the momentum of the past 2 years, expect Korea’s export-driven firms to push their organizations to carve out even greater market shares. Look for bold announcements and sales targets such as #1 in global sales or production vs. the older “Top 10” or “Top 5” quest. In this effort, expect top Korean firms to expand their organization through M&A. For some, this breaks from a tradition of building and growing from within vs. acquisitions.

Additionally, as I noted last year, expect more foreign firms to aggressively target South Korea as a top emerging market. In other words, with Korea performing well many global firms and brands once focused on North American or European business partnerships will now seek out Korean opportunities. This will unfold with global businesses looking to launch new product lines (and brands) in Korea, as well as leading international firms offering their services to Korea’s top companies.

For foreign businesses entering the Korean market or partnering with Korean firms, I suggest they take efforts to understand not only the culture, but also business norms and expectations. For example, your key management needs access to coaching and someone to answer their questions on topics ranging from strategy to the impact of routine management changes within their Korean partner’s organization. It’s a small upfront investment and less costly than the consequences, which can include lawsuits, local and expat employee turnover, and months of missed goals and low productivity–not to mention tensions between you and the client over expectations.

Finally, expect further growth in Green technology (wind power, solar, and eCars) and government-led initiatives like “Work Smart.” With regard to Green, most of Korea’s major Groups have boldly entered the renewable and sustainable market and plan to expand sales globally. This includes state of the art manufacturing facilities for wind turbines, solar cells, next generation batteries, and electric power trains.

In the shift to these new technologies, forward-thinking firms are moving towards a creativity-centered organizational and workplace culture. On one level, “Work smart” was introduced in Korea to address the quality of life issues raised by its traditional long working hours. According to a Samsung Economic Research Institute report, “Work smart” will spread in 2011, and has a goal to increase productivity and creativity. Work smart includes not only eliminating unnecessary busy work, but grants autonomy in choosing working hours and gives teams the “work from home” option.

To conclude, understanding the dynamics of Korea’s economy, markets, and major business groups is vital. It is critical to take into consideration Korea’s past and current trends. Culture, global influences, cyber-communication, and a 24-hour workday add to this complexity. Bridging Culture Worldwide is dedicated to providing much needed research, analysis, and critical thinking to provide you with answers and insights 24-7-365.

Korea Legal.org 2011 Trends and Expectations—An Executive level Commentary

Special Report KORUS FTA–An Auto Sector Update

Friday, December 10th, 2010
Special Report KORUS FTA  An Auto Sector Update

By Don Southerton, Editor

Since 2006, BCW has been following the KORUS FTA discussions. As strong supporters of free trade, globalization, and the Hyundai Kia Motor Group and its US operations, we have provided research, numerous updates, and insights to US and Korean leadership. We have maintained an active role in supporting the treaty and US-Korea relations along with maintaining close ties with Koreans and Americans officials and scholars highly involved in KORUS.

Last week, after months of talks, an agreement was reached ( it still needs to be ratified by the U.S.). We provide the following key points. Part 1 includes general terms of the agreement. Part 2 is related to the auto sector, with Part 3 focuses on auto parts.

Part 1.  Pending Congressional Approval

The United States and the Republic of Korea signed the United States-Korea Free Trade Agreement (KORUS FTA) on June 30, 2007. If approved, the Agreement would be the United States’ most commercially significant free trade agreement in more than 16 years.

The U.S. International Trade Commission estimates that the reduction of Korean tariffs and tariff-rate quotas on goods alone would add $10 billion to $12 billion to annual U.S. Gross Domestic Product and around $10 billion to annual merchandise exports to Korea.

Under the FTA, nearly 95 percent of bilateral trade in consumer and industrial products would become duty free within three years of the date the FTA enters into force, and most remaining tariffs would be eliminated within 10 years.

For agricultural products, the FTA would immediately eliminate or phase out tariffs and quotas on a broad range of products, with almost two-thirds (by value) of Korea’s agriculture imports from the United States becoming duty free upon entry into force.

