The Comprehensive Economic Partnership Agreement between the Republic of India and the Republic of Korea was signed in Seoul on 7 August 2009, in two originals, the English, Korean and Hindi texts equally authentic, English prevailing in case of doubt. Plenipotentiaries: Anand Sharma, Indian Minister of Commerce, and Kim Jong-Hoon, Korean Minister of Commerce. Article 15.7: it enters into force 60 days after an exchange of written notifications certifying completion of internal legal procedures, or on such other date as the Parties may agree — 1 January 2010. It is not the 2011 India–Japan CEPA, nor the 2011 India–Malaysia CECA.
The preamble recalls the Joint Study Group of January 2005, commitment to the multilateral system of the WTO Agreement and each Party’s right to pursue national development objectives. Article 1.1: the objectives are to liberalise trade in goods and services, a cooperative framework, transparent rules, procedures for implementation and Asian economic integration — a framework, not a tariff list.
The 15 chapters cover, as a matter of principle, goods, origin, origin procedures, customs facilitation, services, telecommunications, movement of natural persons, audio-visual co-production, investment, competition, intellectual property, bilateral co-operation, dispute settlement and final provisions. Chapter 15: a Joint Committee, annexes as an integral part, amendments by notification, consultation if the WTO Agreement is amended.
Article 15.8: either Party may terminate the Agreement by written notification, taking effect six months later unless otherwise provided. The investment non-conformity annexes (existing and future measures) form part of the Agreement. The working official text is that of India’s Ministry of Commerce, not the Arirang news item in the register.
Cover: Cheong Wa Dae (the Blue House) in Seoul, Korea’s presidential seat in the years of signature; we do not claim the signing room. Wikimedia Commons, free licence.
Sources consulted: India–South Korea Comprehensive Economic Partnership Agreement; India-Korea CEPA 2009.
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