Posts Tagged ‘KORUS FTA’

Doing Business in Korea–A Recap

Friday, July 22nd, 2011
Doing Business in Korea  A Recap

By Don Southerton, KoreaLegal.org

On Wednesday July 20, 2011 the World Trade Center San Diego hosted an Asia Desk: Korea workshop.

The event centered on opportunities that Korea offered American businesses. I was honored to join KOTRA Trade Commissioner and Director General Won-Sok Yun. Together we shared “why Korea” offered US businesses and especially those in San Diego growth potential. KOTRA provides a number of resources for those doing business in Korea, including resolving disputes.

Doing Business in Korea  A Recap
Director General Won-Sok Yun
Doing Business in Korea  A Recap
Participants represented a wide range of business sectors

For details on the presentation, the WTCSD will be posting a link with the PPTs. ( Check their site).  For more information on doing business in Korea, please contact–Dsoutherton@bridgingculture.com

Doing Business in Korea  A Recap

Time for a KORUS FTA Update

Friday, July 15th, 2011
Time for a KORUS FTA Update

By Don Southerton, KoreaLegal.org Editor

Mid summer and the anticipated  early July target for signing the KORUS FTA has come and gone.  That said, it’s time for an update on both South Korea’s Assembly and the US Congress’ review of the treaty.

South Korea Update:  Senior lawmakers of the ruling party reiterated Monday that they would push for the ratification of the Korea-U.S. free trade agreement (KORUS FTA) during the August session of the National Assembly. 
“We are aiming to pass the FTA bill by the end of next month,” Rep. Hwang Woo-yeo, floor leader of the Grand National Party (GNP), said.

The four-term lawmaker dispelled growing concerns that the conservative party may use its majority status to ram through the contentious bill without proper deliberations with the opposition. 

The GNP, which controls 169 seats in the 299-member unicameral legislature, has unilaterally endorsed a number of major bills after physical clashes with rival parties, including budget proposals and an FTA with the European Union. 

When asked what his party would do if opposition parties forcibly block the passage of the trade pact, Hwang replied that his party will likely stick with the democratic process while it also remains pending in the U.S. Congress. 

“So long as Washington does not ram the trade deal through the Congress, the GNP will handle the matter through dialogue and negotiations with opposition parties,” he said. 

GNP spokeswoman Rep. Bae Eun-hee also noted that the GNP reaffirmed its position that it will push for the passage of the KORUS FTA at a joint workshop of the party’s Supreme Council and policy committee on Sunday. 

Last Wednesday, Hwang and the GNP’s new Chairman Hong Joon-pyo expressed their support for a prompt ratification of the much-delayed trade deal at a meeting with presidential chief of staff Yim Tae-hee. 

The FTA was signed in 2007, but the government’s move to get the bill ratified has been blocked partly because of strong objections from the main opposition Democratic Party (DP) and the country’s farming industry.

However, Chairman Hong, who is known as a strong advocator of the FTA, hinted that the GNP may have to risk a physical showdown with rival parties, suggesting a division within the ruling block. 

Hong reportedly said the GNP has no reason to hesitate in using its majority status to approve the bill as recent polls show some 65 percent of the public support the deal. 

Business experts forecast that once implemented, the KORUS FTA may increase the country’s gross domestic product (GDP) by 6 percent over the next decade. 

They claim that the bilateral deal could create as many as 34,000 jobs a year.

The fate of the deal, however, remains uncertain as the DP insists on renegotiations with Washington. 

Meanwhile, the GNP has announced that it will push the passage of a bill that calls for stricter aid distribution monitoring in North Korea and financial aid to non-governmental organizations that keep records of human rights abuses in the communist country.

Source: Korea Times

U.S. Update: President Barack Obama will soon send a free trade pact with South Korea to Congress for approval despite Republican threats to vote against it because of a retraining program for workers displaced by trade, White House Chief of Staff Bill Daley said on Thursday.

