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ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON INTERNATIONAL DEVELOPMENT COOPERATION

Presidential Decree No. 22296, Jul. 21, 2010

Amended by Presidential Decree No. 23229, Oct. 17, 2011

Presidential Decree No. 24429, Mar. 23, 2013

Presidential Decree No. 25751, Nov. 19, 2014

Presidential Decree No. 28211, Jul. 26, 2017

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Framework Act on International Development Cooperation and matters necessary for enforcing the same.
 Article 2 (Organization of Committee for International Development Cooperation)
(1) “The heads of central administrative agencies, heads of related agencies or organizations determined by Presidential Decree” under Article 7 (3) of the Framework Act on International Development Cooperation (hereinafter referred to as the “Act”) means the following persons: <Amended by Presidential Decree No. 24429, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017>
1. The Minister of Education;
2. The Minister of Science and ICT;
3. The Minister of Justice;
4. The Minister of the Interior and Safety;
5. The Minister of Culture, Sports and Tourism;
6. The Minister of Agriculture, Food and Rural Affairs;
7. The Minister of Trade, Industry and Energy;
8. The Minister of Health and Welfare;
9. The Minister of Environment;
10. The Minister of Employment and Labor;
11. The Minister of Gender Equality and Family;
12. The Minister of Land, Infrastructure and Transport;
13. The chairman of the Export-Import Bank of Korea prescribed in the Export-Import Bank of Korea Act;
14. The president of the Korea International Cooperation Agency prescribed in the Korea International Cooperation Agency Act.
(2) The term of office of appointed members with abundant knowledge and experience (hereinafter referred to as “nongovernmental member”) from among members of the Committee for International Development Cooperation prescribed in Article 7 of the Act (hereinafter referred to as “Committee”) shall be seven years: Provided, That the term of office of a member newly appointed following a vacancy by a nongovernmental member shall be the remaining term of office of his/her predecessor.
 Article 3 (Operation of Committee)
(1) The Chairperson of the Committee shall represent, and take charge of the duties of, the Committee.
(2) Where the Chairperson is unable to perform duties due to extenuating circumstances, a member predesignated by the Chairperson shall perform the duties on behalf of the Chairperson.
(3) The Chairperson of the Committee shall call and preside over Committee meetings.
(4) Where agencies supervising international development cooperation prescribed in Article 9 (hereinafter referred to as "supervising agency") deem that the Committee is required to deliberate on and coordinate matters, it may request the Chairperson to call a meeting.
(5) A quorum for Committee meetings shall be a majority of members on the register, and a resolution is passed when a majority of members present vote for it.
(6) The Chairperson of the Committee may have the heads of relevant central administrative agencies, local governments or public institutions (referring to the public institutions prescribed in Article 4 of the Act on the Management of Public Institutions), public officials, executives or employees belonging to such agencies, etc. or relevant specialists attend a meeting; and shall hear their opinions, if he/she deems it necessary for deliberation by the Committee.
 Article 4 (Organization and Operation of Working Committee)
(1) The working committee of international development cooperation prescribed in Article 7 (6) of the Act (hereinafter referred to as “working committee”) shall consist of not more than 25 members including a Chairperson and an executive secretary.
(2) Each of the following persons shall be members of the working committee:
1. Persons from among public officials in the Senior Executive Service in an agency to which members (excluding nongovernmental members) of the Committee belong or public officials or executives corresponding thereto, designated by the head of the agency;
2. Persons commissioned by the Chairperson of the Committee, from among persons with abundant knowledge and experience in international development cooperation.
(3) A public official belonging to the Office for Government Policy Coordination from among members of the working committee shall fill the executive secretary position of the working committee. <Amended by Presidential Decree No. 24429, Mar. 23, 2013>
(4) Article 2 (2) and Article 3 shall apply mutatis mutandis to the term of office of members prescribed in paragraph (2) 2 and to the operation of the working committee, respectively. In such cases, “Committee” shall be deemed “working committee."
