Ministry of Trade Industry and Resources

The Cabinet of Korea approved amendments to the Enforcement Decree of the Foreign Trade Act on October 13, 2026. The amendments set out details on matters delegated by the Foreign Trade Act, which was amended on April 21, 2026. They specify the scope and procedures of investigations for imposing export and import restrictions; the scope of statistical data that may be requested from the Korea Customs Service (KCS) to support the use of trade agreements; and requirements for designating institutions that support businesses in using trade agreements and for revoking their designation. 

The key changes to the Act adopted in April are outlined below.

First, the amended Act expands the grounds for imposing export and import restrictions to protect national interests against an increasingly diverse range of trade risks. Previously, these restrictions were permitted only in circumstances such as war, civil unrest, natural disasters, unfair discrimination by trading partners, or the need to maintain international peace. They may now also be imposed to address national security threats or protect individuals’ and companies’ information, public morals, or national treasures. 

Second, the amended Act allows requests to KCS for preferential tariff statistics to help small and medium-sized enterprises (SMEs) and middle market enterprises use trade agreements. It also establishes a legal basis for institutions that provide this support. These provisions aim to help these businesses respond systematically to changes in the trade environment.

Accordingly, the amendments to the Enforcement Decree update the rules governing investigations for imposing export and import restrictions. They also clarify provisions on requesting data to support the use of trade agreements and designating institutions that provide this support.

First, the amendments specify the scope and methods of investigations for imposing export and import restrictions. They establish procedures for consulting experts and gathering stakeholder views, and provide for detailed investigation rules to be prescribed by public notice. These rules will govern the investigations, thereby supporting the effective implementation of export and import restrictions.

The amendments also specify which statistics on preferential tariffs KCS is to provide for support programs. These include export and import values eligible for preferential tariff treatment, values that actually received such treatment, and preferential tariff utilization rates for exports and imports. The data will support programs that systematically help SMEs and middle market enterprises use trade agreements and respond to changes in the trade environment.

Finally, the amendments clarify the legal status and oversight framework of institutions that support businesses in using trade agreements to enable a systematic and stable response to changes in the trade environment. The amendments set out designation requirements and procedures, as well as grounds for revoking designation, including continued failure to meet those requirements or clearly improper performance of duties. They also establish a legal basis for hearings before designation is revoked.

The amended Enforcement Decree is scheduled to take effect on October 22, together with the April amendments to the Foreign Trade Act. The Ministry of Trade, Industry and Resources (MOTIR, Minister JK Kim) will work to protect national interests against an increasingly diverse range of security threats. Amid rapid changes in the trade environment, the ministry plans to establish a support framework through public-private cooperation, including institutions that help businesses use trade agreements, and provide a clear legal basis for KCS to supply data. These steps will help MOTIR effectively deliver programs supporting the use of trade agreements and other related initiatives.