“There is no time to waste fighting politics as usual,” Daley said in a speech at the U.S. Chamber of Commerce to the U.S.-Korea Business Council. “If we do not act before the August recess, American business will suffer.”

Obama faces a showdown with Republicans over his insistence that an extension of the nearly 50-year-old Trade Adjustment Assistance (TAA) retraining program be passed along with the Korea pact and two other pending free trade agreements with Colombia and Panama.

Republicans have objected to Obama’s plan to insert the TAA program into the implementing bill for the South Korea agreement, insisting that lawmakers be allowed to vote separately on the TAA and the trade pact.

The White House believes both could pass separately.

However, Daley said Republicans have yet to offer a “credible” plan that would prevent TAA opponents from blocking a vote on the program, which Democrats see as a vital safety net and many Republicans view as ineffective.

“We can no longer wait. If there’s no agreement on an alternative approach in the very near future, we will move forward to seek passage of the FTA (Free Trade Agreement) with TAA” included, Daley told the audience of U.S. and Korean business officials.

Daley said the White House expects the Korea agreement “to create or support 70,000 American jobs” through tariff cuts that will open the South Korean market to more U.S. exports.

Congress must act soon because a rival deal struck by the European Union with South Korea went into force on July 1, threatening U.S. market share in the longtime ally, he said.

Senate Republican Leader Mitch McConnell has said he would vote against the Korean agreement if TAA is included in the implementing legislation for the deal.

AMERICAN JOBS ON THE LINE

But most business leaders recognize an extension of TAA has to be part of the mix, and don’t believe it is worth holding the agreement up over the issue.

“We can’t let differences over processes and procedures hold back these agreements any longer. American jobs and American standing in the world are on the line,” said U.S. Chamber of Commerce President Thomas Donohue.

The deal was originally negotiated during the administration of former President George W. Bush and business groups have been waiting four years for it to become law.

“We’ve seen first hand what these free trade agreements do after implementation,” said Mike Ducker, chief operating officer of FedEx Express, a division of FedEx.

“Not only does it create new commercial opportunities for our customers and greater demand for our services, it allows us to continue growing our operations and our work force around the world,” Ducker told Reuters in an interview.

Critics, including the AFL-CIO labor federation and Public Citizen’s Global Trade Watch, say tradedeals endanger U.S. jobs by cutting U.S. tariffs and encouraging companies to move their operations overseas.

A study by the left-leaning Economic Policy Institute says the Korean trade agreement could displace about 159,000 American jobs over seven years.

But Harrison Cook, vice president of international government affairs for Eli Lilly and Company, said the rival EU-South Korea agreement puts U.S. pharmaceutical companies at a disadvantage in a major market.

“All those tariff preferences are going to go to our Europeans competitors, not to us. That’s a significant consideration in this sector, where you do long-term contracting,” Cook told Reuters in an interview.

Source: Reuters

Time for a KORUS FTA Update

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

KORUS FTA Stalled, Again?

Saturday, May 28th, 2011
KORUS FTA Stalled, Again?

By Don Southerton, KoreaLegal.org Editor

Readers of KoreaLegal.org might be wondering what’s stalling the long in coming KORUS FTA. The free trade agreement between Korea and the U.S. seems stalled, again. Hopes were it would be approved before Congress’ July recess. Plans also called for the KORUS FTA not being tied to other pending FTAs. Both efforts appear to have failed.

WSJ notes:

WASHINGTON—The centerpiece of the American trade agenda—a trio of international trade pacts worth $13 billion in new U.S. exports—is in peril as Democrats and Republicans battle over a program that provides aid to U.S. workers.

The dispute over the future of the 50-year-old Trade Adjustment Assistance program, which provides benefits to American workers displaced by foreign competition, is putting pending free-trade pacts with South Korea, Colombia and Panama in jeopardy by pulling them into the contentious debate over federal spending.

The Obama administration and Democrats in Congress want the TAA program renewed. Some Republicans question its value and say it should be scaled back to narrow the deficit.

