Facilities
and Areas and the Status
of
United States Armed Forces in Korea
Agreement
Between the
United
States of America
And
the Republic of Korea
signed at Seoul July 9, 1966;
with
Agreed minutes, Agreed Understandings,
and Exchange of Letters.
AGREEMENT
UNDER ARTICLE IV
OF THE MUTUAL DEFENSE TREATY
BETWEEN THE UNITED STATES OF
AMERICA AND THE REPUBLIC OF KOREA,
REGARDING FACILITIES AND AREAS AND
THE STATUS OF UNITED STATES ARMED FORCES
IN THE REPUBLIC OF KOREA
Whereas the United States of
America has disposed its armed forces in and about
the territory of the Republic of Korea pursuant, to the resolutions of the
United Nations Security Council of June 25, 1950, June 27, 1950, and July 7, 1950,
and pursuant to Article IV of the Mutual Defense Treaty between the United States of America and the Republic of
Korea, signed on October 1, 1953;
Therefore, the United States of
America and the Republic of Korea, in order to
strengthen the close bonds of mutual interest between their two countries, have
entered into this Agreement regarding facilities and areas and the status of
United States armed forces in the Republic of Korea in terms as set forth below
ARTICLE I
Definitions
In this Agreement the
expression:
(a).
"members of the United States armed forces" means the personnel on
active duty belonging to the land, sea, or air armed services of the United States of America when in the territory of the
Republic of Korea except for personnel of the United States armed forces
attached to the United States Embassy and
personnel for whom status has been provided in the Military Advisory
Group Agreement of January 26,1950, as amended;
(b).
"civilian component" means the civilian persons of United States
nationality who are in the employ of, serving with, or accompanying the United States armed forces in the Republic of
Korea, but excludes persons who are ordinarily resident in the Republic
of Korea or who are mentioned in paragraph 1 of Article XV; for the purposes of
this Agreement only, dual nationals, i.e., persons having the nationality of
both the United States and the Republic of Korea, who are brought into the
Republic of Korea by the United States shall be considered United States
nationals;
(c).
"dependents" means
(i)
spouse and children under 21;
(ii)
parents, children over 21, or others relatives dependent for over half their
support upon a member of the United States armed forces or civilian component.
ARTICLE
II
Facilities and Areas - Grant and Return
1. (a) The
United States is granted, under Article IV of the Mutual Defense Treaty, the
use of facilities and areas in the Republic of Korea. Agreements as to specific
facilities and areas shall be concluded by the two Governments through the Joint Committee provided for in
Article XXVIII of this Agreement. "Facilities and areas"
include existing furnishings, equipment, and fixtures, wherever located, used
in the operation of such facilities and areas.
(b)
The facilities and areas of which the United States armed forces have the use
at the effective date of this Agreement together with those facilities and
areas which the United States armed forces have returned to the Republic of Korea with the reserved right of re-entry, when
these facilities and areas have been
re-entered by the United States armed forces, shall be considered as the
facilities and areas agreed upon between the
two Governments in accordance with subparagraph (a) above. Records of
facilities and areas of which the United States armed forces have the use or
the right of re-entry shall be maintained through the Joint Committee after
this Agreement comes into force.
2. At the request of
either Government, the Governments of the United States and the Republic of
Korea shall review such agreements and may agree that such facilities and areas
or portions thereof shall be returned to the Republic of Korea or that
additional facilities and areas may be provided.
3. The
facilities and areas used by the United States shall be returned to the Republic of Korea under such conditions as may be
agreed through the Joint Committee whenever they are no longer needed
for the purposes of this Agreement and the United States agrees to keep the
needs for facilities and areas under continual observation with a view toward
such return.
4. (a) When
facilities and areas are temporarily not being used and the Government of the
Republic of Korea is so advised, the Government of the Republic of Korea may make, or permit nationals of the Republic of Korea
to make, interim use of such facilities and areas provided that it is
agreed between the two Governments through the Joint Committee that such use
would not be harmful to the purposes for which the facilities and areas are
normally used by the United States armed forces.
(b)
With respect to facilities and areas which are to be used by the United States
armed forces for limited periods of time, the Joint Committee shall specify in the agreements covering such facilities
and areas the extent to which the provisions of this Agreement shall not
apply.
ARTICLE
III
Facilities and Areas - Security Measures
1. Within the
facilities and areas, the United States may take all the measures necessary for
their establishment, operation, safeguarding and control. In order to provide
access for the United States armed forces to the facilities and areas for their
support, safeguarding, and control, the Government of the Republic of Korea
shall, at the request of the United States armed forces and upon consultation
between the two Governments through the Joint Committee, take necessary measures,
within the scope of applicable laws and regulations,
with respect to land, territorial waters and airspace adjacent to, or in
the vicinities of the facilities and areas. The United States may also take
necessary measures for such purposes upon consultation between the two
Governments through the Joint Committee.
2. (a) The United States agrees not to take the
measures referred to in paragraph 1 in such a manner as to interfere
unnecessarily with navigation, aviation,
communication, or land travel, to, from, or within the territories of
the Republic of Korea.
(b) All questions relating to
telecommunications including radio frequencies for electromagnetic radiating
devices, or like matters, shall continue to be resolved expeditiously in the utmost spirit of coordination and
cooperation by arrangement between the designated communications
authorities of the two Governments.
(c) The Government of the Republic of Korea
shall, within the scope of applicable laws,
regulations and agreements, take all reasonable measures to avoid or
eliminate interference with electromagnetic radiation sensitive devices,
telecommunications devices, or other apparatus required by the United States
armed forces.
3. Operations
in the facilities and areas in use by the Government of the United States shall be carried on with due regard to the public
safety.
ARTICLE IV
Facilities and Areas - Return of Facilities
1. The
Government of the United States is not obliged, when it returns facilities and
areas to the Government of the Republic of Korea on the expiration of this
Agreement or at an earlier date, to restore the facilities and areas to the condition in which they were at the
time they became available to the United States armed forces, or to
compensate 'the Government of the Republic of Korea in lieu of such
restoration.
2. The Government of
the Republic, of Korea is not obliged to make any compensation to the Government
of the United States for any improvements made in facilities and areas or for
the buildings and structures left thereon on
the expiration of this Agreement or the earlier return of the facilities
and areas.
3. The
foregoing provisions shall not apply to any construction which the Government of the United States may undertake
under special arrangements with the Government of the Republic of Korea.
ARTICLE
V
Facilities and Areas -- Cost and Maintenance
1. It is
agreed that the United States will bear for the duration of this Agreement
without cost to the Republic of Korea all expenditures incident to the
maintenance of the United States armed forces in the Republic of Korea, except those to be borne by the Republic of Korea
as provided in paragraph 2.
2. It is agreed that
the Republic of Korea will furnish for the duration of this Agreement without
cost to the United States and make compensation where appropriate to the owners
and suppliers thereof all facilities and areas and rights of way, including
facilities and areas jointly used, such as those at airfields and ports as
provided in Articles II and III. The Government of the Republic of Korea
assures the use of such facilities and areas to the Government of the United States and will hold the Government of the
United States as well as its agencies and employees harmless .from any
third party claims which may be advanced in connection with such use.
ARTICLE
VI
Utilities and Services
1. The United
States armed forces shall have the use of all utilities and services which are
owned, controlled or regulated by the Government of the Republic of Korea or
local administrative subdivisions thereof. The term "utilities and
services" shall include, but not be limited to, transportation and
communications facilities and systems, electricity, -gas, water, steam, heat,
light, power, and sewage disposal. The use of utilities and services as
provided herein shall not prejudice the right of the United States to operate
military transportation, communication power and such other utilities and
services deemed necessary for the operations of the United States armed forces.
This right shall not be exercised in a
manner inconsistent with the operation by the Government of the Republic
of Korea of its utilities and services.
2. The use of such
utilities and services by the United States shall be in accordance with priorities, conditions, and rates or tariffs no less
favorable than those accorded any other user.
ARTICLE VII
Respect for Local Law
It is the duty of members of the
United States armed forces, the civilian component, the persons who are present
in the Republic of Korea pursuant to Article XV, and their dependents, to
respect the law of the Republic of Korea and
to abstain from any activity inconsistent with the spirit of, this Agreement,
and, in particular, from any political activity in the Republic of Korea.
