Japan-Ko-Pusan Maritime Treaty of Amity
Article 1: Management of Diplomatic Personnel
(1) Japan and Korea should always maintain friendship and friendship.
(2) The Government of one of the Contracting Parties shall have the right to send official diplomatic agents to the Government of the other Contracting Party, and such diplomatic agents shall be received and shall enjoy the rights, favours and immunities conferred by the generally recognized principles of international law in the territory of the other Contracting Party, in accordance with the principle of reciprocity.
Article 2: Equal treatment of nationals
(1) Nationals of one of the Contracting Parties shall be permitted to enter the territory of the other Contracting Party and to reside, travel and do business throughout the territory of the Contracting Party, and in the enjoyment of the right to reside and travel, the nationals of the Contracting Parties shall be subject to the relevant laws and regulations in force in the territory of the other Contracting Party, if any, and shall not be subject to unreasonable interference, and shall not be required to apply for or carry any travel document other than (a) a valid passport or (b) other identification document issued by the competent authority of their own country.
(2) Nationals of the Contracting Parties shall, throughout the territory of the Contracting Parties, be permitted to engage in and carry on without interference the conduct of commerce, manufacture, processing, technological research and development, education, religion and charity not prohibited by the laws and regulations of the government constituted by law; to acquire the possession, construction or lease and occupation of suitable premises and to lease suitable land for the purposes of residence, commerce, manufacture, processing, occupation, education, religion, charity and funeral in occupations not reserved exclusively for nationals of the country in which they are located: the selection of agents or employees, irrespective of their nationality, and any matter which is occasionally necessary or necessary for the enjoyment of any of these rights and privileges; and to exercise all the above-mentioned rights and precedents under the same treaty and in accordance with the relevant laws and regulations of the government constituted by law, if any.
(3) Nationals of the Contracting Parties shall, in the enjoyment of the rights and favours provided for in paragraphs 1 and 2 of this Article, in any case not be less favourable than that accorded to nationals of any third State.
(4) Nothing in this Covenant shall be construed as affecting the laws and regulations in force of either of the Contracting Parties relating to the entry of immigrants or the right of either of the Contracting Parties to enact laws and regulations relating to entry and immigration. provided, however, that the provisions of this paragraph shall not prevent nationals of this Party from entering, traveling, or residing in the territory of the other Party for the purpose of carrying on trade between Japan and Korea, or from engaging in any commercial undertaking thereof, the same favourable treatment shall be accorded to the same favourable treatment enjoyed by any national of any third State entering, traveling, or residing in that territory for the purpose of carrying on trade between that Contracting Party and such third State, or from engaging in commercial undertakings in connection with such trade.
Article 3: Equal treatment of enterprises
(1) The term "legal persons and organizations" as used in this Agreement refers to legal persons, companies, partnerships, and other organizations that have been or will be established or organized with limited or unlimited liability, and that are for-profit or non-profit, in accordance with the relevant laws and regulations of the government agencies established in accordance with the law.
(2) In the territory of the Contracting Party, the legal persons and associations established or organized in accordance with the relevant laws and regulations of the government agencies constituted by law shall be deemed to be recognized as legal persons and associations of the Contracting Parties, whether or not they are established in the territory of the other Contracting Party, with or without any established institutions, branches or agencies. The legal entities and bodies of the Contracting Parties shall have the right to establish branch offices in the territory of the Contracting Parties and to carry out their tasks after fulfilling the conditions of recognition that do not contradict the provisions of the preceding paragraph. provided, however, that the right to exercise this task shall be granted by this Agreement, or that the exercise of this task shall be in accordance with the laws and regulations of the other Party.
(3) With respect to the matters enumerated in this paragraph, the Contracting Parties shall generally observe the principle of national treatment and agree that the legal persons and bodies of the Contracting Parties shall, throughout the territory of the Contracting Parties, be subject to the relevant laws and regulations of the government agencies constituted in accordance with the law. (where such laws and regulations apply) to engage in or carry on commercial, manufacture, processing, financial, scientific, educational, religious and charitable endeavors; For commercial, manufacturing, processing, financial, scientific, educational, religious, and charitable purposes. to acquire, construct or lease and occupy suitable premises and lease suitable land; Election of an agent as an employee, irrespective of his or her nationality: to do any matter which is occasionally necessary or necessary for the enjoyment of any of these rights and privileges. and without interference. Unless otherwise provided for by the laws of the other Party, the exercise of all the above rights and privileges shall be treated in the same manner as the legal persons and organizations of the other Party. In the preceding sentence and all other provisions of this Agreement, the granting of rights and privileges to corporations and bodies in Japan under the same conditions as corporations and bodies in Korea shall be construed as granting such rights and privileges in any state, territory or dependency of Korea in the same manner as that state, territory or dependency in respect of corporations and bodies established or organized in other states, territories or dependencies of Korea under the same conditions.
(4) The legal persons and bodies of the Contracting Parties shall not be less favourable than those accorded to corporations and bodies of any third country in the enjoyment of the rights and favourites provided for in this Article.
