제16093호                          관                보                  2005. 9.27. (화요일)

Telecommunications Equipment between the         with the exception of the phrase “ ... to
Government of the Republic of Korea and the      arbitration procedures under the Agreement
Government of Canada(hereinafter referred to     of...”in paragraph“3.”remain effective until
as “the Agreement”) and the Side Letter          they are terminated by mutual agreement.
signed in Ottawa on July 2, 1999.                    The Government of Canada avails itself of
 Considering that the Agreement dealing          this opportunity to renew to the Embassy of
with government procurement activities is no     the Republic of Korea the assurances of its
longer applicable to Korea Telecom due to its    highest consideration.
privatization on Angust 20, 2002, the            Ottawa, 25 May 2005
Embassy of Korea, on behalf of the                                  (Side Letter)
Government of the Republic of Korea, hereby          With regard to the Agreement between the
proposes to the Government of Canada to          Government of the Republic of Korea and the
terminate the Agreement on September 1,          Government of Canada on the Procurement of
2005 with the consent of the Government of       Telecommunications Equipment(the“Agreement”
                                                                                           ),
Canada in accordance with Article 54 of the      Korea considers and Canada considers as
Vienna convention on the Law of Treaties.        follows:
 In this regard, the Embassy of the Republic     1. With respect to procurements by private
of Korea, understands that the paragraphs            sector telecommunications operators in
numbered“1.”and“3.”of the Side Letter,               each Party’s territory, the Parties:
with the exception of the phrase “ ... to              (a) reaffirm their GATT 1994 commitments
arbitration procedures under the Agreement or          to national treatment of goods and
...”in paragraph“3.”remain effective until               suppliers of their countries in the private
they are terminated by mutual agreement.               sector marketplace;
 The Embassy of the Republic of Korea                (b) affirm their commitments promote an
avails itself of this opportunity to renew to          environment conducive to fair and
the Government of Canada the assurances of             effective competition among providers of
its highest consideration”                             goods and incidental services;
 The Government of Canada has the honour             (c)resolve not to directly, or indirectly,
to confirm that it agrees to the common                require private sector telecommunications
understanding set out in the aforementioned            operators to discriminate against goods
letter. The Government of Canada hereby                and incidental services originating in the
agrees to terminate the Agreement in                   territory of the other Party, or suppliers of
accordance with Article 54 of the Vienna               such goods or incidental services.
Convention on the Law of Treaties effective      2. In the event that an entity of a Party
September 1, 2005. The Government of                 undergoes a fundamental change in its legal
Canada also understands that the paragraphs          status and that the Party wishes to
numbered“1.”and“3.”of the Side Letter,               withdraw the entity from coverage of the

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