ARRANGEMENT

BETWEEN THE GOVERNMENT OF THE REPUBLIC OF KOREA AND

THE WORLD TRADE ORGANIZATION

REGARDING A CONTRIBUTION TO

THE WTO DOHA DEVELOPMENT AGENDA GLOBAL TRUST FUND

The Government of the Republic of Korea, represented by its Permanent Representative in Geneva (hereinafter the "Donor"); and

The World Trade Organization, represented by its Director-General (hereinafter the "WTO")

Having regard to the Ministerial Declaration adopted by the 4th WTO Ministerial Conference on 14 November 2001, and in particular to its paragraphs 38 to 41;

WT/MIN(01)/DEC/1 of 20 November 2001.

Having regard to the new strategy for WTO technical co-operation as endorsed by Members at the 4th WTO Ministerial Conference;

See paragraph 38 of the Ministerial Declaration and document WT/COMTD/W/90 of 21 September 2001.

Having regard to the Co-ordinated WTO Secretariat Annual Technical Assistance Plan;

WT/COMTD/W/160.

Having regard to the WTO Financial Regulations and Financial Rules;

Contained in WT/L/156/Rev.2 and WT/L/157/Rev.1 of 21 May 2007.

Have agreed as follows:

1.	Contribution

The Donor shall make available to the WTO Doha Development Agenda Global Trust Fund a contribution of USD 350,000 for the year 2011 (hereinafter, the "Contribution") in order to finance WTO technical assistance activities targeted especially at the needs of least-developed countries, other developing countries and/or economies in transition.

For the purpose of this Arrangement, the term "country" shall be understood to cover both States and separate customs territories possessing full autonomy in the conduct of their external commercial relations and of the other matters provided for in the WTO Agreement, within the meaning of Article XII:1 of the Marrakech Agreement Establishing the World Trade Organization. The term "country" shall also be deemed to apply to States and separate customs territories which are WTO Members and to those which are not yet WTO Members.

2.	Utilisation - General conditions

(a)	The Contribution shall be used only for technical assistance activities either proposed and implemented within the framework of the Co-ordinated WTO Secretariat Annual Technical Assistance Plan, or responding to the criteria specified in the New WTO Strategy for Technical Co-operation in case such activities have been endorsed by the joint meeting of the Committees on Trade and Development and Budget, Finance and Administration.

(b)	Should the New WTO Strategy for Technical Co-operation or the Co-ordinated WTO Secretariat Annual Technical Assistance Plan be amended during the application of this Arrangement, references to the New WTO Strategy for Technical Co-operation or the Co-ordinated WTO Secretariat Annual Technical Assistance Plan in paragraph (a) above shall be deemed to refer to the New WTO Strategy for Technical Co-operation or the Co-ordinated WTO Secretariat Annual Technical Assistance Plan as amended.

3.	Visibility

The WTO shall ensure the appropriate visibility of the Donor's participation in the programme covered by the Contribution.  Any action dedicated to promoting visibility and agreed upon by the parties shall form part of the direct costs of the programme concerned.

4.	Financial conditions and WTO Financial Rules and Regulations

The WTO Financial Rules and Regulations, together with the financial conditions contained in Annex I to this Arrangement, shall apply to the utilisation of the Contribution by the WTO.

5.	Reporting and Information

(a)	The WTO shall submit each year a factual and financial report to the Donor with regard to the activities undertaken or under way which have the financial support of the Contribution.  The report shall be submitted in April of each year and shall contain the following information:

(i)	Date, type, location, beneficiaries and subject of events.

(ii)	Financial information in accordance with the provisions of Annex I.

(b)	The provisions of paragraph (a) above are without prejudice to the right of the Donor to seek information in other forums.

6.	Period of application - Extension

(a)	This Arrangement shall apply for a period of one year.

(b)	If, at the expiry of that period, projects remain to be completed and/or funds remain available, this Arrangement shall be tacitly extended for a period of one year, unless a party notifies the other in writing, at least ninety days before the end of the period referred in paragraph (a) above, of its intention not to extend this Arrangement.

7.	Amendments

This Arrangement may be amended by agreement of the parties in writing.  Amendments shall not apply to pending projects unless both parties expressly agree to it in writing.

8.	Communication - Representation

All communications with the Donor concerning the present Arrangement shall be addressed to the Permanent Mission of the Donor in Geneva, which shall be deemed to represent the Donor for all matters relating to the application of this Arrangement.  All communications with the WTO concerning this Arrangement shall be addressed to the Director of the Administration and General Services Division, who shall be deemed to represent the WTO for all matters relating to the application of this Arrangement.

9.	Annexes

Annexes to this Arrangement are an integral part hereof.