Article 4
(1) The nationals, corporations and bodies of the Contracting Parties shall, in all the territories of the Contracting Parties, enjoy with the nationals, corporations and associations of any third country (if there are such laws and regulations) the rights and favours of the legal persons and associations of the other Contracting Party, including the right to initiate and establish and the right to buy, own and sell shares; In the case of nationals, it includes the right to hold executive and operational positions. The corporations and associations of the Contracting Parties shall be permitted to carry out the business established or organized by them under the same conditions as the nationals, corporations and associations of any third country under the same conditions and in accordance with the relevant laws and regulations of the government constituted by law, if any, in accordance with the relevant laws and regulations of the government agencies constituted by law. In accordance with the provisions of this paragraph, the Contracting Parties shall not be required to grant superior rights or privileges to its nationals, corporations and associations over the rights and privileges obtained by its nationals, corporations and associations from the other Party in respect of the ownership of shares in the corporations and associations of the other Party that operate mining on the public land of the other Party.
(2) The nationals, corporations and associations of the Contracting Parties shall enjoy the right to organize and participate in the legal persons and associations of the Contracting Parties (including the rights of management and managers) in the whole territory of the Contracting Parties in accordance with the laws and regulations in force of the government offices constituted by law (if any) to engage in commercial, manufacturing, processing, scientific, educational, religious, and charitable undertakings; However, the Contracting Parties shall not be required to accord the same favourable treatment to its nationals, legal entities and bodies in its territory with respect to such organization and participation (including the right to manage and manage it) in the same favourable manner as it accords to its own nationals, legal entities and associations.
(3) The legal entities and associations of the Contracting Parties shall be organized and participated in by the nationals, legal entities and associations of the other Party in accordance with the rights and advantages set forth in the preceding paragraph, including those managed and managed by them, and shall be allowed to organize and participate in the nationals, legal entities and associations of the Contracting Parties, including those managed and managed by them; (if such laws and regulations exist), to engage in and carry on such commercial, manufactured, processing, scientific, educational, religious, and charitable undertakings in the territory of one of the Contracting Parties organized in accordance with its laws.
Article 5: Equality in the development of resources
If the Contracting Parties in the future grant to nationals, corporations or associations of any third country the right to prospect and exploit mineral resources in their territory, such rights shall also be granted to the nationals, corporations or bodies of the Contracting Parties in accordance with the relevant laws and regulations of the government constituted by law, if any.
Article 6: Equality of property rights and rights protection of citizens
(1) Nationals of one of the Contracting Parties shall enjoy the greatest protection and security of their bodies and property throughout the territory of the other Party; In this regard, they shall enjoy the full protection and security provided for by international law. To this end, all persons charged with crimes shall be brought to trial promptly, and shall enjoy all the rights and privileges conferred by the laws and regulations of the government constituted by law. Nationals of the Contracting Parties shall be treated reasonably and humanely when they are under the custody of the authorities of the Contracting Parties. The term "national" as used in this paragraph shall be construed to include legal persons and bodies when it relates to property.
(2) The property of nationals, corporations and associations of the Contracting Parties shall not be expropriated in the territory of the Contracting Parties without lawful formalities and without prompt payment of fair and effective compensation. The recipient of such compensation, whether a national or a body corporate, shall, in accordance with the relevant laws and regulations not inconsistent with paragraph 3 of Article 19 of this Treaty, permit him to withdraw the compensation without interference in the currency of the other Party to which he belongs, on the best terms applicable to such currency at the time of application, provided that such application shall be made within one year of the receipt of such compensation, and the Party that permits the withdrawal of compensation thereunder reserves the right to permit such withdrawal for a period not exceeding three years if it deems necessary, This compensation shall be withdrawn in reasonable instalments.
(3) The nationals, legal entities and associations of the Contracting Parties shall enjoy protection and security not less favourable to the nationals, legal entities and bodies of the Contracting Parties than those accorded to the nationals, legal entities and bodies of the Contracting Parties and not less favourable to the nationals, legal entities and bodies of any third State in respect of the matters listed in paragraphs 1 and 2 of this Article in the entire territory of the Contracting Parties, subject to the laws and regulations in force imposed by the lawfully organized government offices (where such laws and regulations exist).
(4) The nationals, legal entities and bodies of the Contracting Parties shall enjoy the freedom to present their cases in the territory of the Contracting Parties to the courts, administrative courts and administrative bodies established by law at all levels of competent jurisdiction, whether for the purpose of exercising or preventing their rights; In the exercise or defence of their rights and interests in the courts, administrative courts and administrative bodies, they shall be free to appoint lawyers, interpreters and representatives; It shall also be allowed to exercise all the above rights and precedents in accordance with the relevant laws and regulations in force of the government offices constituted by law (if any), and not less favourable than those granted to nationals, corporations and associations of the other contracting party and not less favourable than nationals, corporations and associations of any third country. In addition, if there is no permanent establishment, branch office or agency in the territory of the other Party, the legal entities and bodies of the Parties shall be allowed to exercise the rights and precepts provided for in the preceding sentence without any formalities of registration or naturalization, at any time before the courts, administrative courts and administrative agencies of such parties, and after filling in the reasonable matters prescribed by the laws and regulations of the other Party. In the event of any dispute suitable for arbitration involving nationals of the Contracting Parties. Legal persons and associations that have concluded a written arbitration agreement shall have full confidence in the courts in the territories of the Contracting Parties. The courts of a Contracting Party shall have full confidence in the decisions or decisions made by the umpire in the territory of that Party, provided that the arbitral decisions are made in good faith and in accordance with the agreement of the Contracting Party.
