List of Recommendations
Recommendation 1
5.8 The committee recommends that the Australia
Government initiate discussions with Korea to omit or, in the absence of
agreement, narrow the scope of the investor state dispute settlement provisions
within the treaty, to be formalised by a subsequent side letter. Discussions on
narrowing the provisions should include consideration of:
- a
narrower definition of 'expropriation';
- a
non-exhaustive list of public policy areas covered by the term 'legitimate public
welfare objective'; 50
- limitations
as suggested by French CJ, or as subsequently formally recommended by the
Council of Chief Justices; and
- that
the parties promptly establish a bilateral appealant mechanism as envisaged in
Annex 11-E of the agreement.
Recommendation 2
5.15 The committee recommends that the Australian
Government should not agree to include investor state dispute settlement
mechanisms in future trade agreements.
Recommendation 3
5.23 The committee recommends that the Australian
Government:
- provide
clarity on proposed changes to copyright and assurance that any proposed
changes as a result of the Korea-Australia Free Trade Agreement will not create
adverse impacts for intellectual property owners or users;
- retain
harmony in future trade agreements by limiting intellectual property provisions
to Australia's obligations under specific intellectual property related
multilateral agreements only and retain policy space to make changes to
Australia's domestic intellectual property laws in the future; and
- ensures
that the potential impact of intellectual property provisions in trade
agreements is properly assessed and, in particular, give consideration to the
recommendations of the Productivity Commission.
Recommendation 4
5.26 The committee recommends the Australian
Government:
- seeks
to renegotiate with Korea to preserve the right to labour market testing,
noting that Korea retains this right;
- put
in place measures to more accurately track visa entrants based on free trade
agreement provisions, including to monitor and record the levels of contractual
service providers granted 457 visas without labour market testing;
- reserves
policy space in future free trade agreements to regulate labour market entry
and better promote labour standards;
- actively
monitors Korea's adherence to the general principles and labour standards
outlined in Chapter 17 of the KAFTA, particularly with reference to goods
exported from the special processing zones on the Korean Peninsula pursuant to
Annex 3-B of Chapter 3; and actively upholds these standards in various
committees and consultation with Korea under the agreement.
Recommendation 5
5.28 The committee recommends that the Australian
Government addresses business concerns regarding complex rule of origin
processes in KAFTA, and the lack of harmonisation with other preferential trade
agreements.
Recommendation 6
5.30 The committee recommends that the Australian
Government provide additional resources to Austrade and peak export organisations
to monitor and improve the awareness within the Australian export industry of
the opportunities provided under trade agreements, as well as assistance to new
exporters on how to efficiently navigate Australia's complex network of free
trade agreements.
Recommendation 7
5.32 The committee recommends that the Australian
Government makes an interpretive declaration along the following lines in order
to clarify its practice under article 21.4(4) and elsewhere in KAFTA:
This declaration is made to clarify Australia's interpretation
that Committee reports will be made public under article 21.4(4). This is made
also as an undertaking to the Australian public of Australia's interpretation
of KAFTA as an open agreement. As a general approach at points of ambiguity in
the text or where the text is silent on the matter, as in article 21.4(4),
Australia will favour an interpretation that supports open and public provision
of information.
Recommendation 8
5.35 The committee recommends that the Australian
Government examine reforms to increase stakeholder consultation in the
preparation of National Interest Analysis documents and that the viability of
National Interest Analysis documents, or parts of these documents, being
prepared by an independent body.
Recommendation 9
5.40 The committee recommends that prompt binding
treaty action be taken in relation to the Free Trade Agreement between the
Government of Australia and the Government of the Republic of Korea.
Senator Alex Gallacher
Chair
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