ARTICLE VIII
Entry and Exit
1. The United
States may bring into the Republic of Korea persons who are members of the United States armed forces, the
civilian component, and their dependents, subject to the provisions of
this Article. The Government of the Republic of Korea will be notified at
regular intervals, in accordance with procedures to be agreed between the two
Governments, of numbers and categories of persons entering and departing.
2. Members of the
United States armed forces shall be exempt from passport and visa laws and
regulations of the Republic of Korea. Members of the United States armed forces,
the civilian component, and their dependents shall be exempt from laws and
regulations of the Republic of Korea on the registration and control of aliens,
but shall not be considered as acquiring any right to permanent residence or
domicile in the territory of the Republic of Korea.
3. Upon entry
into or departure from the Republic of Korea members of the United States armed forces shall be in possession
of the following documents
(a) personal identity card showing name,
date of birth, rank and service number, service, and photograph; and
(b) individual or collective travel order
certifying to the status of the individual or
group as a member or members of the United states armed forces and to the
travel ordered. For purposes of their identification while in the Republic of Korea, members of the United States armed forces
shall be in possession of the foregoing personal identity card which
must be presented on request to the appropriate authorities of the Republic of
Korea.
4. Members of the
civilian component, their dependents, and the dependents of members of the United States armed forces shall be in possession
of appropriate documentation issued by the United States authorities so that
their status may be verified by the authorities of the Republic of Korea upon
their entry into or departure from the Republic of Korea, or while in the
Republic of Korea.
5. If the
status of any person brought into the Republic of Korea under paragraph 1 of
this Article is altered so that he would no longer be entitled to such admission, the authorities of the United
States shall notify the authorities of the Republic of Korea and shall,
if such person be required by the authorities
of the Republic of Korea to leave the Republic of Korea, assure that
transportation from the Republic of Korea will be provided within a reasonable
time at no cost to the Government of the Republic of Korea.
6. If the Government
of the Republic of 'Korea has requested the removal from its territory of a
member of the United States armed forces or civilian component or has made an
expulsion order against an ex-member of the United States armed forces or the
civilian component or against a dependent of a member or an ex-member, the
authorities of the United States shall be responsible for receiving the person
concerned into its own territory or otherwise
disposing of him outside the Republic of Korea. This paragraph shall
apply only to persons who are not nationals of the Republic of Korea and have
entered the Republic of Korea as members of the United States armed forces or
civilian component or for the purpose of becoming such members; and to the
dependents of such persons.
ARTICLE IX
Customs and Duties
1. Save as
provided in this Agreement, members of the United States armed forces, the civilian
component, and their dependents shall be subject to the laws and regulations administered by the customs authorities of the
Republic of Korea.
2. All materials,
supplies and equipment imported by the United States armed forces (including
their authorized procurement agencies and their nonappropriated fund
organizations provided for in Article XIII), for the official use of the United
States armed forces or for the use of the members of the United States armed forces, the civilian
component, and their dependents, and materials, supplies and equipment
which are to be used exclusively by the United
States armed forces or are ultimately to be incorporated into articles or
facilities used by such forces, shall be permitted entry into the Republic of
Korea; such entry shall be free from customs duties and other such charges.
Appropriate certification shall be made that such materials, supplies and
equipment are being imported by the United States armed forces (including their
authorized procurement agencies and their nonappropriated fund organizations
provided for in Article XIII), or, in the case of materials, supplies and
equipment to be used exclusively by the United States armed forces or
ultimately to be incorporated into articles or facilities used by such forces,
that delivery thereof is to be taken by the United States armed forces for the
purposes specified above. The exemptions provided in this paragraph shall
extend to materials, supplies and equipment
imported by the United States armed forces for the use of other armed
forces in the Republic of Korea under the Unified Command which receive
logistical support from the United States armed forces.
3. Property
consigned to and for the personal use of members of the United States armed forces, the civilian
component, and their dependents, shall be subject to customs duties and
other such charges, except that no duties or charges shall be paid with respect
to:
(a) furniture, household goods, and personal
effects for their private use imported by the members of the United States
armed forces or civilian component when they
first arrive to serve in the Republic of Korea or by their dependents when they first arrive for reunion with
members of such forces or civilian component:
(b) vehicles and parts imported by members
of the United States armed forces or civilian component for the private use of
themselves or their dependent;
(c) reasonable quantities of personal
effects and household goods of a type which
would ordinarily be purchased in the United States for the private use of
members of the United States armed forces, civilian component, and their
dependents, which are mailed into the Republic of Korea through United States
military post offices.
4. The exemptions
granted in paragraphs 2 and 3 shall apply only to cases of importation of goods and shall not be interpreted
as refunding customs duties and domestic excises collected by the
customs authorities at the time of entry in cases of purchase of goods on which
such duties and excises have already been collected.
5. Customs
examination shall not be made in the following cases:
(a) members of the United States armed
forces under orders, other than leave orders, entering or leaving the Republic
of Korea:
(b) official documents under official seal
and First Class letter mail in the United States military postal channels under
official postal seal:
(c) military cargo consigned to the United
States armed forces.
6. Except as such
disposal may be authorized by the authorities of the United States and of the
Republic of Korea in accordance with mutually agreed conditions, goods imported into the Republic of Korea free of duty shall
not be disposed of in the Republic of Korea to persons not entitled to
import such goods free of duty.
7. Goods imported into the Republic
of Korea free from customs duties and other such charges pursuant to paragraphs 2 and 3,
may be reexported free from customs duties and other such charges.
8. The United States armed forces, in
cooperation with the authorities of the Republic of Korea, shall take such steps as are
necessary to prevent abuse of privileges granted to the United States
armed forces, members of such forces, the
civilian component, and their dependents in accordance with this
Article.
9. (a) In order to prevent offenses against laws
and regulations administered by the customs authorities
of the Government of the Republic of Korea, the authorities of the Republic of Korea and the United States armed forces
shall assist each other in the conduct of inquiries and the collection
of evidence.
(b) The United States armed forces shall
render all assistance within their power to
ensure that articles liable to seizure by, or on behalf of, the customs
authorities of the Government of the Republic of Korea are handed over to those
authorities.
(c) The United States armed forces shall
render all assistance within their power to ensure the payment of duties,
taxes, and penalties payable by members of
such forces or of the civilian component, or their dependents.
(d) The authorities of the United States
armed forces shall provide all practicable
assistance to the customs officials dispatched to military controlled
piers and airports for the purpose of customs inspection.
(e) Vehicles and articles belonging to the
United States armed forces seized by the customs authorities of the Government
of the Republic of Korea in connection with an offense against its customs or
fiscal laws or regulations shall be' handed over to the appropriate authorities
of such forces.
ARTICLE X
Access of Vessels and Aircraft
1. United
States and foreign vessels and aircraft operated by, for, or under the control
of the United States for official purposes shall be accorded access to any port
or airport of the Republic of Korea free from toll or landing charges. When cargo or passengers not accorded the
exemptions of this Agreement are carried on such vessels and aircraft,
notification shall be given to the appropriate authorities of the Republic of
Korea, and the entry into and departure from the Republic of Korea of such
cargo and passengers shall be according to the laws and regulations of the
Republic of Korea.
2. The vessels and
aircraft mentioned in paragraph 1, United States Government-owned vehicles
including armor, and members of the United States armed forces, the civilian
component, and their dependents shall be accorded access to and movement
between facilities and areas in use by the United
States armed forces and between such facilities and areas and the ports
or airports of the Republic of Korea. Such access to and movement between facilities and areas by United States military
vehicles shall be free from toll and other charges.
3. When the
vessels mentioned in paragraph 1 enter ports of the Republic of Korea, appropriate notification shall, under normal conditions, be
made to the proper authorities of the Republic of Korea. Such vessels shall have freedom from compulsory
pilotage, but if a pilot is taken pilotage shall be paid for at
appropriate rates.
ARTICLE XI
Meteorological Services
The Government of the Republic of
Korea undertakes to furnish the United States
armed forces with the following meteorological services in accordance
with arrangements between the appropriate authorities of the two Governments:
(a) meteorological observations from land
and ocean areas including observations from ships;
(b) climatological information including
periodic summaries and historical data wherever available;
(c) telecommunications service to
disseminate meteorological information:
(d) seismographic data.
ARTICLE XII
Air Traffic Control and Navigational Aids
1. All civil
and military air traffic control shall be developed in close coordination and
shall be integrated to the extent necessary for the operation of this Agreement. Procedures, and any subsequent
changes thereto, necessary to effect this coordination and integration
will be established by arrangement between the appropriate authorities of the
two Governments.