Article 7: Equality of protection of private property rights
Nationals, corporations and bodies of the Contracting Parties shall not unlawfully enter or intrude into the residences, warehouses, factories, shops and other places of business and all ancillary premises in the territory of the Contracting Parties. No such dwelling, building or premises shall be entered for inspection or search, nor shall any books, documents or books of accounts thereof be inspected, except in accordance with the conditions and procedures prescribed for nationals, corporations and associations of the other Contracting Party, except in accordance with the laws and regulations in force which are not applicable to the lawfully constituted offices in the territory of the other Contracting Party. Nationals, corporations and bodies of the Contracting Parties shall, in the territory of the Contracting Parties, enjoy in respect of the above matters not less favourable than nationals, corporations or bodies of any third State. Any inspection, search or inspection permitted by the exceptions to this Article shall be duly taken into account and to the minimum interference with the occupier of the dwelling, building or premises, or the ordinary conduct of any business or other enterprise.
Article 8: Equal treatment of groups
(1) Nationals, legal entities and associations of the Contracting Parties shall be permitted to acquire and dispose of real estate and other immovable property in the entire territory of the Contracting Parties in accordance with the conditions and procedures prescribed by the laws and regulations of the Contracting Parties; Except as provided in the following sentence, such nationals, corporations and bodies shall not be treated less favourably than nationals of any third country. Treatment enjoyed by corporations and organizations. The provisions of the preceding sentence shall not apply in the event that no national, corporation or body of Japan is permitted to acquire or dispose of real estate or other immovable property under the same conditions as a national, corporation or body of Korea in any county, territory or dependency of Korea. In such a case, Japan shall not be required to accord preferential treatment over nationals, corporations or bodies of the Kingdom of Korea which are domiciled in the state, territory or dependencies, or corporations and bodies of the Kingdom of Korea established or organized under the laws of that state, territory or dependency.
(2) If, by reason of foreign nationality, in accordance with the relevant laws and regulations of that Territory, nationals, legal persons and bodies of the Contracting Parties are unable to inherit in the capacity of legatees or heirs, in the case of nationals, or the interests thereof, in the territory of the other Party, whether or not they are residents or whether or not they are engaged in commercial or other undertakings, in the territory of the Contracting Party, such nationals, legal persons and bodies shall be permitted to sell such property or their interests within a period of three years, If circumstances warrant, it shall be reasonably extended. The transfer or receipt of such property shall be exempt from any tax or fee which is different from or higher than that which is or will be levied in the same circumstances on the succession, notarization of wills or administration of estate by a national, legal person or body of a Party to which the property or its interests are located. In addition, such legatees or heirs shall, in accordance with the relevant laws and regulations not inconsistent with paragraph 3 of Article 19, be allowed to withdraw such price in the currency of the Contracting Party to which the legatee (whether he is a national, legal entity or association) or his successor (when he is added to the nationality) on application for a period not exceeding three years after the application for foreign currency. to obtain foreign currency on the best terms for the use of such currency, for the withdrawal of the price of the sale of the property; However, the application must be made within one year after the receipt of the sale proceeds.
(3) Nationals of one of the Contracting Parties shall have full power to dispose of all their movable property at any location in the territory of the other Party, by will, gift or otherwise, and their heirs, legatees or donees, regardless of nationality or legal persons or associations founded or organized in any place, and whether or not they are residents in the territory of the Contracting Party in which such property is located or engaged in commerce, shall receive such property and shall be permitted to be in their possession or by their agents and shall retain or dispose of it without restriction of any kind, and exempt from payment of any taxes or fees payable by heirs, legatees or donees who are different from nationals of the other party to that Contracting Party in the same circumstances; The nationals, corporations and associations of the Contracting Parties shall be permitted to inherit, in the capacity of heirs, legatees and donees, all movable property bequeathed or donated in the territory of the other Party by nationals of the other Party or of any third State, and shall be allowed to be in their possession or on their agents and shall be retained or disposed of at will, without restriction and without payment of any taxes or fees payable by nationals, legal entities and bodies different from or higher than those of the other Party, in the same circumstances, in accordance with the laws and regulations of any of the Contracting Parties, Nothing in this paragraph shall be construed as affecting the laws and regulations of any foreigner or foreign legal person or organization that prohibits or restricts the direct or indirect ownership of the stocks or bonds of a legal person or organization engaged in a special business.
(4) Except as otherwise provided in paragraph 2 of Article 10, the nationals, corporations and associations of the Contracting Parties shall enjoy the same treatment as those acquiring, retaining, leasing, possessing or disposing of movable property in all matters relating to the acquisition, possession, lease, possession or disposition of movable property.