 Article 5 (Establishing Nongovernmental Advisory Committee)
(1) The nongovernmental advisory committee prescribed in Article 7 (7) of the Act (hereinafter referred to as “nongovernmental advisory committee”) shall consist of not more than 30 members including a chairperson.
(2) The membership of the nongovernmental advisory committee shall be filled by persons entrusted by the Chairperson of the Committee from among specialists from the academic world, research institutes, nongovernmental organizations and other organizations.
(3) The chairperson of the nongovernmental advisory committee shall be designated by the Chairperson of the Committee from among members of the nongovernmental advisory committee.
(4) The term of office of members of the nongovernmental advisory committee shall be two years.
 Article 6 (Allowances, etc.)
Members, related persons, specialists, etc. who attend a meeting of the Committee, the working committee, the nongovernmental advisory committee or the international development cooperation evaluation subcommittee prescribed in Article 12 may be paid allowances, and reimbursed travel expenses and other expenses within budgetary limits: Provided, That where a member who is a public official attends a meeting with direct regard to his/her duties, this shall not apply.
 Article 7 (Detailed Operational Rules)
In addition to the matters prescribed by this Decree, matters necessary for the operation of the Committee, the working committee and the nongovernmental advisory committee shall be determined by the Chairperson following deliberation by the Committee.
 Article 8 (Procedures for Formulating Master Plans)
(1) Every five years, the Committee shall prepare guidelines specifying the details, formulating methods, timing for submitting, etc. a draft master plan for international development cooperation by field under Article 8 (1) of the Act (hereinafter referred to as “draft master plan by field), and notify the supervising agency thereof. The same shall apply where the Committee intends to revise a master plan pursuant to Article 8 (4) of the Act.
(2) The supervising agency shall prepare a draft master plan by field according to the guidelines prescribed in paragraph (1) in consultation with an implementing agency.
(3) “Important matter prescribed by Presidential Decree” under Article 8 (5) of the Act means the following matters: <Newly Inserted by Presidential Decree No. 23229, Oct. 17, 2011>
1. The scale of international development cooperation prescribed in Article 8 (2) 2 of the Act;
2. Mid-term strategies to support priority partner countries prescribed in Article 8 (2) 3 of the Act;
3. Matters deemed important by the Committee, from among the matters included in a master plan for international development cooperation pursuant to Article 8 (2) of the Act.
 Article 9 (Procedures for Formulating Implementation Plans)
(1) A supervising agency shall prepare guidelines specifying the details, formulating methods, timing for submitting, etc. an implementation plan for international development cooperation prescribed in Article 11 (1) of the Act (hereinafter referred to as “implementation plan); and shall notify the implementing agency thereof by no later than the end of February of each year.
(2) When a supervising agency prepares guidelines prescribed in paragraph (1), it shall first hear opinions of an implementing agency and consult with the executive secretary of the Committee.
(3) An implementing agency shall formulate an implementation plan for the following year according to the guidelines prescribed in paragraph (1), and shall submit it to the supervising agency by no later than May 31 of each year.
(4) Deleted. <by Presidential Decree No. 23229, Oct. 17, 2011>
(5) When a supervising agency deems it necessary in formulating a draft annual comprehensive implementation plan for international development cooperation by field under Article 11 (3) of the Act, it may request an implementing agency to submit necessary data. <Amended by Presidential Decree No. 23229, Oct. 17, 2011>
(6) After finalizing an annual comprehensive implementation plan for international development cooperation after the working committee and the Committee conduct deliberation and coordination, the Committee shall notify the supervising agency and the implementing agency thereof by no later than December 31 of each year. <Amended by Presidential Decree No. 23229, Oct. 17, 2011>
 Article 10 (Procedures for Selecting Priority Partner Countries)
(1) A supervising agency may submit its opinion on the standards for selection, scope of countries qualified as a priority partner country, etc. necessary for selecting priority partner countries pursuant to Article 12 (1) of the Act to the Committee.