2. The United States
is authorized to establish, construct and maintain aids to navigation for vessels and aircraft, both visual and electronic as required,
throughout the Republic of Korea and in the territorial waters thereof. Such navigation aids shall conform generally to the
system in use in the Republic of Korea. The authorities of the United
States and the Republic of Korea which have
established navigation aids shall duly notify each other of their positions
and characteristics and shall give advance notification where practicable before making any changes in them or establishing
additional navigation aids.
ARTICLE XIII
Non-appropriated Fund Organizations
1. (a) Military exchanges, messes, social clubs,
theaters, newspapers and other nonappropriated fund organizations authorized
and regulated by the United States military authorities may be established by
the United States armed forces for the use
of members of such forces, the civilian component, and their dependents.
Except as otherwise provided in this
Agreement, such organizations shall not be subject to Korean
regulations, licenses, fees, taxes, or similar controls.
(b)
when a newspaper authorized and
regulated by the United States military authorities is sold to the general
public, it shall be subject to Korean regulations,
licenses, fees, taxes, or similar controls so far as such circulation is
concerned.
2. No Korean tax shall
be imposed on sales of merchandise or services by such organizations, except as
provided in paragraph 1(b) of this Article. Purchases within the Republic of
Korea of merchandise and supplies by such organizations shall be subject to the
Korean taxes to which other purchasers of such merchandise and supplies are
subject unless otherwise agreed between the two Governments.
3. Except as
such disposal may be permitted by the authorities of the United States and the
Republic of Korea in accordance with mutually agreed conditions, goods which
are sold by such organizations shall not be disposed of in the Republic of Korea to persons not authorized to make purchases
from such organizations.
4. The organizations
referred to in this Article shall, through consultation between the representatives of the two Governments in the Joint
Committee, provide such information
to the tax authorities of the Republic of Korea as is required by tax
legislation of the Republic of Korea.
ARTICLE XIV
Taxation
1. The United
States armed forces shall not be subject to taxes or similar charges on property held, used or transferred by
such forces in the Republic of Korea.
2. Members of the
United States armed forces, the civilian component, and their dependents shall not
be liable to pay any Korean taxes to the Government of the Republic of Korea or
to any other taxing agency in the Republic of Korea on income received as a
result of their service with or employment by the United States armed forces,
including the organizations provided for in Article XIII. Persons in the Republic of Korea solely
by reason of being members of the United States armed forces, the civilian
component, or their dependents shall not be liable to pay any Korean taxes to
the Government of the Republic of Korea or to any taxing agency in the Republic
of Korea on income derived from sources
outside of the Republic of Korea, nor shall periods during which such
persons are in the Republic of Korea be considered
as periods of residence or domicile in the Republic of Korea for the
purpose of Korean taxation. The provisions of this Article do not exempt such
persons from payment of Korean taxes on income derived from Korean sources,
other than those sources referred to in the first sentence of this paragraph,
nor do they exempt United States citizens who claim residence in the Republic
of Korea for United States income tax purposes from payment of Korean taxes on
income.
3. Members of
the United States armed forces, the civilian component, and their dependents
shall be exempt from taxation in the Republic of Korea on the holding, use,
transfer inter se, or transfer by death of movable property, tangible or
intangible, the presence of which in the Republic of Korea is due solely to the
temporary presence of these persons in the Republic of Korea, provided that such exemption shall not apply to
property held for the purpose of investment or the conduct of business
in the Republic of Korea or to any intangible property registered in the
Republic of Korea.
ARTICLE XV
Invited Contractors
1. Persons,
including (a) corporations organized under the laws of the United States, (b)
their employees who are ordinarily resident in the United States, and (c) the
dependents of the foregoing, present in the Republic of Korea solely for the
purpose of executing contracts with the United States for the benefit of the United States armed forces or other
armed forces in the Republic of Korea under the Unified Command
receiving logistical support from the United States armed forces, who are
designated by the Government of the United States in accordance with the
provisions of paragraph 2 below, shall, except as provided in this Article, be
subject to the laws and regulations of the Republic of Korea.
2. The designation
referred to in paragraph 1 above shall be made upon consultation with the
Government of the Republic of Korea and shall be restricted to cases where open
competitive bidding is not practicable due to security considerations, to the
technical qualifications of the contractors involved, to the unavailability of
materials or services required by the United States
standards, or to limitations. of United States law. The designation shall
be withdrawn by the Government of the United States:
(a) upon completion of contracts with the
United States armed forces or other armed forces in the Republic of Korea under
the Unified Command receiving logistical support .from the United States armed
forces:
(b) upon proof that such persons are engaged
in business activities in the Republic of
Korea other than those pertaining to the United States armed forces or
other armed forces in the Republic of Korea under the Unified Command receiving logistical support from the
United States armed forces;
(c)
upon proof that such persons are
engaged in practices illegal in the Republic of Korea.
3. Upon
certification by the appropriate United States authorities as to their identify, such persons shall be accorded the following benefits of
this Agreement:
(a)
accession and movement, as provided
for in Article X, paragraph 2;
(b) entry into the Republic of Korea in
accordance with the provisions of Article VIII;
(c) the exemption from customs duties, and
other such charges provided for in Article IX, paragraph 3, for members of the
United States armed forces, the civilian component, and their dependents;
(d) if authorized by the Government of the
United States, the use of the services of the organizations provided for in
Article XIII;
(e) those provided in Article XVIII,
paragraph 2, for members of the United States armed forces, the civilian
component, and their dependents;
(f) if authorized by the Government of the
United States, the use of military payment certificates, as provided for in
Article XIX;
(g) the use of postal facilities provided
for in Article XX;
(h) the use of utilities and services in
accordance with those priorities, conditions,
rates or tariffs accorded the United States armed forces by Article VI
relating to utilities and services;
(i) exemption from the laws and regulations
of the Republic of Korea with respect to
terms and conditions of employment, and licensing and registration of
businesses and corporations.
4. The
arrival, departure, and place of residence in the Republic of Korea of such persons shall from time to time be notified
by the United States armed forces to the authorities of the Republic of
Korea.
5. Upon
certification by an authorized representative of the United States armed forces, depreciable assets, except houses,
held, used or transferred by such persons exclusively for the execution
of contracts referred to in paragraph 1
shall not be subject to taxes or similar charges of the Republic of
Korea.
6. Upon certification
by an authorized representative of the United States armed forces, such persons
shall be exempt from taxation in the Republic of Korea on the holding, use, transfer by death, or transfer to persons or
agencies entitled to tax exemption
under this Agreement, of movable property, tangible or intangible, the
presence of which in the Republic of Korea is due solely to the temporary
presence of these persons in the Republic of Korea, provided that such
exemption shall not apply to property held for the purpose of investment or the conduct of other business in the
Republic of Korea or to any intangible property registered in the
Republic of Korea.
7. Such
persons shall not be liable to pay income or corporation taxes to the
Government of the Republic of Korea or to any other taxing agency in the
Republic of Korea on any income derived under a contract with the Government of
the United States in connection with the construction, maintenance or operation
of any of the facilities or areas covered by this Agreement. Such persons shall
not be liable to pay any Korean taxes to the Government of the Republic of
Korea or to any taxing agency in the Republic of Korea on income derived from sources outside of the Republic of Korea nor
shall periods during which such persons are in the Republic of Korea be
considered periods of residence or domicile
in the Republic of Korea for the purposes of Korean taxation. The
provisions of this paragraph do not exempt such persons from payment of income
or corporation taxes on income derived from Korean sources, other than those
sources referred to in the first sentence of this paragraph, nor do they exempt
such persons who claim residence in the Republic of Korea for United States
income tax purposes from payment of Korean taxes on income.
8. The authorities
of the Republic of Korea shall have the right to exercise jurisdiction over
such persons for offenses committed in the Republic of Korea and punishable by
the law of the Republic of Korea. In recognition of the role of such persons in the defense of the Republic of
Korea, they shall be subject to the provisions of paragraphs 5, 7(b),
and 9 and the related Agreed Minutes, of Article XXII. [ [1]
] In those cases in which the authorities of the Republic of Korea decide
not to exercise jurisdiction, they shall notify the military authorities of the
United States as soon as possible. Upon such notification, the military
authorities of the United States shall have the right to exercise such
jurisdiction over the persons referred to as is conferred on them by the law of
the United States.
