Abstract

The future of WTO duty-free moratorium on electronic transmissions (moratorium), which has been temporarily in effect for more than 20 years, is uncertain. There is a possibility that the moratorium might be officially repealed on March 31, 2024, as decided during the 12th WTO Ministerial Conference. The termination of the moratorium could have a significant impact on Korea, a prominent exporter of online content. This study provides a detailed examination of the legal issues surrounding duty-free provisions in Korea's agreements. Additionally, it suggests both multilateral trade negotiation strategies for Korea to advocate for the permanent status of the moratorium and bilateral strategies to maintain the duty-free status of cross-border electronic transmissions in anticipation of the potential repeal. The contribution of this study lies in its identification of specific legal issues related to duty-free provisions and the development of effective negotiation strategies for each issue in preparation for the 13th Ministerial Conference.

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