For services, the FTA would provide meaningful market access commitments that extend across virtually all major service sectors, including greater and more secure access for international delivery services and the opening up of the Korean market for foreign legal consulting services.

In the area of financial services, the FTA would increase access to the Korean market and ensure greater transparency and fair treatment for U.S. suppliers of financial services.

The FTA would address non-tariff barriers in a wide range of sectors and includes strong provisions on competition policy, labor and environment, and transparency and regulatory due process.

The KORUS FTA would also provide U.S. suppliers with greater access to the Korean government procurement market. In addition to strengthening our economic partnership, the KORUS FTA would help to solidify the two countries’ long-standing geo-strategic alliance.

As the first U.S. FTA with a North Asian partner, the KORUS FTA could be a model for trade agreements for the rest of the region, and underscore the U.S. commitment to, and engagement in, the Asia-Pacific region.

The Obama Administration will seek to promptly and effectively address the issues surrounding the KORUS FTA, including concerns that have been expressed regarding automotive trade.

Part 2 Auto Sector

The following are the major aspects of the supplementary alterations on auto trade and other issues in the South Korea-U.S. free trade agreement.

1. Automotive safety standards South Korea agreed to soften its auto safety standards for U.S.-made cars. In the previous deal, there was an automatic two-year grace period before U.S. auto manufacturers had to meet any new Korean regulations related to self-certification for safety standards. 

The supplemental agreement allows for 25,000 cars per U.S. automaker – or almost four times the number allowed in the 2007 agreement — to be imported into Korea if they meet U.S. safety standards.

2. Automotive emission standards South Korea will exempt low-volume importers from its ultra low emissions vehicle (ULEV) standard that is scheduled to take effect from 2015. Under the new standard, South Korea will apply tougher efficiency criteria for vehicles, requiring vehicles to reduce their greenhouse gas emissions to 140 grams per kilometer. Under the supplemental agreement, all U.S. autos will be considered compliant with new Korean environmental standards on fuel economy and greenhouse gas emissions, developed since the 2007 agreement, if they achieve 119 percent of the targets in these regulations.

3. Automotive tariffs elimination Under the 2007 agreement, all tariffs on automotives would have been immediately eliminated gradually within three years after the implementation of the accord. The new agreement allows the U.S. to keep its 2.5 percent tariff on autos in place until the fifth year. At the same time, South Korea will immediately cut its tariff on U.S. auto imports in half (from 8 percent to 4 percent), and fully eliminate the tariff in the fifth year.

4. Tariffs on pick-up trucks In 2007, the U.S. agreed to phase out its 25 percent tariff on South Korean trucks in 10 years. But the new agreement allows the U.S. to maintain its tariff until the eighth year and then phase it out by the tenth year.

5. Tariffs on electric cars Under the 2007 agreement, the U.S. and South Korea would have eliminated tariffs on electric cars and plug-in hybrids by 10 years after the implementation of the accord. The new agreement calls for South Korea to immediately reduce its electric car tariffs from 8 percent to 4 percent, and both countries will then phase out their respective tariffs by the fifth year.

6. Special safeguard for automotive industry The previous agreement had no provision on safeguard measures specific to the auto industry. Under the 2010 supplemental agreement, both sides agreed to introduce safeguard measures for motor vehicles.

Part 3, Regarding Auto Parts

BCW sees no changes from the 2007 agreement, “Tariffs would be immediately reduced to zero in each country for auto parts imported from the other.” That said, there are however a few exceptions regarding tires and some plastics.  As soon, as a final agreement is ratified, BCW will provide an itemized list of those items still with tariff restrictions and a timeline for their reduction.

For additional questions, please contact Don Southerton,  dsoutherton@bridgingculture.com 1-310-866-3777

Special Report KORUS FTA  An Auto Sector Update