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ENFORCEMENT DECREE OF THE ACT ON THE CONCLUSION PROCEDURE AND IMPLEMENTATION OF COMMERCIAL TREATIES

Presidential Decree No. 23953, Jul. 17, 2012

Amended by Presidential Decree No. 24424, Mar. 23, 2013

Presidential Decree No. 26703, Dec. 10, 2015

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Act on the Conclusion Procedure and Implementation of Commercial Treaties and other matters necessary for the enforcement thereof.
 Article 2 (Cycle of Evaluating Status of Implementation of Commerce Treaties)
(1) The evaluation of the status of implementation of a commerce treaty under Article 15 of the Act on the Conclusion Procedure and Implementation of Commercial Treaties (hereinafter referred to as the “Act”) shall be conducted every five years after the commerce treaty enters into force.
(2) Notwithstanding paragraph (1), the Minister of Trade, Industry and Energy may conduct further evaluation whenever deemed necessary in consideration of the economic impacts of a commerce treaty, its impacts on domestic industries, etc. <Amended by Presidential Decree No. 24424, Mar. 23, 2013>
 Article 3 (Methods of Evaluating Status of Implementation of Commerce Treaties)
(1) The evaluation of the status of implementation of a commerce treaty under Article 2 shall be completed within six months after its commencement: Provided, That when the head of a central administrative agency or the head of a relevant research institute requested to cooperate in evaluating the status of implementation of a commerce treaty under Article 15 (2) of the Act requests an extension of the evaluation period for any technical reason or in any other necessary cases, the Minister of Trade, Industry and Energy may extend the period within the minimum scope necessary. <Amended by Presidential Decree No. 24424, Mar. 23, 2013>
(2) The evaluation of the status of implementation of a commerce treaty shall be based as much as possible on objectively verifiable data.
(3) Where deemed necessary to evaluate the status of implementation of a commerce treaty, the Minister of Trade, Industry and Energy may seek opinions from interested persons. <Amended by Presidential Decree No. 24424, Mar. 23, 2013>
 Article 4 (Organization of Civilian Advisory Committee on Commercial Negotiations)
(1) The terms of office of the members of the Civilian Advisory Committee on Commercial Negotiations (hereinafter referred to as the “Civilian Advisory Committee”) established under Article 21 of the Act shall be two years.
(2) Where deemed necessary in relation to a specific commercial policy or commerce treaty, the Minister of Trade, Industry and Energy may establish subcommittees under the Civilian Advisory Committee. <Amended by Presidential Decree No. 24424, Mar. 23, 2013>
 Article 5 (Operation of Civilian Advisory Committee)
(1) Whenever deemed necessary, the Minister of Trade, Industry and Energy shall call meetings of the Civilian Advisory Committee: Provided, That he/she may seek written opinions in lieu of a meeting if it is impracticable to call the meeting. <Amended by Presidential Decree No. 24424, Mar. 23, 2013>
(2) Where the Minister of Trade, Industry and Energy holds a meeting of the Civilian Advisory Committee, he/she shall give the members written notice of the agenda items by no later than seven days before holding the meeting: Provided, That such notice may be given by the day immediately preceding the date of the meeting in emergencies. <Amended by Presidential Decree No. 24424, Mar. 23, 2013>
 Article 5-2 (Dismissal of Members of Civilian Advisory Committee on Commercial Negotiations)
Where any member of the Civilian Advisory Committee on Commercial Negotiations falls under any of the following, the Minister of Trade, Industry and Energy may dismiss the relevant member:
1. Where the member cannot perform his/her duties due to a mental disorder;
2. Where the member committed any wrongdoing with regard to his/her duties;
3. Where the member is deemed unqualified for a member due to neglect of duty, injury to dignity, or other causes;
4. Where the member expresses that it is impracticable to perform his/her duties.
[This Article Newly Inserted by Presidential Decree No. 26703, Dec. 10, 2015]
 Article 6 (Pledge to Maintain Confidentiality)
(1) Where a person who provides advice or assistance related to commercial negotiations or commerce treaties under Article 22 (2) of the Act intends to gain access to any information kept confidential (hereinafter referred to as “confidential information”) under Article 4 (2) of the Act, he/she shall submit a pledge to maintain confidentiality in the attached Table to the Minister of Trade, Industry and Energy, before accessing such confidential information. <Amended by Presidential Decree No. 24424, Mar. 23, 2013>
(2) A pledge to maintain confidentiality of paragraph (1) shall be signed or sealed directly by the person who intends to gain access to confidential information.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on July 18, 2012.
Article 2 (Applicability to Evaluation of Status of Implementation of Commerce Treaties)
With respect to any commerce treaty for which five years have passed since it was entered into force as at the time this Decree enters into force, the Minister of Trade, Industry and Energy shall, pursuant to Article 3 of this Decree, evaluate the status of implementation of the commerce treaty under Article 15 of the Act within three years from the enforcement date of this Decree.
ADDENDA <Presidential Decree No. 24424, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 26703, Dec. 10, 2015>
This Decree shall enter into force on the date of its promulgation.