ARTICLE XVI
Local Procurement
1. The United
States may contract for any materials, supplies, equipment and services
(including construction work) to be furnished or undertaken in the Republic of Korea for purposes of, or authorized
by, this Agreement, without restriction as to choice of contractor,
supplier or person who provides such services. Such materials, supplies,
equipment and services may, upon agreement
between the appropriate authorities of the two Governments, also be
procured through the Government of the Republic of Korea.
2. Materials, supplies,
equipment and services which are required from local sources for the
maintenance of the United States armed forces and the procurement of which may
have an adverse effect on the economy of the Republic
of Korea shall be procured in coordination with, and, when desirable,
through or with the assistance of, the competent authorities of the Republic of
Korea.
3. Materials,
supplies, equipment and services procured for official purposes in the Republic
of Korea by the United States armed forces, including their authorized procurement agencies, or procured for
ultimate use by the United States armed forces shall be exempt from the following Korean taxes upon appropriate
certification in advance by the United States armed forces:
(a) commodity tax;
(b) traffic tax;
(c) petroleum tax;
(d) electricity and gas tax;
(e) business tax.
With respect to any present or
future Korean taxes not specifically referred to in this Article which might be
found to constitute a significant and readily identifiable part of the gross
purchase price of materials, supplies, equipment and services procured by the United States armed forces, or for ultimate
use by such forces, the two Governments will agree upon a procedure for
granting such exemption or relief therefrom as is consistent with the purpose
of this Article.
4. Neither members
of the United States armed forces, civilian component, nor their dependents,
shall by reason of this Article enjoy any exemption from taxes or similar charges relating to personal
purchases of goods and services in the Republic of Korea chargeable
under legislation of the Republic of Korea.
5. Except as
such disposal may be authorized by the authorities of the United States and the
Republic of Korea in accordance with mutually agreed conditions, goods
purchased in the Republic of Korean exempt from taxes referred to in paragraph 3, shall not be disposed of in the Republic of
Korea to persons not entitled to purchase such goods exempt from such
taxes.
ARTICLE
XVII
Labor
1. In this
Article the expression:
(a)
"employer" refers to the United States armed forces (including nonappropriated fund organizations) and the persons
referred to in the first paragraph of Article XV;
(b)
"employee" refers to any civilian (other than a member of the
civilian component or a contractor employee under Article XV) employed by an employer, except (1) a member of the Korean
Service Corps and (2) a domestic employed by an individual member of the
United States armed forces, civilian component or dependent thereof. Such
employees shall be nationals of the Republic of Korea.
2. Employers may
recruit, employ and administer their personnel. Recruitment services of the Government of the Republic of Korea will be
utilized insofar as is practicable. In case employers accomplish direct
recruitment of employees, employers will provide such relevant information as may be required for labor administration to the
Office of Labor Affairs of the Republic of Korea.
3. To the
extent not inconsistent with the provisions of this Article or the military
requirements of the United States armed forces, the conditions of employment, compensation, and labor-management
relations established by the United States armed forces for their
employees shall conform with provisions of labor legislation of the Republic of
Korea.
4. (a) In
consideration of provision for collective action in labor legislation of the
Republic of Korea, any dispute between employers and employees or any recognized employee organization, which cannot be
settled through grievance or labor relations procedures of the United
States armed forces, shall be settled as follows:
(i)
The dispute shall be referred to the Office of Labor Affairs of the Republic of Korea for conciliation.
(ii)
In the event that the dispute is not settled by the procedure described in (i) above, the matter will be referred to the Joint
Committee, which may refer the matter to a special committee designated
by the Joint Committee for further conciliation efforts.
(iii)
In the event that the dispute is not settled by the procedures outlined above, the Joint Committee will resolve the
dispute, assuring that expeditious procedures are followed. The
decisions of the Joint Committee shall be binding.
(iv)
Failure of any recognized employee organization or employee to abide by the
decision of the Joint Committee on any dispute, or engaging in practices
disruptive of normal work requirements during settlement procedures, shall be considered just cause for the withdrawal of
recognition of that organization and the discharge of that employee.
(v)
Neither employee organizations nor employees shall engage in any practices disruptive of normal work requirements
unless a period of at least 70 days has elapsed after the dispute is
referred to the Joint Committee, as stipulated in subparagraph (ii), above.
(b) Employees or any employee organization
shall have the right of further collective action in the event a labor dispute
is not resolved by the foregoing procedures except in cases where the Joint
Committee determines such action seriously hampers military operations of the
United States armed forces for the joint defense of the Republic of Korea. In
the event an agreement cannot be reached on this question in the Joint
Committee, it may be made the subject of review through discussions between
appropriate officials of the Government of
the Republic of Korea and the diplomatic mission of the United States of
America.
(c) In the event of a national emergency,
such as war, hostilities, or situations where
war or hostilities may be imminent, the application of this Article shall
be limited in accordance with emergency
measures taken by the Government of the Republic of Korea in
consultation with the military authorities of the United States.
5. (a) Should
the Republic of Korea adopt measures allocating labor, the United States armed
forces shall be accorded allocation privileges no less favorable than those enjoyed by the armed forces of the Republic of
Korea.
(b)
In the event of a national emergency, such as war, hostilities, or situations where war or hostilities may be imminent,
employees who have acquired skills essential to the mission of the
United States armed forces shall, upon request of the United States armed
forces, be deferred through mutual consultation from Republic of Korea military
service or other compulsory service. The United States armed forces shall
furnish in advance to the Republic of Korea lists of those employees deemed
essential.
6. Members of the
civilian component shall not be subject to laws or regulations of the Republic of Korea with respect to their terms and
condition of employment.
ARTICLE XVIII
Foreign Exchange Controls
1. Members of
the United States armed forces, the civilian component and their dependents,
shall be subject to the foreign exchange controls of the Government of the
Republic of Korea.
2. The preceding
paragraph shall not be construed to preclude the transmission into or out of the Republic of Korea of United States
dollars or dollar instruments representing the official funds of the
United States or realized as a result of service or employment in connection
with this Agreement by members of the United States armed forces and the
civilian component, or realized by such persons and their dependents from
sources outside of the Republic of Korea.
3. The United
States authorities shall take suitable measures to preclude the abuse of the privileges stipulated in the
preceding paragraph or circumvention of the foreign exchange controls of
the Republic of Korea.
ARTICLE XIX
Military Payment Certificates
1. (a) United States military payment
certificates denominated in dollars may be used by persons authorized by the
United States for internal transactions. The Government of the United States
will take appropriate action to ensure that authorized personnel are prohibited
from engaging in transactions involving military payment certificates except as
authorized by United states regulations. The Government of the Republic of
Korea will take necessary action to prohibit unauthorized persons from engaging in transactions involving military
payment certificates and with the aid of United States authorities will
undertake to apprehend and punish any person or persons under its jurisdiction
involved in the counterfeiting or uttering of counterfeit military payment
certificates.
(b)
It is agreed that the United States authorities will, to the extent authorized
by United States law, apprehend and punish members of the United States armed
forces, the civilian component, or their dependents, who tender military
payment certificates to unauthorized persons and that no obligation will be due to such unauthorized persons or to the
Government of the Republic of Korea
or its agencies from the United States or any of its agencies as a result
of any unauthorized use of military payment
certificates within the Republic of Korea.
2. In order to
exercise control of military payment certificates the United States may
designate certain American financial institutions to maintain and operate,
under United States supervision, facilities for the use of persons authorized
by the United States to use military payment certificates. Institutions
authorized to maintain military banking facilities will establish and maintain
such facilities physically separated from their Korean commercial banking
business, with personnel whose sole duty is to maintain and operate such
facilities. Such facilities shall be permitted to maintain United States currency bank accounts and to
perform all financial transactions in
connection therewith including receipt and remission of funds to the extent
provided by Article XVIII, paragraph 2, of this Agreement.
ARTICLE XX
Military Post Offices
The United States may establish
and operate, within the facilities and areas in use
by the United States armed forces, United States military post offices for the use of members of the United States armed
forces, the civilian component, and their dependents, for the
transmission of mail between United States military post offices in the
Republic of Korea and between such military post offices and other United
States post offices.
ARTICLE XXI
Accounting Procedures
It is agreed that arrangements
will be effected between the Governments of the
United States and the Republic of Korea for accounting applicable to financial
transactions arising out of this Agreement.