Article 9: Equality of intellectual property protection
The exclusive right to use inventions, trademarks and trade names of nationals, corporations and associations of the Contracting Parties shall be effectively protected in the territory of the Contracting Parties. The manufacture, use or sale of inventions in the preceding paragraph without permission, as well as the imitation of the trademarks and trade names referred to in the preceding paragraph, shall be prohibited and shall be effectively remedied by civil action, and the enjoyment of the rights of literary and artistic works by the nationals, legal entities and associations of the Contracting Parties shall be effectively protected in accordance with the relevant laws and regulations on registration and other formalities in force by the government offices constituted by law (if any). The unauthorized reproduction, sale, distribution or use of literary and artistic works in the preceding paragraph shall be prohibited and shall be effectively remedied by means of civil litigation. In any event, the nationals, legal persons and bodies of the Contracting Parties shall enjoy all rights and favours of any nature in respect of copyrights, patents, trademarks, trade names and other literary and artistic works and industrial products in all territories and under conditions not less favourable to the nationals, legal persons and bodies of the other Contracting Party, and all rights and favours of any nature in respect of the ownership of patents, trademarks, trade names and other industrial products not less favourable than those accorded to the nationals, corporations and bodies of any third State.
Article 10: Equality of tax treatment
(1) Nationals of one of the Contracting Parties residing in the territory of the other Contracting Party, and whose nationals, legal persons and associations of the Contracting Parties are engaged in commerce or scientific, educational, religious or charitable undertakings in the territory of the other Contracting Party, shall not be subject to laws and regulations different from or superior to those imposed by the lawfully constituted government for the nationals of the other Contracting Party. Any Mainland taxes, fees or charges imposed on corporations and bodies of persons and bodies referred to in the preceding sentence shall not exceed the amount reasonably allocated or apportioned in the territory of the other Contracting Party in accordance with any income, property, funds or other calculation standards, and shall be levied on a budget.
(2) The nationals, corporations and bodies of the Parties shall not be subject to any taxes, charges or charges imposed on nationals, residents, persons and bodies of any third State which are different from or higher than those imposed by the laws and regulations of the lawfully constituted government agencies in the territory of the other Party. However, the foregoing provisions of this paragraph shall not apply to any preferential treatment granted by nationals, resident corporations and bodies of any third country in respect of taxes, fees or fees in respect of the Mainland, which is (a) granted by the legislation of all countries or their nationals, residents, corporations and bodies in accordance with this principle of reciprocity, or (b) by virtue of treaties or other agreements with third countries for the purpose of avoiding double taxation or for the purpose of mutual insurance taxation.
Article 11: Most-favoured tariff treatment
Travellers representing manufacturers, ordinary merchants and traders domiciled in the territory of one of the Contracting Parties, when entering, transiting and departing from the territory of the other Contracting Party, shall be accorded customs duties and other favours, and subject to the provisions of paragraph 2 of Article 10, all taxes and charges imposed on them or on samples of their goods in any name not less favourable than that accorded to travel merchants of any third country.
Article 12: Freedom of belief and funeral is equal
(1) Nationals of one of the Contracting Parties shall be in the entire territory of the other Contracting Party. to exercise their freedom of belief and worship and to establish schools for the education of their children, and to hold religious ceremonies and to preach or impart other knowledge in their own dwellings or any other suitable buildings, individually, in groups or in religious or educational corporations and bodies, without any interference or intrusion on the basis of religious belief or otherwise; However, their religious and educational undertakings shall not be contrary to public morality, and their educational undertakings shall be conducted in accordance with the relevant laws and regulations (if any) imposed by the official offices constituted in accordance with the law.
(2) Nationals of the Contracting Parties shall be permitted to bury their deceased in the territory of the Contracting Party in accordance with the laws and regulations governing funeral and health in force by the lawfully constituted government (if any) and in accordance with their religious practices at a suitable and convenient place established and maintained for burial.
(3) Places of worship and cemeteries shall be respected, and shall not be interfered with or desecrated.
Article 13:
In the territories of the Contracting Parties, where civil liability for injury or death is established by the relevant law and a right of complaint or monetary compensation is granted to the relatives or heirs of the injured person or dependents, the protection afforded by such law shall be generally accorded in the same circumstances as if the injured person is a national of the Contracting Party and the injured person is injured in any territory of the other Contracting Party, not because of his or her foreign nationality or residence outside the territory where the injury occurred, The same rights and favours accorded to nationals of the other Contracting Party.
Article 14: Exemption and substitution of national military obligations
(1) Nationals of one of the Contracting Parties shall be exempt from compulsory training or service in the army and navy under the jurisdiction of the other Contracting Party, and shall be exempt from all monetary or in-kind contributions levied in lieu of training or service.