The delay caused by the congressional sparring means it is now virtually impossible to pass the South Korea agreement before a trade pact between Korea and the European Union takes effect July 1. That will put a wide range of U.S. industries at a competitive disadvantage.

Just a few weeks ago, the administration saw the TAA battle as surmountable. Now, unless lawmakers reach consensus soon, the trade pacts won’t pass before the August recess, congressional aides say. After that, chances of passage grow slimmer as the 2012 election nears and lawmakers avoid controversial votes.

“We’re fighting like hell because if the vote doesn’t happen by the recess, we risk it not happening in the fall,” said Christopher Wenk, senior director for international policy at the U.S. Chamber of Commerce. On Thursday, scores of business leaders visited all 100 senators to lobby for the agreements, and they plan to call on each House member in coming days.

Republicans say the administration should move forward on the trade deals and set the TAA dispute aside for later. “Why hold up three agreements that are going to create all kinds of jobs?” said Sen. Orrin Hatch of Utah, the top Republican on the Senate Finance Committee.

“We have a duty to help American workers meet the challenge of global competition,” said the panel’s chairman, Sen. Max Baucus (D. Mont.), during a Thursday hearing on the U.S.-Korea Free Trade Agreement.

The standoff comes as other nations race to forge trade pacts with nations that are the U.S.’s chief commercial rivals.

In addition to the EU’s impending pact with Korea, a Colombia-Canada pact will enter force before the U.S.’s agreement with Bogota.In Senate testimony last week, Deputy U.S. Trade Representative Demetrios Marantis told the Finance Committee that delays in passing the agreements meant U.S. exporters would lose market share to rival nations.

The three pending trade pacts are the backbone of President Barack Obama’s plan to help businesses double U.S. exports by the end of 2015. Demand from markets abroad has helped support the U.S. economy—and employment—as consumers remain cautious. Exports contributed 1.16 percentage points to growth in the first quarter, when the economy expanded at a 1.8% annual rate.

The Korea deal, worth $11 billion in new U.S. exports, would immediately eliminate Korean tariffs on nearly two-thirds of U.S. farm products, from corn to wheat. U.S. beef exports to Korea would more than double, from to $1.8 billion from $600 million. It would eliminate a 15% Korean tariff on U.S. wine and afford U.S. financial services firms the same legal status as Korean firms.

The TAA program has been backed by both parties since the Kennedy administration, justified as a necessary price to induce lawmakers from industrial regions to support trade-opening legislation.

It provides training, extended unemployment benefits and health-care subsidies for workers idled when trade pacts shift jobs overseas.

But this year, TAA came up for renewal in the teeth of a polarized budget fight. It expired in February after a proposal to renew it failed in the House.

Two weeks ago, White House trade officials took a tough line, saying the president will not submit the finalized trade agreements to a vote until Republicans strike a deal on renewing TAA.

Republicans say the TAA is a sop to organized labor, and its merits don’t justify its inclusion in an already-bloated budget. GOP lawmakers say the program’s budget was swollen by the stimulus and point to past Government Accountability Office studies that question its implementation.

The program, they say, should be scaled back, although as an entitlement, by law it can’t be eliminated altogether.

“Politicians used to use TAA to buy votes for trade agreements, and now they’re holding the trade agreements hostage so they can get the expanded welfare program,” said Sallie James, trade policy analyst at the conservative Cato Institute.

Democrats say the program has grown increasingly important as more companies move jobs overseas, and point to Labor Department figures showing that the program’s size hasn’t changed substantially since before the 2009 stimulus.

In 2002, the program was expanded to include workers whose jobs were lost due to outsourcing in addition to those affected by increased imports. In that year, TAA went to 50,000 people at a cost of $500 million. In 2008, the year before the stimulus, the program cost $916 million. Last year, TAA cost $975 million and 234,000 workers participated.

Leaders of both parties say they’re confident they’ll reach a compromise, but a deal has yet to take shape.

Sarah Thorn, senior director of government relations for Wal-Mart Stores, Inc., said business leaders’ efforts to push the two parties together have so far led to frustration.