ARTICLE XXII
Criminal Jurisdiction
1. Subject to
the provisions of this Article,
(a) the military authorities of the United
States shall have the right to exercise within the Republic of Korea all
criminal and disciplinary jurisdiction conferred
on them by the law of the United States over members of the United
States armed forces or civilian component, and their dependents;
(b) the authorities of the Republic of Korea
shall have jurisdiction over the members of
the United States armed forces or civilian component, and their
dependents, with respect to offenses committed within the territory of the
Republic of Korea and punishable by the law of the Republic of Korea.
2. (a) The military authorities of the United
States shall have the right to exercise
exclusive jurisdiction over members of the United States armed forces or
civilian component, and their dependents, with respect to offenses, including offenses relating to its security,
punishable by the law of the United States, but not by the law of the
Republic of Korea.
(b) The authorities of the Republic of Korea
shall have the right to exercise exclusive jurisdiction over members of the
United States armed forces or civilian component, and their dependents, with
respect to offenses, including offenses
relating to the security of the Republic of Korea, punishable by its law
but not by the law of the United States.
(c) For the purpose of this paragraph and of
paragraph 3 of this Article, a security offense against a State shall include:
(i) treason against the State;
(ii) sabotage, espionage or violation of any
law relating to official secrets of that State, or secrets relating to the
national defense of that State.
3. In cases
where the right to exercise jurisdiction is concurrent, the following rules shall apply:
(a) The military authorities of the United
States shall have the primary right to exercise jurisdiction
over members of the United States armed forces or civilian component, and their
dependents, in relation to:
(i) offenses solely against the property or
security of the United States, or offenses solely against the person or
property of another member of the United States armed forces or civilian
component or of a dependent:
(ii) offenses arising out of any act or
omission done in the performance of official duty.
(b)
In the case of any other offense,
the authorities of the Republic of Korea
shall have the primary right to exercise jurisdiction.
(c)
If the State having the primary
right decides not to exercise jurisdiction, it
shall not if the authorities of the other State as soon as practicable. The
authorities of the State having the primary right shall give sympathetic consideration to a request from the authorities of
the other State for a waiver of its right in cases where that other
State considers such waiver to be of particular importance.
4. The foregoing
provisions of this Article shall not imply any right for the military authorities of the United States to
exercise jurisdiction over persons who are nationals of or ordinarily
resident in the Republic of Korea, unless they are members of the United States
armed forces.
5. (a) The military authorities of the United
States and the authorities of the Republic of Korea shall assist each other in
the arrest of members of the United States
armed forces, the civilian component, or their dependents in the
territory of the Republic of Korea and in handing them over to the authority
which is to have custody in accordance with the following provisions.
(b) The authorities of the Republic of Korea
shall notify promptly the military authorities of the United States of the
arrest of any member of the United States armed forces, or civilian component,
or a dependent. The military authorities of the United States shall promptly
notify the authorities of the Republic of
Korea of the arrest of a member of the United States armed forces, the
civilian component, or a dependent in any case in which the Republic of Korea
has the primary right to exercise jurisdiction.
(c) The custody of an accused member of the United
States armed forces or civilian component, or of a dependent, over whom the
Republic of Korea is to exercise
jurisdiction shall, if he is in the hands of the military authorities of the
United States remain with the military authorities of the United States pending
the conclusion of all judicial proceedings and until custody is requested by
the authorities of the Republic of Korea. If he is in the hands of the Republic
of Korea, he shall, on request, be handed over to the military authorities of
the United States and remain in their custody pending completion of all
judicial proceedings and until custody is requested by the authorities of the Republic of Korea. When an
accused has been in the custody of the military authorities of the
United States, the military authorities of the United States may transfer custody to the authorities of the Republic of
Korea at any time, and shall give sympathetic consideration to any
request for the transfer of custody which may be made by the authorities of the
Republic of Korea in specific cases. The military authorities of the United
States shall promptly make any such accused available to the authorities of the
Republic of Korea upon their request for purposes of investigation and trial,
and shall take all appropriate measures to
that end and to prevent any prejudice to the course of justice. They
shall take full account of any special request regarding custody made by the
authorities of the Republic of Korea. The authorities of the Republic of Korea
shall give sympathetic consideration to a request from the military authorities
of the United States for assistance in maintaining custody of an accused member
of the United States armed forces, the civilian component, or a dependent.
(d)
In respect of offenses solely against
the security of the Republic of Korea provided in paragraph
2©, an accused shall be in the custody of the authorities of the Republic of
Korea.
6. (a) The military authorities of the United
States and the authorities of the Republic of Korea shall assist each other in
the carrying out of all necessary investigation into offenses, and in the
collection and production of evidence, including the seizure and, in proper
cases, the handing over of objects connected
with an offense. The handing over of such objects may, however, be made
subject to their return within the time specified by the authority delivering
them.
(b)
The military authorities of the
United States and the authorities of the
Republic of Korea shall notify each other of the disposition of all cases in
which there are concurrent rights to exercise jurisdiction.
7. (a) A death sentence shall not be carried out
in the Republic of Korea by the military authorities of the United States if
the legislation of the Republic of Korea does not provide for such punishment
in a similar case.
(b)
The authorities of the Republic of
Korea shall give sympathetic consideration to a request from the military
authorities of the United States for assistance in carrying out a sentence of
imprisonment pronounced by the military authorities of the United States under
the provisions of this Article within the
territory of the Republic of Korea. The authorities of the Republic of
Korea shall also give sympathetic consideration to a request from the authorities
of the United States for the custody of any member of the United States armed
forces or civilian component or a dependent, who is serving a sentence of
confinement imposed by a court of the Republic of Korea. If such custody is
released to the military authorities of the United States, the United States
shall be obligated to continue the confinement of the individual in an
appropriate confinement facility of the United States until the sentence to
confinement shall have been served in full or until release from such
confinement shall be approved by competent authorities of the Republic of Korea. In such cases, the authorities of the
United States shall furnish relevant information on a routine basis to
the authorities of the Republic of Korea, and a representative of the Government of the Republic of Korea shall have
the right to have access to a member of the United States armed forces,
the civilian component, or a dependent who is serving a sentence imposed by a
court of the Republic of Korea in confinement facilities of the United States.
8. Where an accused
has been tried in accordance with the provisions of this Article either by the military authorities of the
United States or the authorities of the Republic of Korea and has been
acquitted, or has been convicted and is serving, or has served, his sentence,
or his sentence has been remitted or suspended, or he has been pardoned, he may
not be tried again for the same offense within the territory of the Republic of
Korea by the authorities of the other State. However, nothing in this paragraph
shall prevent the military authorities of the United States from trying a
member of its armed forces for any violation of rules of discipline arising
from an act or omission which constituted an
offense for which he was tried by the authorities of the Republic of
Korea.
9. Whenever a member
of the United States armed forces or civilian component
or a dependent is prosecuted under the jurisdiction of the Republic of
Korea, he shall be entitled:
(a) to a prompt and speedy trial:
(b) to be informed, in advance of trial, of
the specific charge or charges made against him:
(c) to be confronted with the witnesses
against him;
(d) to have compulsory process for obtaining
witnesses in his favor, if they are within the jurisdiction of the Republic of
Korea:
(e) to have legal representation of his own
choice for his defense or to have free or
assisted legal representation under the conditions prevailing for the
time being in the Republic of Korea:
(f) if he considers it necessary, to have
the services of a competent interpreter: and
(g) to communicate with a representative of
the Government of the United States and to have such a representative present
at his trial.
10. (a) Regularly constituted military units or
formations of the United States armed forces
shall have the right to police any facilities or areas which they use
under Article II of this Agreement. The military police of such forces may take
all appropriate measures to ensure the maintenance of order and security within
such facilities and areas.
(b)
Outside these facilities and areas,
such military police shall be employed only
subject to arrangements with the authorities of the Republic of Korea and
in liaison with those authorities, and insofar as such employment is necessary
to maintain discipline and order among the members of the United States armed
forces, or ensure their security.
11. In the event of
hostilities to which the provisions of Article II of the Mutual Defense Treaty
apply, the provisions. of this Agreement pertaining to criminal jurisdiction
shall be immediately suspended and the military authorities of the United
States shall have the right to exercise exclusive jurisdiction over members of
the United States armed forces, the civilian component, and their dependents.
