United States-Republic of Korea Digital Trade Enforcement Act

The United States-Republic of Korea Digital Trade Enforcement Act addresses concerns that South Korea's economic and digital trade policies disadvantage United States companies and contribute to a significant trade deficit. Congress notes that while the US and ROK share a vital partnership, South Korean policies often hinder US investment and may favor Chinese technology firms through proposed digital regulations. The bill establishes a policy for the U.S. Government to fully enforce the United States-Korea Free Trade Agreement and utilize Section 301 of the Trade Act of 1974. This aims to counter discriminatory digital policies and targeted enforcement measures, such as office raids or threats of prosecution, that unfairly impact U.S. firms. The legislation mandates that the United States Trade Representative (USTR) submit a report to Congress within 30 days of any South Korean law or regulation that discriminates against U.S. online or digital platform operators. This report must determine if the action negatively impacts a U.S. entity, violates trade agreements, or constitutes an unjustifiable, unreasonable, or discriminatory burden on U.S. commerce. If such a determination is affirmative, the USTR is authorized to undertake measures to protect U.S. commerce, including initiating disputes under the World Trade Organization or the US-Korea Free Trade Agreement, or launching a Section 301 investigation.