“Trade agreements have always moved in tandem with TAA—it’s part of the bargain on trade,” she said.

The Korea, Colombia and Panama agreements have been stalled for four years. The repeated delays underscore the difficulty experienced by every administration in overcoming the public skepticism and political roadblocks that have made the U.S. a global laggard on trade. Of the 202 regional trade agreements ever registered with the World Trade Organization, the U.S. accounts for only 11.

Meanwhile, rival nations are moving faster to forge global partnerships that open fast-growing markets for their exporters, and offer subsidies and rules that give their national champions an edge.

Source : The Wall Street Journal

KORUS FTA Stalled, Again?

International Law Firms Plan South Korea Launch

Sunday, March 27th, 2011
International Law Firms Plan South Korea Launch

By Don Southerton, KoreaLegal.org

A few weeks ago a lawyer from a top Washington, DC law firm contacted me about the KORUS FTA and the opening of Korea to global legal firms.  I  feel many international law firms are looking at the Korean market.  It will be smart for them to get lots of local support, and more important develop a sound strategy for market entry. I can help.

Here as recent PR announcing law firm Clifford Chance’s plans of entering the Korean market.

Clifford Chance (CC) looks set to become the first leading City firm to open an office in South Korea, with the firm planning to launch after the country’s legal market is opened up to foreign law firms this summer.

The firm is one of a number of the UK top 10 looking at the region in the wake of a free trade agreement (FTA) between Europe and South Korea that was approved by the European Parliament last month (17 February).

The long-awaited agreement, initially signed at the EU-South Korea summit in Brussels in October last year, sets out a timescale for foreign law firms to open in the market, with international firms to be able to open representative offices from July, once the agreement is ratified.

CC confirmed that it is planning to open in the country, Asia’s fourth-largest economy, once the market is liberalised, with other firms including DLA Piper and Allen & Overy (A&O) in earlier stages of evaluating the market.

CC Asia head Peter Charlton (pictured) said: “We have ambitious plans for growth in Asia and Korea is an important part of that strategy. We welcome the recent legal liberalisation and are working towards having a suitable presence in the country at the first available opportunity.”

Under the terms of the FTA and legislation set out by the South Korean Government, liberalisation is set to happen over three stages.

From July, EU-based law firms will be able to open representative offices in South Korea to advise on non-Korean law. By July 2013 firms will have the right to enter into co-operative agreements with Korean firms and advise on legal issues involving a mixture of domestic and foreign law. By July 2016, EU firms will be able to invest in local firms and hire Korean lawyers.

A&O Asia managing partner Thomas Brown said: “Korea is a very important market in Asia and we are looking at it very seriously, but we haven’t made a decision either way as yet.

“We already have a very healthy South Korea practice and any presence on the ground would help us build on what we already do – especially as we won’t be able to practise local law. So our focus would remain on the international law elements of deals involving South Korea.”

Other firms exploring the market include DLA Piper, where Asia managing director Alastair Da Costa said: “We are very interested in the market, having a thriving Korea practice with lawyers in Tokyo, Hong Kong, London and the US. Korea fits as a geography with our strategic framework and we are keen to explore what we can do to strengthen our position in that market.”

Firms ruling out entering the market in the near-term include Ashurst, Eversheds, Linklaters and Freshfields Bruckhaus Deringer.

Freshfields Asia managing partner Robert Ashworth said: “There are increasing signs of cross-border activity and a renewed confidence of Korean corporates to pursue overseas projects work and acquisitions. The long-awaited liberalisation of the legal market will facilitate this process and I would not be surprised to see law firms from the EU taking advantage of the FTA to open offices. We are continuing to develop our successful offshore Korean practice but I do not anticipate our having a formal presence in Korea in the near term.”

The US signed an FTA with South Korea in June 2007 that so far has yet to be ratified by either government, with several US firms looking at the region in anticipation of the FTA’s ratification.