12. The provisions of this
Article shall not apply to any offenses committed before the entry into force
of this Agreement. Such cases shall be governed by the provisions of the Agreement between the United States of America and
the Republic of Korea effected by an exchange of notes at Taejon on July
12, 1950. [ [2]
]
ARTICLE
XXIII
Claims
1. Each Party
waives all its claims against the other Party for damage to any property owned by it and used by its armed forces, if such damage
(a) was caused by a member or an employee of
the armed forces of the other Party, in performance of his official duties; or
(b) arose from the use of any vehicle,
vessel or aircraft owned by the other Party
and used by its armed forces, provided either that the vehicle, vessel or
aircraft causing the damage was being used for official purposes or that the
damage was caused to property being so used.
Claims for maritime salvage by one
Party against the other Party shall be waived,
provided that the vessel or cargo salved was owned by the other Party
and being used by its armed forces for official purposes.
2. (a) In the case
of damage caused or arising as stated. in paragraph 1 to other property owned by either Party,
the issue of liability of the other Party shall be determined and the
amount of damage shall be assessed, unless the two Governments agree otherwise,
by a sole arbitrator selected in accordance with subparagraph (b) of this
paragraph. The arbitrator shall also decide any counterclaims arising out of
the same incident.
(b)
The arbitrator referred to in subparagraph (a) above shall be selected by agreement between the two Governments from among the nationals of the
Republic of Korea who hold or have held high judicial office.
(c) Any decision taken by the arbitrator
shall be binding and conclusive upon the Parties.
(d) The amount of any compensation awarded
by the arbitrator shall be distributed in
accordance with the provisions of paragraph 5(e) (i), (ii) and (iii) of
this Article.
(e) The compensation of the arbitrator shall
be fixed by agreement between the two Governments and shall, together with the
necessary expenses incidental to the
performance of his duties, be defrayed in equal proportions by them.
(f) Each Party waives its claim in any such
case up to the amount of 1,400 United States dollars or its equivalent in
Korean currency at the rate of exchange
provided for in the Agreed Minute to Article XVIII [ [3]
] at the time the claim is filed.
3. For the
purpose of paragraphs 1 and 2 of this Article the expression "owned by a
Party" in the case of a vessel includes a vessel on bare boat charter to
that Party or requisitioned by it on bare boat terms or seized by it in prize
(except to the extent that the risk of loss
or liability is borne by some person other than such Party).
4. Each Party waives
all its claims against the other Party for injury or death suffered by any member of its armed forces while
such member was engaged in the performance of his official duties.
5. Claims
(other than contractual claims and those to which paragraph 6 or 7 of this Article apply) arising out of acts or
omissions of members or employees of the United States armed forces,
including those employees who are nationals of or ordinarily resident in the
Republic of Korea, done in the performance of official duty, or out of any
other act, omission or occurrence for which the United States armed forces are
legally responsible, and causing damage in the Republic of Korea to third
parties, other than the Government of the Republic of Korea, shall be dealt
with by the Republic of Korea in accordance with the following provisions:
(a)
Claims shall be filed, considered
and settled or adjudicated in accordance with
the laws and regulations of the Republic of Korea with respect to the
claims arising from the activities of its own armed forces.
(b) The Republic of Korea may settle any
such claims, and payment of the amount agreed upon or determined by
adjudication shall be made by the Republic of Korea in won.
(c) Such payment, whether made pursuant to a
settlement or to adjudication of the case by a competent tribunal of the
Republic of Korea, or the final adjudication by such a tribunal denying
payment, shall be binding and conclusive upon the Parties.
(d) Every claim paid by the Republic of
Korea shall be communicated to the appropriate United States authorities
together with full particulars and a proposed
distribution in conformity with subparagraph (e) (i) and (ii) below. In
default of a reply within two months, the proposed distribution shall be
regarded as accepted.
(e) The cost incurred in satisfying claims
pursuant to the preceding subparagraph and
paragraph 2 of this Article shall be distributed between the Parties as
follows:
(i) Where the United States alone is
responsible, the amount awarded or adjudged shall be distributed in the proportion of 25 percent chargeable to the Republic of
Korea and 75 percent chargeable to the United States;
(ii) Where the Republic of Korea and the
United States are responsible for the damage,
the amount awarded or adjudged shall be distributed equally between
them. Where the damage was caused by the armed forces of the Republic of Korea
or of the United States and it is not possible to attribute it specifically to
one or both of those armed forces, the amount awarded or adjudged shall be
distributed equally between the Republic of Korea and the United States.
(iii) Every half year, a statement of the sums
paid by the Republic of Korea in the course of the half-yearly period in
respect of every case regarding which the
liability, amount and proposed distribution on a percentage basis has been
approved by both Governments shall be sent to the appropriate authorities of
the United States, together with a request for reimbursement. Such
reimbursement shall be made in won within the shortest possible time. The
approval by both Governments as referred to in this subparagraph shall not
prejudice any decision taken by the arbitrator or adjudication by a competent
tribunal of the Republic of Korea as set forth in paragraphs 2(c) and 5(c),
respectively.
(f) Members or employees of the United
States armed forces, including those employees
who are nationals of or ordinarily resident in the Republic of Korea,
shall not be subject to any proceedings for the enforcement of any judgment
given against them in the Republic of Korea in a matter arising from the
performance of their official duties.
(g) Except insofar as subparagraph (e) of
this paragraph applies to claims covered by paragraph 2 of this Article, the
provisions of this paragraph shall not apply to any claim arising out of or in
connection with the navigation or operation
of a ship or the loading, carriage, or discharge of a cargo, other than
claims for death or personal injury to which paragraph 4 of this Article does
not apply.
6. Claims against
members or employees of the United States armed forces (except employees who
are nationals of or ordinarily resident in the Republic of Korea) arising out of tortious acts or omissions in the Republic of
Korea not done in the performance of official duty shall be dealt with
in the following manner:
(a) The authorities of the Republic of Korea
shall consider the claim and assess compensation to the claimant in a fair and just
manner, taking into account all the
circumstances of the case, including the conduct of the injured person, and
shall prepare a report on the matter.
(b) The report shall be delivered to the
appropriate United States authorities, who shall then decide without delay
whether they will offer an ex gratia payment, and if so, of what amount.
(c) If an offer of ex gratia payment
is made, and accepted by the claimant in full satisfaction of his claim, the
United States authorities shall make the payment themselves and inform the
authorities of the Republic of Korea of their decision and of the sum paid.
(d) Nothing in this paragraph shall affect
the jurisdiction of the courts of the Republic
of Korea to entertain an action against a member or employee of the
United States armed forces unless and until there has been payment in full
satisfaction of the claim.
7. Claims arising
out of the unauthorized use of any vehicle of the United States armed forces
shall be dealt with in accordance with paragraph 6 of this Article, except insofar as the United States armed
forces are legally responsible.
8. If a dispute
arises as to whether a tortious act or omission of a member or an employee of the United States armed forces was
done in the performance of official duty or as to whether the use of any
vehicle of the United States armed forces was unauthorized, the question shall
be submitted to an arbitrator appointed in
accordance with paragraph 2(b) of this Article, whose decision on this
point shall be final and conclusive.
9. (a) The United States shall not claim
immunity from the jurisdiction of the courts
of the Republic of Korea for members or employees of the United States
armed forces in respect of the civil jurisdiction of the courts of the Republic
of Korea except in respect of proceedings for the enforcement of any judgment
given against them in the Republic of Korea in a matter arising from the
performance of their official duties or except after payment in full
satisfaction of a claim.
(b) In the case of any private movable
property, excluding that in use by the United States armed forces, which is
subject to compulsory execution under the
law of the Republic of Korea, and is within the facilities and areas in use by
the United States armed forces, the
authorities of the United States shall, upon the request of the courts
of the Republic of Korea, render all assistance within their power to see that
such property is turned over to the authorities of the Republic of Korea.
(c) The authorities of the United States and
the Republic of Korea shall cooperate in the
procurement of evidence for a fair disposition of claims under this
Article.
10. Disputes arising out of
contracts concerning the procurement of materials,
supplies, equipment, or services by or for the United States armed forces,
which are not resolved by the Parties to the contract
concerned, may be submitted to the Joint Committee for conciliation,
provided that the provisions of this paragraph shall not prejudice any right,
which Parties to the contract may have, to file a civil suit.
11. Paragraphs 2 and 5 of
this Article shall apply only to claims arising incident to non- combat
activities.
12. For the purposes of
this Article, members of the Korean Augmentation to the United States Army
(KATUSA) shall be considered as members of the United States armed forces.
13. The provisions of this
Article shall not apply to any claims which arose before the entry into force of this Agreement. Such claims shall be
processed and settled by the authorities of the United States.