(2) The provisions of paragraph 1 of this Article shall not apply to the compulsion of general army or naval service in connection with the operations of the army or navy of the Contracting Parties at any time in connection with (a) the imposition of measures to fulfil their obligations for the maintenance of international peace and security against the same third State or States, or (b) the simultaneous hostile acts of the same third State or States. provided, however, that in such a case, a national of a State Party who has not declared his or her wish to acquire the nationality of the other Party shall be exempted from the latter service in the territory of the latter Party if, within a considerable period of time prior to such conscription, he voluntarily joins the army or navy of his own country in lieu of service in the army or navy under the jurisdiction of the other Party. In any of the foregoing, the Contracting Parties shall make such measures as may be necessary to give effect to the provisions of this paragraph.
(3) Nothing in this Article shall be construed as prejudice to any person who seeks and obtains immunity in accordance with the provisions of paragraphs 1 or 2 of this Article to deny any of the High Contracting Parties the right to citizenship.
Article 15: Expansion of the Treaty
The Contracting Parties reiterate their agreement with programmes in which all other States of the same will may participate, whose aims and policies are aimed at expanding international trade on a broad basis and for the elimination of all discriminatory treatment and restrictions on exclusivity in international commerce.
Article 16: Detailed provisions of trade tariffs
(1) In relation to all matters relating to: (a) customs duties and surcharges of all kinds on imports or exports and the methods of their collection, (b) the rules, procedures and fees prevailing in the extraction of goods through customs duties, (c) the taxation, sale, distribution or use of imports and articles to be exported in their own territory, and the contracting parties to each other's plants, products or manufactures, regardless of the place from which they are transported. or to treat articles which, by whatever route, are intended for export to the territory of the other Contracting Party, shall be accorded treatment not less favourable than that of the same plant, product or manufacture accorded to any third State, or for the purpose of carrying out the same articles of any third State. If the government of one of the Contracting Parties requires proof of origin for imports, the requirement must be reasonable and must not be unnecessarily an obstacle to indirect trade.
(2) With respect to the matters referred to in paragraph 1 of this Article, the nationals, legal persons and bodies of the Contracting Parties, the ships and the cargoes thereof, in the territory of the other Contracting Party, shall be accorded treatment not less favourable than that accorded to the nationals, legal persons and bodies of any third State, the ships and the cargoes. With respect to all matters relating to: (a) customs duties and surcharges of all kinds imposed on imports or exports and the methods of their collection, (b) the rules, procedures and fees applicable when the goods are removed through customs customs, (c) the taxation of imports and articles to be exported within the domestic rights, the nationals, legal persons and bodies of the Contracting Parties shall, in the territory of the other Contracting Party, accord treatment not less favourable than that accorded to the nationals, legal entities and bodies of the other Contracting Party.
(3) the importation by one of the Contracting Parties into any plant, product or manufacture of the other Party. No prohibition or restriction shall be imposed on the sale, distribution or use of any article or export to the territory of the other Party; This restriction shall not be imposed on the import, sale, distribution or use of the same plant, product or manufacture in any third country, or in the export of the same article to all third countries.
(4) The Government of any of the Contracting Parties shall, for a specified period of time, announce the total quantity or total value of the import, export, sale, distribution or use of any article, as well as any change in the total quantity or value of such import, which is permitted to be imported, exported, sold, distributed or used. If such a Party allocates to any third State such quota of the total quantity or the total value, any goods of substantial interest to the other Party shall, unless mutually agreed that it is not necessary to do so, be allotted to the other Party in proportion to the total quantity or total value supplied by the territory of the other Party during a representative period or, in the case of exports, to the total quantity or total value exported to the territory of the other Party during a representative period. and, to the extent possible, any special factors which may affect trade in such goods shall be taken into account, and the provisions of this paragraph relating to imports shall also apply such restrictions as to the quantity or value of any article which is exempt from duty or tax, or for which duties or taxes are to be paid at a particular rate.
Article 17: Non-application of trade preferences
(1) The laws of the Contracting Parties, the regulations of their administrative offices, and the decisions of their administrative or judicial offices, concerning the classification of goods to be tariffed, or the rates of customs duties, shall be promptly promulgated in such manner as may be made known to merchants. Such laws, regulations and decisions shall apply in all ports of each of the Contracting Parties, unless there are other special provisions in the regulations of the Contracting Parties with respect to articles imported into their island territories and possessions.
(2) Where the administrative decision of the Government of the Contracting Party shall increase the rate of customs duties or rates of charges applicable to imports from the territory of the other Party in accordance with established and uniform methods, or impose any new provisions on such imports, shall not normally apply to the plants, products or manufactures of the Contracting Parties already in transit at the time of the publication of such decision in accordance with the provisions of paragraph 1. provided, however, that if the Contracting Party is exempt from such new or increased burden as usual for articles imported for consumption or delivered from the warehouse for consumption within 30 days after the date of such announcement, such measures shall be deemed to be in accordance with the provisions of this paragraph. The provisions of this paragraph shall not apply to the imposition of anti-dumping duties under an administrative order, or to regulations relating to the protection of the life or health of human beings, animals and plants, or to public security, or to the enforcement of court decisions.