Source: LINK

International Law Firms Plan South Korea Launch

KORUS FTA Update: Auto Sector Documents Exchanged

Friday, February 11th, 2011
KORUS FTA Update: Auto Sector Documents Exchanged

By Don Southerton, Editor KoreaLegal.org

We seen more progress this week on the KORUS FTA. Along with US Trade Representative Ron Kirk testifying before the Senate’s Ways and Mean Committee, but documents were exchanged between both governments.

DATE: Thursday, February 10, 2011

On February 10, 2011, the United States and Korea exchanged the legal texts – signed by U.S. TradeRepresentative Ron Kirk and Korean Trade Minister Kim Jong-Hoon – reflecting the agreement they concluded on December 3, 2010 to set the stage for Congressional consideration of KORUS.

The signed texts consist of three documents: (1) an exchange of letters between Ambassador Kirk and Minister Kim containing new commitments for the automotive sector, (2) agreed minutes on regulations pertaining to automotive fuel economy and greenhouse gas emissions, and (3) agreed minutes on intracompany transferee (L-1) visas.  USTR has posted the texts on its web site at the following links:

- Exchange of Letters between U.S. Trade Representative Ron Kirk and Korean Trade Minister Kim Jong-Hoon (includes English translation)

Agreed Minutes on regulations pertaining to automotive fuel economy and greenhouse gas emissions

Agreed Minutes on intracompany transferee (L-1) visas

###

Source: U.S.-Korea FTA Business Coalition


KORUS FTA Update: Auto Sector Documents Exchanged

KORUS FTA Update

Saturday, January 22nd, 2011
KORUS FTA Update

By Don Southerton, Editor KoreaLegal.org

Following the latest news on KORUS FTA, it looks like treaty might be presented to the U.S. Senate by July 2011.

That said, what specifcally still needs to occur?…

The President may form and negotiate a treaty, but the treaty must be advised and consented to by a 2/3 vote in the Senate. Only after the Senate approves the treaty can the President ratify it.

KORUS FTA Update

U.S. Eyes Korea Trade Deal Approval by July–Kirk

WASHINGTON, Jan 13 – President Barack Obama’s administration hopes to win congressional approval of a free trade agreement with South Korea before July, U.S. Trade Representative Ron Kirk said on Thursday.

“Everything we’re doing in terms of finalizing the text with Korea, working with committees is with that July 1 goal in mind,” Kirk said during a discussion on the pact hosted by Third Way, a Washington-based policy group.

The July 1 date is key because that’s when a rival trade agreement between South Korea and the European Union takes force, Kirk told the group.

The administration also supports approval of two other free trade agreements with Colombia and Panama, but it would “be a huge mistake to try to force all of the trade agreements into one lump vote with Korea,” Kirk said.

Each agreement has its own challenges and should be considered separately, he said.

Kirk indicated Obama would talk about his plans for the three trade agreements in his annual State of the Union speech on January 25.

South Korean Ambassador Han Duk-soo urged the administration to send the deal to Congress “as soon as possible” so U.S. farmers and businesses will not be put at a competitive disadvantage when the EU pact took force.

The pact with South Korea is the biggest of three trade agreements negotiated by the administration of former President George W. Bush but which have stalled in Congress because of strong opposition from Democrats.

Late last year, the Obama administration renegotiated the auto provisions of the agreement to win the support of the United Auto Workers labor union and Ford Motor Co <F.N>, which previously had opposed the pact.

Those changes mean winning approval of the pact will no longer be as “horribly difficult” as it once was, but it will still face stiff opposition in Congress, Kirk said.

“We believe we can get it done,” Kirk said.

Republicans want votes this year on all three pending agreements, but many Democrats are still resisting action on the pact with Colombia because of concern about a history of anti-union violence in that country.

That has clouded prospects for the Panama agreement, since it is considered unlikely Obama would submit that agreement to Congress without also sending the Colombian pact.

The U.S. International Trade Commission estimated in 2007 that the Korean agreement would boost U.S. exports by about $10 billion to $11 billion annually, while increasing imports from that country by about $6.5 billion to $7.0 billion.