ARTICLE
XXIV
Vehicle and Driver's Licenses
1. The
Republic of Korea shall accept as valid, without a driving test or fee, the
driving permit or license or military driving permit issued by the United
States, or political subdivision thereof, to a member of the United States
armed forces, the civilian component, and their dependents.
2. Official vehicles
of the United States armed forces and the civilian component shall carry distinctive numbered plates or individual markings
which will readily identify them.
3. The
Government of the Republic of Korea will license and register those vehicles
privately owned by members of the United States armed forces, the civilian
component, or dependents. The names of the owners of such vehicles and such other pertinent information as is
required by the law of the Republic of Korea to effect the licensing and
registration of such vehicles shall be furnished to the Government of the
Republic of Korea by officials of the Government
of the United States through the Joint Committee. Except for the actual
cost of the issuances of license plates, members of the United States armed
forces, the civilian component, and their dependents shall be exempt from the payment of all fees and charges relating
to the licensing, registration, or operation of vehicles in the Republic
of Korea and, in accordance with the provisions of Article XIV, from the
payment of all taxes relating thereto.
ARTICLE XXV
Security Measures
The United States and
the Republic of Korea will cooperate in taking such steps as may from time to
time be necessary to ensure the security of the United States armed forces, the members thereof, the civilian component,
the persons who are present in the Republic of Korea pursuant to Article
XV, their dependents and their property. The Government of the Republic of
Korea agrees to seek such legislation and to take
such other action as may be necessary to ensure the adequate security and
protection within its territory of installations, equipment, property, records,
and official information of the United States and, consistent with Article
XXII, to ensure the punishment of offenders under the applicable laws of the
Republic of Korea.
ARTICLE XXVI
Health and Sanitation
Consistent
with the right of the United States to furnish medical support for its armed forces, civilian component and their dependents, matters of
mutual concern pertaining to the control and prevention of diseases and the
coordination of other public health, medical, sanitation, and veterinary services shall be resolved by the authorities of
the two Governments in the Joint committee established under Article
XXVIII.
ARTICLE XXVII
Enrollment and Training of Reservists
The
United States may enroll in its reserve forces and train, in the Republic of Korea, eligible United States citizens who are in the Republic of Korea.
ARTICLE XXVIII
Joint Committee
1. A Joint
Committee shall be established as the means for consultation between the
Government of the United States and the Government of the Republic of Korea on all matters requiring mutual
consultation regarding the implementation of this Agreement except where
otherwise provided. In particular, the Joint Committee shall serve as the means
for consultation in determining the facilities and areas in the Republic of
Korea which are required for the use of the United States in carrying out the
purposes of this Agreement.
2. The Joint
Committee shall be composed of a representative of the Government of the United States and a representative of the Government
of the Republic of Korea, each of whom shall have one or more deputies
and a staff. The Joint Committee shall determine its own procedures, arrange
for such auxiliary organs and administrative services as may be required. The
Joint Committee shall be so organized that it may meet immediately at any time
at the request of the representative of
either the Government of the United States or the Government of the
Republic of Korea.
3. If the
Joint Committee is unable to resolve any matter, it shall refer that matter to the respective Governments for further consideration
through appropriate channels.
ARTICLE XXIX
Entry into Force of Agreement
1. This
Agreement shall enter into force three months after the date of a written notification from the Government of the
Republic of Korea to the Government of the United States that it has
approved the Agreement in accordance with its legal procedures. [[4]]
2. The
Government of the Republic of Korea shall undertake to seek from its
legislature all legislative and budgetary action necessary to give effect to
the provisions of this Agreement.
3. Subject to
the provisions of Article XXII, paragraph 12, this Agreement shall, upon its entry into force, supersede and
replace the Agreement between the Government of the United States and
the Government of the Republic of Korea on
jurisdictional matters, effected by an exchange of notes at Taejon on
July 12, 1950.
4. Within the scope
of this Agreement, paragraph 13 of Article III of the Agreement on Economic Coordination between the Republic of Korea and the
Unified Command of May 24, 1952, shall not apply to members of the United
States armed forces, civilian component, invited contractors, or dependents
thereof.
ARTICLE XXX
Revision of Agreement
Either
Government may at any time request the revision of any Article of this Agreement, in which case the two Governments shall enter into
negotiations through appropriate channels.
ARTICLE
XXXI
Duration of Agreement
This Agreement, and agreed revisions
thereof, shall remain in force while the
Mutual Defense Treaty between the United States and the Republic of Korea remains in force unless terminated earlier by
agreement between the two Governments.
In witness whereof the undersigned,
being duly authorized by their respective
Governments, have signed this Agreement.
Done
in duplicate, in the English and Korean languages. Both texts shall have equal
authenticity, but in case of divergence the English text shall prevail.
Done
at Seoul this ninth day of July 1966.
For the United States of
America For
the Republic of Korea
Dean Rusk Tong
won Lee
Winthrop G. Brown Pok
Kee Min
[SEAL] [SEAL]
AGREED MINUTES TO THE
AGREEMENT UNDER ARTICLE IV
OF THE MUTUAL DEFENSE TREATY
BETWEEN THE UNITED STATES OF
AMERICA AND THE REPUBLIC OF KOREA,
REGARDING FACILITIES AND AREAS AND
THE STATUS OF UNITED STATES ARMED
FORCES IN THE REPUBLIC OF KOREA
The Plenipotentiaries of the
United States of America and the Republic of Korea wish to record the following
understanding which they have reached during the negotiations for the Agreement
under Article IV of the Mutual Defense Treaty between the United States of
America and the Republic of Korea, Regarding
Facilities and Areas and the Status of United States Armed Forces in the
Republic of Korea, signed today: [ [5]
]
Article
I
With regard to subparagraph (b),
it is recognized that persons possessing certain skills, not available from
United States or Korean sources, who are nationals of third states, may be
brought into the Republic of Korea by the United
States armed forces solely for employment by the United States armed
forces. Such persons, and third state nationals who are employed by, serving
with, or accompanying the United States armed forces in the Republic of Korea
when this Agreement becomes effective, shall be considered as members of the
civilian component.
Article
III
It is agreed that in the event of
an emergency, the United States armed forces
shall be authorized to take such measures in the vicinity of the facilities and
areas as may be necessary to provide for their safeguarding and control.
Article
IV
1. All
removable facilities erected or constructed by or on behalf of the United States at its expense and all
equipment, material and supplies brought into or procured in the
Republic of Korea by or on behalf of the United States in connection with the
construction, development, operation, maintenance; safeguarding and control of the facilities and areas will remain the
property of the United States Government and may be removed from the
Republic of Korea.
2. All removable
facilities, equipment and material or portions thereof provided by the Republic
of Korea under this Agreement and located within the facilities and areas
referred to in this Article shall be returned to the Republic of Korea whenever they are no longer needed for the purpose of
this Agreement.
Article
VI
1. It is
understood that any changes determined by the authorities of the Republic of Korea in priorities, conditions, and rates or tariffs, applicable to the United States armed forces shall
be the subject of consultation in the Joint Committee prior to their
effective date.
2. This Article will
not be construed as in any way abrogating the Utilities Claims Settlement Agreement of December 18, 1958, which continues in
full force and effect unless otherwise agreed by the two Governments.
3. In an
emergency the Republic of Korea agrees to take appropriate measures to assure
provision of utilities and services necessary to meet the needs of the United
States armed forces.
Article
VIII
1. With regard
to paragraph 3(a), United States armed forces law enforcement personnel (such as Military Police, Shore Patrol, Air Police, Office
of Special Investigations, Criminal Investigation Division, and
Counterintelligence Corps), who engage in military police activities in the
Republic of Korea, will carry a bilingual identity card containing the bearer's
name, position, and the fact that he is a member of a law enforcement agency. This
card will be shown upon request to persons concerned when the bearer is in the
performance of duty.
2. The United States
armed forces will furnish, upon request, to the authorities of the Republic of
Korea, the form of the identification cards of the members of the United States
armed forces, the civilian component, and their dependents and descriptions of
the various uniforms of the United States armed forces in the Republic of
Korea.
3. The final
sentence of paragraph 3 means that members of the United States armed forces
will display their identity cards upon request but will not be required to
surrender them to authorities of the Republic of Korea.