10.	Arbitration

In case of dispute as to the interpretation or application of this Arrangement, the parties shall first seek to reach an amicable solution.  Any dispute which cannot be solved amicably shall, upon mutual consent, be brought before the Permanent Court of Arbitration, The Hague, Netherlands, in conformity with the arbitration clause contained in Annex II to this Arrangement.

11.	Entry into force

This Arrangement shall enter into force on the date of its signature by both parties.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by the parties, have signed this Arrangement.

Done in duplicate at Geneva, on 7th December 2011, in the English language.

FOR THE GOVERNMENT OF	FOR THE WORLD TRADE

THE REPUBLIC OF KOREA	ORGANIZATION

Annex I: Financial Conditions

Annex II: Protocol of arbitration

ANNEX I

Financial Conditions

1.	Financial and accounting records concerning the financing of the activities conducted under this Arrangement shall be kept in conformity with the WTO Financial Rules and Regulations.

2.	The accounts shall be kept in Swiss Francs. Wherever applicable, conversion of currencies shall be made in conformity with WTO practices.

3.	Except as otherwise specified in this Arrangement, the WTO may only supply information relating to the Contribution the communication of which is compatible with the WTO Financial Regulations and Financial Rules, as well as with the privileges and immunities of the WTO.

4.	The WTO will charge overhead costs equivalent to 13 per cent of the direct costs of the activities financed with the support of the Donor.

See Decision of the General Council reported in WT/GC/M/32.

5.	The WTO shall be free to subcontract any activity and use the services of outside experts if it deems it necessary.  The WTO shall be fully responsible for the co-ordination and execution of all sub-contracted activities.

6.	(a)	The Contribution shall be transferred on the following bank account number:

Account Name:	WTO

Bank Name:	UBS SA

Bank Address:	P.O. Box 2600, CH–1211 Geneva 21

US Dollars:	Account Number: 240-C0199320.2

IBAN: CH53 0024 0240 C019 9320 2

Swift Code: UBSWCHZH80A

Each Transfer shall cite the following reference: "Doha Development Agenda Global Trust Fund."

(b)	In case a request for payment is required by the Donor prior to the transfer of the Contribution, payments shall be made within sixty days of receipt of the request for payment from the WTO.  When no such request is required by the Donor, payment shall be made within sixty days of the signing of this Arrangement.  In cases where instalments have been provided for, payments shall be made in accordance with the agreed timetable.

(c)	Upon expiry of the time limits set out in the previous paragraph, the WTO may, within two months of receiving the late payment, claim interest at the rate applied by UBS for short term lending at the time the payment was due plus one and a half percentage point.

7.	Subject to paragraph 3 above, the WTO shall make available to the Donor all relevant factual and financial information, including a yearly statement of accounts, concerning the execution of this Arrangement.  The accounting period of reference will be a calendar year.

8.	All declared expenses in the yearly statement of accounts shall be supported in the WTO bookkeeping records by original documents (invoices, vouchers, contracts, order forms, tickets, etc.).

9.	Interest earned on the Donor's contribution shall be identified as such and shown in the financial reports and statements of accounts.

10.	Financial transactions and financial statements shall be subject to internal and external auditing procedures laid down in the WTO Financial Rules and Regulations.  A copy of the audited statements shall be submitted to the Donor by the WTO.

11.	The Donor may decide to give a specific mandate to the external auditor of the WTO for the control of the expenses incurred under this Arrangement.  In such a case, the Donor shall bear the cost of the audit.

12.	Normally, any unexpended contribution at the end of a WTO financial year should remain available in the global trust fund in order to finance the Co-ordinated WTO Secretariat Annual Technical Assistance Plan for the following year.

13.	Upon expiration or termination of this Arrangement for any reason, the WTO undertakes to reimburse to the Donor any unused balance ofthe Contribution in Swiss Francs within three months, unless otherwise agreed with the Donor.

ANNEX II

Arbitration clause

to be used together with the Permanent Court of Arbitration Optional Rules

for Arbitration Involving International Organizations and States

1.	Upon mutual consent, any dispute, controversy or claim arising out of or relating to the interpretation, application or performance of this Arrangement, including its existence, validity or termination, which was not solved amicably in accordance with Article 10 of this Arrangement, shall be settled by final and binding arbitration in accordance with the Permanent Court of Arbitration Optional Rules for Arbitration Involving International Organizations and States, as in effect on the date of this Arrangement.

2.	The number of arbitrators shall be three.

3.	The language to be used in the arbitral proceedings shall be English.

4.	The appointing Authority shall be the Secretary-General of the International Bureau of the Permanent Court of Arbitration, The Hague, The Netherlands.