A wide swath of U.S. farm, manufacturing and service industry groups support the agreement. But the AFL-CIO, the country’s main labor organization, remains opposed to it.

Both Han and Kirk touted the economic benefits of the pact, which they said would support jobs in both countries.

The United States will gain more in the short-term from market-opening commitments since it already has lower tariffs than South Korea, Han said.

But Seoul sees the pact as key to its long-term prosperity because it locks the country into a comprehensive package of economic reforms, Han said.

Approval would also send the region an important geopolitical signal that the United States intends to remain engaged, Ha

KORUS FTA Update

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

G20, KORUS FTA, and Looted Books

Sunday, November 14th, 2010
G20, KORUS FTA, and Looted Books

By Don Southerton, Editor

I’m still pondering on results of the G-20 Summit in Korea. At some level, it showcases South Korea’s economic successes. No doubt many were be pleased at Seoul’s trendy and sophisticated global business, retail, and Green urban centers.

That said, we see few fruits from the side meetings. Most important, despite strong expectations little moved forward on the KORUS FTA. I do not see this as a lack of commitment by both nations and their leaders—but some powerful forces ( i.e. pressure from Ford and US Labor Unions) at work.

Some issues were resolved… like a longstanding demand by Korea for books looted by the French in the 1860s.

G20, KORUS FTA, and Looted Books
One of the Uigwe books that was stored at Gwanghwa Island’s royal library before the French invasion. (Yonhap)

Koreans welcome French decision to return looted books, some with bitterness

By Kim Hyun
SEOUL, Nov. 12 (Yonhap) — France’s agreement on Friday to essentially return looted Korean royal books was received as one of the highest diplomatic feats host South Korea achieved during the G-20 summit, although the deal fell short of satisfying everyone here.

Reactions varied as French President Nicolas Sarkozy announced a five-year renewable lease scheme for the 297 Uigwe books, taken during the 19th-century French invasion of Korea and now preserved at the National Library of France.

Coming after a long tug of war, the agreement means much to Korea. It clears the shameful historic legacy the waning Joseon Dynasty left in its first armed encounter with a western power in 1866, and above all, the decision by France sets a shining precedent to other countries holding hundreds of thousands of stolen Korean artifacts.

“It (the lease) means the virtual return of the books, of course we have to receive them,” Yi Tae-jin, head of the National Institute of Korean History, a state body that sets guidelines for Korean history education, said.

Yi, a long-time activist who made efforts to have the books returned, recalled a disappointing 1993 visit by then French President Francois Mitterrand. The French leader gave back one of the books when France was bidding to sell its high-speed train technology to South Korea. France won the bid, but there was no follow-up on the artifact.

“When President Mitterrand said the books would be returned, I was impressed and thought France was really a cultural powerhouse, but it was a real disappointment,” Yi said. “Now France deserves to be called a cultural powerhouse.”

Uigwe books are unique Korean heritage documents now listed on the UNESCO Memory of the World Register. The royal manuscripts recorded and illustrated all of the rituals, formalities and daily routines of the royal court during the Joseon Dynasty. Historians say that such thorough royal recordings do not exist in China, Japan, or any other Asian countries.

After decades-long wrangling, the Korean and French leaders settled on rather neutral terms. Bound by the domestic law against any permanent transfer of national properties, Sarkozy committed to the handover in the form of a “lease” and promised it will be rolled over every five years.

South Korean President Lee Myung-bak took the French decision as the permanent, “virtual return” of the books.

But the term “lease” was disappointing for those who have fought for an official, permanent return.

“It’s really sad,” Park Byeong-sen, a respected librarian, said.

It was Park who discovered the books that were mistakenly classified as Chinese at a Versailles annex of the French library in 1975. The 85-year-old scholar, now in Paris, believes Seoul should have insisted on its proprietorship of the manuscripts, although that could have further delayed their actual return.

“Does it make any sense to borrow properties from those who have stolen them?” she asked.