(2) If the Committee deems it necessary or an implementing agency makes a request, the Committee may change a priority partner country selected pursuant to Article 12 (1) of the Act or adjust the scope after deliberation by the Committee.
 Article 11 (Standards and Methods for Evaluation)
(1) Policies relating to international development cooperation and the results of promotion of projects prescribed in Article 13 (1) of the Act, shall be evaluated on the basis of appropriateness, efficiency, effectiveness, impact and sustainability.
(2) International development cooperation may be evaluated by an implementing agency on its own, by a third-party who is an outside specialist or jointly with priority partner countries or other assisting institutions, etc.
(3) In the course of evaluating international development cooperation, the Committee shall hear opinions of the governments and people of priority partner countries, and diplomatic missions abroad having jurisdiction thereover (referring to the diplomatic missions abroad under the Act on the Establishment of Diplomatic Missions Abroad of the Republic of Korea).
 Article 12 (Evaluation Subcommittee)
(1) In order to efficiently evaluate international development cooperation, the Committee may establish a subcommittee for evaluation of international development cooperation (hereinafter referred to as “evaluation subcommittee”) in the Committee.
(2) Matters necessary for establishing and operating an evaluation subcommittee shall be determined by the Chairperson after deliberation by the Committee.
 Article 13 (Disclosure of Information)
Pursuant to Article 15 (2) of the Act, the State, local governments and implementing agencies shall disclose the following information by various means, such as web-sites, press releases, etc.: Provided, That they need not disclose it where any information is likely to harm national interest with regard to diplomatic relations, etc.:
1. Important matters among the results of deliberation and coordination by the Committee prescribed in Article 7 (5) of the Act;
2. Results of evaluation of international development cooperation prescribed in Article 13 of the Act;
3. Matters concerning support for nongovernmental organizations for international development cooperation, etc. prescribed in Article 14 of the Act;
4. Other information on the major policies and statistics relating to international development cooperation.
 Article 14 (Submission of Statistical Data)
(1) Pursuant to Article 18 (1) of the Act, an institute designated by the Committee with regard to statistical data on international development cooperation (hereinafter referred to as “statistical institute”) shall annually prepare guidelines specifying the methods of submitting statistical data on international development cooperation, timing for submitting, etc. and shall notify implementing agencies thereof.
(2) When a statistical institute prepares guidelines prescribed in paragraph (1), it shall preconsult with a supervising agency.
 Article 15 (Consultative Body)
(1) In order to efficiently promote international development cooperation, a supervising agency may establish and operate a consultative body comprised of relevant implementing agencies.
(2) Matters necessary for establishing and operating the consultative body prescribed in paragraph (1) shall be determined by a supervising agency.
(3) In order to participate in the international development cooperation projects implemented in a priority partner country under jurisdiction and to give support thereto pursuant to Article 19 of the Act, a diplomatic mission abroad shall organize and operate a local consultative body chaired by the head of the diplomatic mission abroad and participated by resident employees of implementing agencies, etc.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on July 26, 2010.
Article 2 (Repeal of other Statutes)
The Regulations on Official Development Assistance shall be hereby repealed.
ADDENDUM <Presidential Decree No. 23229, Oct. 17, 2011>
This Decree shall enter into force on October 26 2011.
ADDENDA <Presidential Decree No. 24429, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of a Presidential Decree promulgated before this Decree enters into force, but the date when they enter into force has not yet arrived, from among Presidential Decrees amended pursuant of Article 5 of Addenda shall enter into force on the date respective Presidential Decree enters into force.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of a Presidential Decree promulgated before this Decree enters into force, but the date when they enter into force has not yet arrived, from among Presidential Decrees amended pursuant to Article 8 of Addenda, shall enter into force on the date respective Presidential Decree enters into force.
Articles 2 through 8 Omitted.