ADMINISTRATIVE ARRANGEMENT

FOR THE IMPLEMENTATION OF THE AGREEMENT

ON SOCIAL SECURITY BETWEEN

THE GOVERNMENT OF THE REPUBLIC OF KOREA

AND

THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL

The Competent Authority of the Government of the Republic of Korea and the Competent Authority of the Government of the Federative Republic of Brazil,

According to Article 14 of the Agreement on Social Security between the Government of the Republic of Korea and the Government of the Federative Republic of Brazil, hereinafter referred to as "Parties", signed at ...(place), on ...(date), hereinafter referred to as the "Agreement",

Have agreed on the following provisions:

PART I

General Provisions

Article 1

Definitions

The terms and expressions used in this Administrative Arrangement will have the same meaning as in the Agreement.

Article 2

Liaison Agencies

1. As established in sub-paragraph (f) of paragraph 1 of Article 1 of the Agreement, the designated Liaison Agencies will be:

(a) for Korea,

the National Pension Service; and

(b) for Brazil,

the National Institute of the Social Insurance – INSS

2. The Liaison Agencies will jointly decide on the procedures and forms necessary for the implementation of the Agreement and this Administrative Arrangement, aiming to facilitate the implementation of those instruments.

3. As regards Brazil, the INSS may designate an Agency of Social Security for International Agreements as a Liaison Agency, and that agency will be responsible for the exchange of the documentation and procedures necessary to implement this Administrative Arrangement.

PART II

Provisions on Applicable Legislation

Article 3

Certificate of Coverage

1. Where the national legislation of one Side is applicable in accordance with any of the provisions of Part II of the Agreement, the Competent Institution of that Party will issue upon request of the employer a certificate stating that the worker is subject to the national legislation of that Side and indicating the duration for which the certificate will be valid. This certificate will be proof that the worker is exempt from the national legislation on compulsory insurance of the other Party in accordance with the Agreement.

2. The Competent Institution of one Party which issues the certificate referred to in paragraph 1 of this Article will furnish one copy of this certificate to the employer, another to the worker and a third to the Liaison Agency of the other Party.

3. The period of detachment granted according to paragraph 1 of Article 6 of the Agreement may be extended without any notice to the other Party, provided that the new period does not exceed the 5 years as established in the Agreement.

4. In accordance with paragraph 3 of Article 6 of the Agreement, in cases of period extension, the Competent Institution, in possession of the employer's request, will confirm with the Competent Institution of the other Party that the employee will continue working under the legislation of that Party. The request for extension will be made by the employer before the initial period of detachment expires.

5. For the situations specified in Articles 7, 8 and 9 of the Agreement, the Certificate of Coverage will not be issued.

PART III

Provisions on Benefits

Article 4

Processing a Claim

1. If the Competent Institution of one Party receives a claim for a benefit under the national legislation of the other Party, it will send the claim to the Competent Institution of the other Party, indicating the date on which the claim was received.

2. Along with the claim, the Competent Institution of the first Party will also transmit any documentation and information available to it which may be necessary for the Competent Institution of the other Party to establish the claimant's eligibility for the benefit.

3. The personal data regarding a claimant and his/her dependants contained in the claim will be verified by the Competent Institution of the first Party, which will confirm that the information is corroborated by documentary evidence.

4. In addition to the claim and documentation referred to in paragraphs 1 and 2 of this Article, the Competent Institution of the first Party will send to the Competent Institution of the other Party a liaison form which will indicate the period of coverage completed under the national legislation of the first Party.

5. The Competent Institution of the other Party will subsequently determine the eligibility of  claimant's entitlement and, notify the claimant and the Competent Institution of the first Party of their decision by sending the liaison form stating the periods of coverage completed under the national legislation that result in the entitlement to the benefit of the first Party.

Article 5

Eligibility for Disability Benefits

For determining eligibility for disability benefits, the Competent Institution of one Party will submit the available documents and medical reports as well as the administrative data, without any charges, to the Competent Institution of the other Party, which will determinate the fulfillment of the requirements necessary to the entitlement to the benefit.

Article 6

Payment of Benefits

1. Subject to Article 22 of the Agreement, the Competent Institutions of the Parties will pay benefits directly to the entitled beneficiaries.

2. When the Competent Institution of one Party pays benefits, the currency conversion rate will be the rate of exchange in effect on the day when the payment is sent to the other Party.

PART IV

Miscellaneous Provisions

Article 7

Administrative Assistance

1. Upon request, the administrative assistance will be provided free of charge as established under paragraph 1 of Article 16 of the Agreement. The Competent Authorities or Competent Institutions may agree on the refund of other expenses.

2. The documents and medical reports referred to in Article 5 of this Administrative Arrangement will be provided without any charge and will be submitted along with the application for disability benefit, subject to the domestic laws on medical confidentiality of each Party.

3. If the Competent Institution of one Party requires that a claimant or a beneficiary who resides or stays in the national territory of the other Party undergo a complementary medical exam, the Competent Institution of the other Party, at the request of the Competent Institution of the first Party, will make arrangements for carrying out this examination in accordance with its rules and at the expense of the requesting Competent Institution.

4. The costs related to the requested complementary medical exams will be refunded by the requesting Competent Institution. The refund will be made within 120 days of the annual presentation of detailed receipts of those exams to the Competent Institution that performed them. Such expenses will not be refunded when the exams are performed in the interest of both Parties.

5. In order to verify if an entitlement to a benefit will be kept according to the law of the Parties, the Competent Institutions of the Parties will exchange data regarding the death of beneficiaries residing in both Parties.

6. The Liaison Agencies will jointly decide on the procedures and forms necessary for data exchange.

Article 8

Correspondence and Language

For the purposes stated in paragraph 3 of Article 19 of the Agreement, the letters of procuration and the documents regarding proof of life may be presented translated into the language of the destination Party.

Article 9

Exchange of Statistics

The Competent Institutions of the Parties will exchange statistics on an annual basis (in January) regarding the number of certificates which each has issued under Paragraph 3 of this Administrative Arrangement and the payments which each has made under the Agreement. These statistics will include data on the number of beneficiaries and the total amount of benefits paid, by type of benefit and will be exchanged in a form to be decided jointly by the Competent Institutions.

Article 10

Electronic exchange of documents and forms

1. As agreed between the Competent Institutions or the Liaison Agencies, the documents and forms may be sent by electronic means, and may be considered completely valid by both Parties.

2. The Liaison Agencies will jointly decide on the procedures and forms necessary for electronic exchange of documents and forms.

Article 11

Entry into Effect

This Administrative Arrangement will take effect on the date of the entry into force of the Agreement and will have the same period of duration.

Article 12

Additional Provisions

This Administrative Arrangement will be carried out only within the framework of the Agreement and the respective legislation of the two countries, and is not intended to create any legally binding obligations beyond the Agreement.

Signed in duplicate at ……. (place),  on ……. (date), in the Korean, Portuguese and English languages, each text being equally valid. In case of any divergence of interpretation, the English text will prevail.

For the Ministry of Health and Welfare of the Government of the Republic of Korea	For the Ministry of Social Security of the Government of the Federative Republic of Brazil