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  • 1.

    What statutes or regulations govern procurement of defence and security articles?

  • 2.

    How are defence and security procurements identified as such and are they treated differently from civil procurements?

  • 3.

    How are defence and security procurements typically conducted?

  • 4.

    Are there significant proposals pending to change the defence and security procurement process?

  • 5.

    Are there different or additional procurement rules for IT versus non-IT goods and services?

  • 6.

    Are most defence and security procurements conducted in accordance with the GPA or other treaty-based procurement rules, or does this jurisdiction commonly use the national security exemption to procure them?

  • 7.

    How are disputes between the government and defence contractor resolved?

  • 8.

    To what extent is alternative dispute resolution used to resolve conflicts? What is typical for this jurisdiction?

  • 9.

    What limits exist on the government’s ability to indemnify the contractor in this jurisdiction and must the contractor indemnify the government in a defence procurement?

  • 10.

    Can the government agree to limit the contractor’s liability under the contract? Are there limits to the contractor’s potential recovery against the government for breach?

  • 11.

    Is there risk of non-payment when the government enters into a contract but does not ensure there are adequate funds to meet the contractual obligations?

  • 12.

    Under what circumstances must a contractor provide a parent guarantee?

  • 13.

    Are there mandatory procurement clauses that must be included in a defence procurement contract or that will be read into the contract regardless of their actual inclusion?

  • 14.

    How are costs allocated between the contractor and government within a contract?

  • 15.

    What disclosures must the contractor make regarding its cost and pricing?

  • 16.

    How are audits of defence and security procurements conducted in this jurisdiction?

  • 17.

    Who gets the ownership rights to intellectual property created during performance of the contract? What licences are typically given and how?

  • 18.

    Are there economic zones or other special programmes in this jurisdiction commonly utilised by foreign defence and security contractors for financial or other procurement-related benefits?

  • 19.

    Describe the process for forming legal entities, including joint ventures, in this jurisdiction.

  • 20.

    Are there statutes or regulations enabling access to copies of government records? How does it work? Can one obtain versions of previous contracts?

  • 21.

    What are the rules regarding eligible suppliers and supply-chain management and anti-counterfeit parts for defence and security procurements?

  • 22.

    What export controls limit international trade in defence and security articles? Who administers them?

  • 23.

    What domestic preferences are applied to defence and security procurements? Can a foreign contractor bid on a procurement directly?

  • 24.

    Are certain treaty partners treated more favourably?

  • 25.

    Are there any boycotts, embargoes or other trade sanctions between this jurisdiction and others?

  • 26.

    Are defence trade offsets part of this country’s defence and security procurement regime? How are they administered?

  • 27.

    When and how may former government employees take up appointments in the private sector and vice versa?

  • 28.

    How is domestic and foreign corruption addressed and what requirements are placed on contractors?

  • 29.

    What are the registration requirements for lobbyists or commercial agents?

  • 30.

    Are there limitations on the use of agents or representatives that earn a commission on the transaction?

  • 31.

    How are aircraft converted from military to civil use, and vice versa?

  • 32.

    What restrictions are there on manufacture and trade of unmanned aircraft systems or drones?

  • 33.

    Which domestic labour and employment rules apply to foreign defence contractors?

  • 34.

    Are there any specific rules that contractors, foreign or domestic, are bound by in defence contracts?

  • 35.

    Do contractors avail themselves of these rules when they perform work exclusively outside of the jurisdiction?

  • 36.

    Must directors, officers or employees of the contractor provide personal information or certify that they fulfil any particular requirements to contract with a government entity?

  • 37.

    What registration or licensing requirements exist to operate in the defence and security sector in the jurisdiction?

  • 38.

    What environmental statutes or regulations must contractors comply with?

  • 39.

    Must companies meet environmental targets? What are these initiatives and what agency determines compliance?

  • 40.

    Do ‘green’ solutions have an advantage in procurements?

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Yoon & Yang is a full-service law firm providing both domestic and foreign clients with high-quality legal services in international transactions, mergers and acquisitions, securities, finance, tax, antitrust and fair trade, intellectual property, telecommunications, foreign investment, labor and employment, insolvency, real estate, other corporate and business matters, and litigation, arbitration and other dispute resolution, including white-collar crimes.

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F: +82 2 6003 7800


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