For a civic group, the deal dashed hopes for a legal solution. The Seoul-based Cultural Action was waiting for a ruling from a Paris appellate court on the Uigwe handover. In a December ruling last year, a French administrative court acknowledged for the first time that the Korean books were stolen but said they could not be returned as they were now French property.

“The lease deal throws cold water on many campaigns to get Korean artifacts back,” Hwang Pyung-woo, a representative of the civic group, said. “We will nevertheless go ahead with our lawsuit.”

Still, many believe the French decision could help set off more returns of stolen artifacts. The Japanese government already pledged to return 1,205 Uigwe books it has been holding at the Imperial Household Agency in Tokyo. The commitment came in August on the 100th anniversary of Japanese annexation of Korea.

The Cultural Heritage Administration of Korea believes more than 61,400 Korean cultural artifacts were taken away during Japanese invasions or colonial rule. The figure may exceed 300,000, it says, if those that are privately owned are counted.

For most artifacts taken to countries other than Japan, there is no way of even locating them.

Park Sang-guk, a noted art historian and head of the non-governmental Korea Heritage Institute in Seoul, welcomed the French decision as a step toward more repatriation of Korean heritage.

“Regardless of the method of the return, we have to take it positively and receive them,” Park said. “It’s a long-awaited piece of news, a grateful one.”

G20, KORUS FTA, and Looted Books

Google, Facebook, FTA, and South Korea

Saturday, September 11th, 2010
Google, Facebook, FTA, and South Korea

By Don Southerton, Korea Legal.org Editor
For some time Korea Legal has been following the long-pending KORUS FTA ( Korea- US Free Trade Agreement). We predict it will be enacted in 2011. One outcome will be expanded trade between the US and Korea. As we have noted in Korea Legal.org other barriers will be removed including some limiting legal services. One area often overlooked is Internet-related as shared in this WSJ Digital Network article.

Google Exec Calls Internet Censorship A Trade Barrier
SAN FRANCISCO (Dow Jones)–Google Inc. (GOOG) Chief Legal Officer David Drummond urged the U.S. government to treat Internet censorship as a “trade barrier” because it prevents the search giant and other Web companies from accessing foreign markets.

Drummond said Google is seeing an “alarming increase” in governments around the world censoring the Web, and he called on the U.S. government to treat the issue much as it would if a foreign nation was blocking the trade of physical goods.

“If this was happening with physical trade, we’d all be saying this violates trade agreements,” he said. “If you want to be part of the community of free trade, you have to let the Internet be open.”

Drummond said barriers take several forms, such as blocking access to Google’s YouTube video service or by imposing licensing requirements that stipulate the company must install servers within a country in order to create a “local presence”–a definition that subjects content on those servers to local laws.

The majority of Google’s Web searches, as well as just over half its revenue, come from markets outside the U.S.

Drummond made his comments during a panel about trade and jobs in the technology sector. The panel, which was held at Google’s Mountain View, Calif., headquarters, also included U.S. Trade Representative Ron Kirk.

Kirk, who was in Silicon Valley to solicit input from technology companies, said trade has to be a “critical pillar” of President Barack Obama’s economic policy because companies can put Americans back to work by accessing foreign markets.

He also said the U.S. has “gotta move” on pending free-trade agreements with countries including South Korea, Panama and Colombia.

Other panelists, such as Gregg Alton, executive vice president of biotech group Gilead Sciences Inc. (GILD), pointed to the protection of intellectual property as a key trade concern.

Facebook Inc. global communications vice president Elliot Schrage largely echoed Drummond’s comments, noting the European community, Turkey, Australia and Vietnam are among those that block or filter content, or otherwise prevent Web companies from delivering their services to consumers.

“It would be a mistake to think the Internet faces its only challenge in China,” said Schrage.

Schrage added that the mission of companies like Google and Facebook, which is to democratize the access to information, advances a key foreign-policy goal of the U.S. government.

Source: Scott Morrison, Dow Jones Newswires; 415-765-6118; scott.morrison@dowjones.com

Google, Facebook, FTA, and South Korea