KORUS FTA, art. 23.2, No.2. The exception states: „Nothing in the agreement should be construed: (a) require a contracting party to provide or provide access to information which it considers to be contrary to its essential security interests; or (b) to prevent a party from implementing the measures it deems necessary to fulfil its obligations with respect to the maintenance or restoration of peace or international security or the protection of its own essential security interests.“ KORUS FTA, art. 23.2. In the past, the United States has viewed such clauses as self-assessment, i.e. their referral is not subject to third party judgment. See z.B. North American Free Trade Agreement Statement of Administrative Action, H.Doc.103-159, at 666 (with the indication that NAFTA Section 2102, the national security exception to the agreement, is „self-judgment, although each government expects the provision to be applied in good faith by others“). Further discussions in general can be found under John H. Jackson – Andreas F. Lowenfeld, Helms-Burton, USA and the WTO, ASIL Insight (March 1997), on www.asil.org/insight7.cfm. In this context, legislation to implement free trade agreements generally contains a provision that reads: „No provision of the agreement, nor the application of such a provision to a person or circumstances inconsistent with a U.S. law, has any effect.“ See z.B.
United States-Peru Trade Promotion Agreement Implementation Act (PTPA Act), P.L. 110-138, No. 102 (a), 19 Us-Peru.C. The provisions of the free trade agreement on WTO provisions are flying. They provide that all companies are treated in the same way and that Panama ratifies or adheres to various international IP agreements. Trademark registration is best imposed by a transparent online process and a specific system for resolving disputes concerning internet domain issues, including requirements. Copyright rules clarify the use of digital materials (beyond TRIPS standards), including the rights to temporary copies of works on computers (music, Videos, software, text), exclusive copyrights for the release of their works, extended guarantees for copyrighted materials, strict anti-circumvention rules to prohibit the manipulation of technologies, obligation for governments to use only legitimate computer software, prohibition of unauthorized reception or broadcasting of encrypted satellite signals and rules of liability of internet service providers.