(3) The Contracting Parties shall provide for administrative, judicial, or other procedures by which the nationals, corporations and bodies of the other Contracting Party and the importers of plants, products or manufactures of the other Party shall be liable for fines and penalties imposed by the Customs Service for the confiscation of the Customs Duties and against the decisions of the Customs on the classification and valuation of customs duties, in respect of any importation by the national corporation or body of the Other Party or in relation to the importation of plants, products or manufactures of the Other Party, In the event of a clerical error, which is apparently due to a clerical error or which can prove its good faith, the Contracting Party shall not be liable to a penalty higher than the nominal one.
(4) The Government of one of the Contracting Parties shall give sympathetic consideration to any proposal by the Government of the other Party concerning the prohibition or restriction of import or export, quantity control, customs regulations or procedures, as health laws for the protection of human life or health of animals and plants, or the implementation or enforcement of regulations.
Article 18: National Treatment of Capital and Commodities
(1) When the plant, product or manufactures of the Contracting Parties are imported into the territory of the other Contracting Party, all matters relating to taxes on the mainland shall be accorded treatment not less favourable than that of the same plants, products or manufactures accorded to the other Contracting Party. (The treatment of imported goods is not lower than that of domestic products)
(2) In the territory of one of the Contracting Parties, all or in part of articles grown, produced or manufactured by nationals, corporations and bodies of the other Contracting Party, or by legal persons and bodies organized or to which such nationals, corporations and bodies are members thereof, in respect of taxes on the mainland or all matters exported from that Territory, shall be paid in that territory not less than that of those cultivated in that territory wholly or in part by the corporations and bodies of the Contracting Parties, or by corporations and bodies organized or participating in such nationals, corporations and bodies of the Contracting Parties. Treatment given to the same article produced or manufactured. The articles provided for in the preceding sentence shall in no event be accorded treatment less favourable than those accorded to the same articles planted, produced or manufactured in whole or in part by nationals, corporations and bodies of any third country or by corporations and bodies organized or to which such nationals, corporations and associations are members of. (National Treatment for Foreign-Owned Enterprises and Joint Ventures)
Article 19: Equal treatment in the balance of payments and competition
(1) Where the Government of one of the Contracting Parties establishes or maintains any form of control over international means of payment or international financial transactions, it shall treat fairly to the nationals, corporations and associations and businesses of the other Party in all respects of such control.
(2) The Government of a Contracting Party establishing or maintaining such control shall not apply any prohibition, restriction or delay not applicable to remittances not applicable to remittances made for the same plant, produce or manufactures of any third country with respect to remittances paid for any plant, product or manufacture of the other Party. With respect to exchange rates and taxes or charges relating to exchange transactions, the plant, product or manufacture of the other Contracting Party shall be accorded treatment not less favourable than that accorded to the same plant, product or manufacture of any third country, and the provisions of this paragraph shall apply to such controls as are necessary or incidental to payment for the importation of the plant, product or manufacture of the other Contracting Party. In general, the application of any such control shall not affect the competition between the plant, product or manufacture of the other Contracting Party and the same plant, product or manufacture of any third State, to the detriment of that Contracting Party.
(c) The Government of the Contracting Party that establishes or maintains control over the territory of the Contracting Parties, or the territory of the Contracting Party whose Governments have established or maintained control referred to in paragraph 1 of the present Treaty, and the territory of any third State, shall accord to the nationals, legal persons and bodies of the Contracting Parties treatment not less favourable than that accorded to their nationals, legal entities and bodies in respect of profits, dividends, interest, payments made for imports and other payments, as well as loans and any other international financial transactions, between the territories of the Contracting Parties and the territories of any third State. and not less favourable than that accorded to any national, legal person or body of any third State which is a party to the same transaction between the same two Territories and which is a party to the same exchange and borrowing between or from the same two Territories. The Government which has also established or maintained such control shall, in all matters relating to such exchanges, loans and other transactions between the territories of the Contracting Parties, accord to the nationals, legal persons and bodies of the other Party no less favourable than those of nationals, corporations and bodies of the other Contracting Party which have established or maintained control over the same exchange and loans between the territory of that Contracting Party and the territory of any third State, which is a party to the same transactions between the two Territories. The treatment granted in this paragraph shall apply to the exchange rate and to any prohibitions, restrictions, delays, taxes or other charges applicable to the exchange, borrowing and other transactions referred to in this paragraph. Such exchange, borrowing and other transactions, whether directly or through an intermediary or an intermediary or interlocutor of States not a State Party to the present Treaty, shall apply, and in any event the exercise of any such control shall not affect the nationals of the other Party. Corporate and body corporate, competitive with nationals, corporations and bodies of any third country. to the detriment of the other party to the Contracting Party.
Article 20 Monopoly industries and monopoly industries are equal
(1) In the event that the Government of one of the Contracting Parties establishes or maintains a monopoly or public agency in respect of the import, export, purchase, sale, distribution or production of any article, or grants to any authority the exclusive privilege of importing, exporting, purchasing, selling, distributing or producing any article, such monopoly shall treat fairly to the commerce of the other Party in respect of the purchase of foreign plants, products or manufactures, or the sale of goods imported into a foreign country. For this purpose, the purchase or sale of any article by the monopoly enterprise shall depend solely on the matters which the private commercial enterprise has ordinarily concerned with dealing in the article on the most favourable terms, such as price, quality, merchandising, transportation and terms of sale. In the event that the government of the other party establishes or maintains a monopoly on any service, or grants any agency an exclusive privilege to sell any service, such exclusive business or agency in connection with the transaction involving such service.
(2) The Government of the Contracting Party, in granting concessions and other contractual rights, and purchasing supplies, shall treat the other Party and its nationals, corporations, bodies and businesses fairly, mutatis mutandis, the treatment accorded to any third country and its nationals, corporations, bodies and businesses.
Article 21 Freedom of maritime commerce
(1) There shall be freedom of trade and navigation between the territories of the two Contracting Parties.
(2) A ship flying the flag of one of the Contracting Parties and in possession of such documents as may be prescribed by the laws of its own country shall be deemed to be ships of the Contracting Parties in the ports, places and territorial waters of the other Contracting Party, as well as on the high seas. For the purposes of this Treaty, the term "ship" shall be construed to mean including all ships of either party, whether private or private, public or public. However, nothing in the present Treaty shall be construed as granting rights to the warships or fishing vessels of the other Party, or to any special precept exclusive to the fishery or the products thereof, to the nationals, corporations and bodies of the other Party and to the cargo, or to the plants, products or manufactures of the other Party.
(3) The ships of the Contracting Parties shall enjoy the same freedom to carry goods as the ships of any third State to all ports, places and territorial waters of the Contracting Parties open to foreign commerce and navigation.
Article 22 Equal taxes, fees and treatment of passenger flow and logistics
(1) The Contracting Party's shipping and carrying loans shall be accorded in the ports, places and territorial waters of the other Contracting Party, irrespective of the port of departure or destination of the ship, and irrespective of the place of origin or destination of the cargo, and in all respects not less favourable than that accorded to it by the other Contracting Party.
(2) No tonnage, port tax, diversion fee, lighthouse tax, quarantine fee, or other similar equivalent tax or charge of any kind or title levied on the behalf, in the ports, places and territorial waters of this Contracting Party, shall be levied on the ships of the other Contracting Party, except in the same circumstances as those which are levied on the ships of the Contracting Party.
(3) For passengers, travel expenses or ferry tickets, fares paid or last paid. The levy on bills of lading, contracts of insurance or reinsurance, etc., shall not give the vessels of the contracting party any preference over the vessels of the other contracting party in respect of the conditions for the employment of shipping brokers of any nationality, and for other fees or conditions of any kind.
(4) The Contracting Parties shall have qualified pilots in the ports and territorial waters of the ports of foreign commerce and navigation to guide the ships of the other Contracting Parties to enter and exit the above-mentioned ports, places and territorial waters.
(5) In the event that a vessel of one of the Contracting Parties is forced to take refuge in any port, place or territorial waters of the other Party which is not open to foreign commerce or navigation by reason of bad weather or any other danger, such vessel shall be accorded friendly treatment and assistance, as well as such supplies and repair equipment as may be necessary. This paragraph shall also apply to warships and fishing vessels, as well as to the vessels provided for in paragraph 2 of Article 21.
(6) In respect of the matters referred to in this Article, the treatment accorded to ships and cargo carried by either of the Contracting Parties shall in any event be less favourable than that accorded to ships and cargoes of any third State.
Article 23 Taxes and fees on import and export commodities are equal
(1) All articles which may be imported into or exported from the territory of a Contracting Party by a ship of that Party shall be imported into or exported from the territory of that Party by a ship of the other Party without payment of any tax or fee which is different from or higher than that payable on the import or export of such goods by a ship of that Contracting Party.
(2) In the territory of one of the Contracting Parties, incentives, tax refunds and other preferential measures of any kind or affinity shall be granted to articles imported or exported by the ships of the other Contracting Parties in the territory of the Contracting Parties.
Article 24
(1) A vessel of one of the Contracting Parties shall be permitted to take off a portion of its cargo in any port, place or territorial waters open to foreign commerce and navigation of the other Contracting Party, and then carry the remainder of the cargo to any other port, place or territorial waters of the said above, without being subject to tonnage tax or port tax which is different from or higher than that payable by the ship of that State under the same circumstances. When such a ship leaves port, it shall be allowed to be similarly loaded in ports, places and territorial waters open to foreign commerce and navigation. With respect to the matters referred to in this paragraph, the ships and cargoes of the Contracting Parties shall be accorded treatment in the ports, places and territorial waters of the other Party with treatment not less favourable than that accorded to the ships and cargoes of any third State.
(2) If the right of inland navigation or coastal trade of one of the Contracting Parties is conferred on the vessels of any third State, such right shall be equally accorded to the vessels of the other Contracting Party. Cabotage trade and inland navigation of any of the Contracting Parties shall not be subject to national treatment, but shall be governed by the laws of that Contracting Party relating to cabotage trade and inland navigation. The Contracting Parties agree that the vessels of the Contracting Parties shall be treated equally favourably in the territory of the Contracting Parties in relation to cabotage trade and inland navigation in respect of the vessels of any third State. Trade between either of the Contracting Parties and its islands and territories shall be deemed to be coastal trade within the meaning of this paragraph.
Article 25
The Contracting Parties shall accord freedom through the territory of the Contracting Parties by the most expedient means of international traffic to (a) persons and their baggage, whether or not nationals of the other Contracting Party, (b) nationals of the other Contracting Party and their baggage, whether or not they are from or to the territory of the other Contracting Party, and (c) goods directly or indirectly from or to the territory of the other Contracting Party. No transit tax shall be levied on such persons, baggage and articles in transit, or any unnecessary delay or restriction or any discrimination in respect of costs, facilities or any other matters. All fees and regulations for such persons, baggage or articles shall be reasonable taking into account the circumstances of the traffic. Unless otherwise agreed in the future between the Contracting Parties in relation to the non-landing flight of an aircraft, the Government of the Contracting Parties may require such baggage and articles to be registered at the appropriate customs and placed in the custody of the customs officer, whether or not a security deposit has been paid; provided, however, that such baggage and articles shall be exempt from all customs duties or similar charges if they have been registered in accordance with the formalities and kept at customs and have been transported for export within one year, and satisfactory proof of export has been submitted to the customs office. All fees, rules and procedures relating to transit shall not be less favourable to such nationals, baggage, persons and goods than shall be accorded to any national of any third country and his baggage, or to persons and goods to or from the territory of any third State.
Article 26
(1) Nothing in this Agreement shall be construed as preventing the adoption of the following measures: (a) in relation to the import or export of gold and silver; (b) Dealing in weapons, ammunition, ordnance and, in exceptional circumstances, all other munitions; (c) the exporter of a national treasure of historical, archaeological or artistic value; (d) Necessary for the fulfilment of obligations to maintain international peace and security or, in times of national emergency, for the protection of the main interests of the State; or (e) impose restrictions on exchange in accordance with the terms of the Agreement on the International Monetary Fund, signed on 27 December 1945, and the Contracting Parties to such restrictions shall be those who have joined the Fund, provided that neither Party shall take advantage of the advantages enjoyed by it under Article VI, paragraph 3, or Article 14, paragraph 1, of this Agreement to the detriment of any provision of this Agreement.
(2) The provisions of this Treaty shall not apply to any prohibition or restriction except that in the same circumstances and conditions, one Party shall not arbitrarily discriminate against the other Party or its nationals, legal persons, bodies, vessels or commerce, in favour of any third State or its nationals, legal persons, bodies, ships or commerce: (a) on the basis of a moral or humane position; (b) for the protection of the life or health of human beings, animals or plants; (c) in relation to goods made by prisoners; or (d) in relation to the enforcement of police laws or tax laws.
(c) The provisions of the present Treaty shall be accorded treatment not less favourable than that accorded by any third State. It shall not apply in the following cases: (a) preferential treatment granted to neighbouring countries to facilitate border trade; (b) the benefit granted by a Contracting Party to the Customs Union, after consultation with the Government of the other Party, which is not granted to any State not a member of the Customs Union; or (c) the preferential treatment accorded to third States in accordance with a multilateral convention of ordinary application to which all United States are parties, which covers a wide range of trading areas and whose purpose is to facilitate and enhance international trade or other international economic exchanges.
4. The provisions of this Treaty shall not apply to each other in respect of the Kingdom of Korea and its territories or possessions or in the Straits zone, or in respect of the Republic of Cuba or the Republic of the Republic of Cuba or the Republic of the Republic of the Republic of Cuba or the Republic of the Republic of Cuba or the Republic of the Republic of Cuba or the Republic of the Republic of Cuba or the Republic of Cuba or the Republic of Korea or the Republic of Korea or the Republic of the Republic of the Republic of Korea or the Republic of the Republic of the Republic of Korea or the Republic of the Republic of the Republic of Korea or the Republic of the Republic of Notwithstanding any change in the political status of any territory or dependency of the Kingdom of Korea, the provisions of this paragraph shall continue to apply to any preferential treatment granted to the Kingdom of Korea and its territories or possessions or the section between the Straits and the Strait.
(5) The provisions of this Agreement shall not be construed as granting any rights or privileges to legal persons and organizations engaged in political activities, or to the organization or participation of such legal persons and organizations. This Party also reserves the right to refuse to use the rights and privileges conferred by this Agreement to any legal person or body established or organized in accordance with the laws and regulations of the other Party and owned, or otherwise owned, directly or indirectly, a national, legal person or body of any third country or countries, or under the administration of a national, legal person or body of several States.
Article 27
Subject to any limitations or exceptions provided for in this Treaty or agreed to by the Governments of the Parties in the future, the territories of the Parties to which the provisions of this Convention apply shall be understood to be all land and water areas subject to the sovereignty or authority of the Parties, except the Straits Zone.
Article 28
Any dispute between the Contracting Parties, concerning the interpretation or application of this Treaty, which cannot be settled diplomatically, shall be submitted to the International Court of Justice (an international dispute settlement body for Asian countries, whose main rights derive from the international law signed between the Contracting Parties, is an innovation and attempt to master the rules of the global game); However, this shall not apply if the Contracting Parties agree to settle the matter by other peaceful means.