4. Following a
change of status pursuant to paragraph 5, the responsibilities of the United
States authorities under paragraph 6 shall arise only if the expulsion order is
issued within a reasonable time after the notice under paragraph 5 has been
communicated to the authorities of the Republic of Korea.
Article
IX
1. The
quantity of goods imported under paragraph 2 by non-appropriated fund
organizations of the United States armed forces for the use of persons authorized by Article XIII and its Agreed Minute [
[6]
] shall be limited to the extent reasonably required for such use.
2. Paragraph 3(a)
does not require concurrent shipment of goods with travel of owner nor does it
require single loading or shipment. In this connection, members of the United
States armed forces or civilian component and their dependents may import free
of duty reasonable quantities of their
furniture, household goods and personal effect during a period of six
months from the date of their first arrival.
3. The term
" military cargo" as used in paragraph 5(c) is not confined to arms
and equipment but refers to all cargo consigned to the United States armed
forces (including their authorized procurement agencies and their nonappropriated
fund organizations provided for in Article XIII). Pertinent information on cargo
consigned to non-appropriated fund organizations will be furnished on a routine
basis to the authorities of the Republic of Korea. The extent of the pertinent information will be determined by the Joint
Committee.
4. The United States
armed forces will take every practicable measure to ensure that goods will not be imported into the Republic of Korea by or
for the members of the United States armed forces, the civilian
component, or their dependents, the entry of which would be in violation of
customs laws and regulations of the Republic of Korea. The United States armed
forces will promptly notify customs authorities of the Republic of Korea
whenever the entry of such goods is discovered.
5. The customs
authorities of the Republic of Korea may, if they consider that there has been
an abuse or infringement in connection with .entry of goods under Article IX,
take up the matter with the appropriate authorities of the United States armed
forces.
6. The words
"The United States armed forces shall render all assistance within their power," etc., in paragraph 9(b)
and (c) refer to reasonable and practicable measures by the United
States armed forces.
7. It is
understood that the duty-free treatment provided in paragraph 2 shall apply to
materials, supplies, and equipment imported for sale through commissaries and
non-appropriated fund organizations, under such regulations as the United
States armed forces may promulgate, to those individuals
and organizations referred to in Article XIII and its Agree Minute.
Article
X
1. "United
States and foreign vessels . . . operated by, for, or under the control of the
United States for official purposes" means public vessels and chartered
vessels (bare boat charter, voyage charter and time charter). Space charter is
not included. Commercial cargo and private passengers are carried by them only
in exceptional cases.
2. The ports of the
Republic of Korea mentioned herein will ordinarily mean “open ports”.
3. The
exemption from making the “appropriate notification” referred to in paragraph 3
will apply only in unusual cases where such is required for security of the
United States armed forces or similar reasons.
4. The laws and
regulations of the Republic of Korea will be applicable except as specifically
provided otherwise in this Article.
Article
XII
Installation by the United States
armed forces of permanent navigational aids for
vessels and aircraft outside of facilities and areas in use by the United Sates
armed forces will be effected in accordance with the procedures established
under paragraph 1 of Article III.
Article
XIII
The United States armed forces may
grant the use of the organizations referred to in
paragraph 1 of Article XIII to: (a) other officers or personnel of the Government
of the United States ordinarily accorded such privileges; (b) those other
non-Korean armed forces in the Republic of Korea under the Unified Command
which receive logistical support from the United States armed forces, and their
members; (c) those non-Korean persons whose presence in the Republic of Korea
is solely for the purpose of providing contract services financed by the
Government of the United States; (d) those organizations which are present in
the Republic of Korea primarily for the benefit and service of the United
States armed forces, such as the American Red Cross and the United Service
organizations, and their non-Korean personnel; (e) dependents of the foregoing:
and (f) other persons and organizations with the express consent of the Government
of the Republic of Korea.
Article
XV
1. The
execution of contracts with the United States in addition to those specified in paragraph 1 of Article XV shall not
exclude the persons provided for in Article XV from the application of
that Article.
2. Contractor
employees who are present in the Republic of Korea on the effective date of
this Agreement and who would qualify for the privileges contained in Article XV but for the fact that they are not ordinarily
resident in the United States shall be entitled to enjoy such privileges
so long as their presence is for the purpose stated in paragraph 1 of Article
XV.
Article
XVI
1. The United
States armed forces will furnish the authorities of the Republic of Korea with
appropriate information as far in advance as practicable on anticipated major
changes in their procurement program in the Republic of Korea.
2. The problem of a
satisfactory settlement of difficulties with respect to procurement contracts arising out of differences between economic laws
and business practices of the Republic of Korea and the United States
will be studied by the Joint Committee or other appropriate representatives.
3. The
procedures for securing exemptions from taxation on purchases of goods for ultimate use by the United States armed
forces will be as follows:
(a)
Upon appropriate certification by
the United States armed forces that materials, supplies and equipment consigned
to or destined for such forces, are to be used, or wholly or partially used up,
under the supervision of such forces, exclusively in the execution of contracts
for the construction, maintenance or
operation of the facilities and areas referred to in Article V or for the support of the forces therein, or are
ultimately to be incorporated into articles or facilities used by such
forces, an authorized representative of such forces shall take delivery of such
materials, supplies and equipment directly from manufacturers thereof. In such
circumstances the collection of taxes referred to in Article XVI, paragraph 3,
shall be held in abeyance.
(b)
The receipt of such materials,
supplies and equipment in the facilities and areas shall be confirmed by an authorized
representative of the United States armed forces to the authorities of
the Republic of Korea.
(c)
Collection of the taxes on such
materials, supplies and equipment shall be held
in abeyance until
(i) the United States armed forces confirm
and certify the quantity of degree of consumption of the above referred to
materials, supplies and equipment, or
(ii) the United States armed forces confirm
and certify the amount of the above referred to materials, supplies, and
equipment which have been incorporated into
articles or facilities used by the United States armed forces.
(d)
Materials, supplies and equipment
certified under (c) (i) or (ii) shall be exempt from taxes referred to in
Article XVI, paragraph 3, insofar as the price thereof is paid out of appropriations of the Government of the United
States or out of funds contributed by the Government of the Republic of
Korea for disbursement by the Government of the United States.
4. Regarding
paragraph 3 it is understood that "materials, supplies, equipment and services procured for official
purposes" refers to direct procurement by the United States armed
forces or their authorized procurement agencies from Korean suppliers.
"Materials, supplies, equipment and services procured for ultimate
use" refers to procurement by contractors of the United States armed
forces from Korean suppliers of items to be incorporated into or necessary for
the production of the end product of their contracts with the United States
armed forces.
Article
XVII
1. It is
understood that the Government of the Republic of Korea shall be reimbursed for
direct costs incurred in providing assistance requested pursuant to paragraph
2.
2. The undertaking
of the Government of the United States to conform to the provisions of labor
legislation of the Republic of Korea does not imply any waiver by the
Government of the United States of its immunities under international law. The
Government of the United States may terminate employment
at any time the continuation of such employment is inconsistent with the
military requirements of the United States armed forces.
3. Employers
will withhold from the pay of their employees, and pay over to the Government
of the Republic of Korea, withholdings required by the income tax legislation
of the Republic of Korea.
4. When employers
cannot conform with provisions of labor legislation of the Republic of Korea
applicable under this Article on account of the military requirements of the
United States armed forces, the matter shall be referred, in advance, to the
Joint Committee for consideration and appropriate action. In the event mutual
agreement cannot be reached in the Joint Committee regarding appropriate
action, the issue may be made the subject of review through discussions between
appropriate officials of the Government of the Republic of Korea and the diplomatic mission of the United States of
America.
5. A union or
other employee group shall be recognized by the employers unless its objectives are inimical to the common
interests of the United States and the Republic of Korea. Membership or
non-membership in such groups shall not be a factor in employment or other
actions affecting employees.
Article
XVIII
Payment in the Republic of Korea
by the United States armed forces, including
those organizations provided for in Article XIII, to persons other than members
of the United States armed forces, civilian component, their dependents and
those persons referred to in Article XV shall be effected in accordance with
the Foreign Exchange Control Law and regulations of the Republic of Korea. The
funds to be used for these transactions shall be convertible into currency of the Republic of Korea at the highest rate
in terms of the number of Korean won per United States dollar which, at
the time the conversion is made, is not unlawful in the Republic of Korea.
Article
XX
United States military post
offices may be used by the other officers and personnel
of the Government of the United States, and their dependents, ordinarily
accorded such privileges abroad.
Article
XXII
The provisions of this Article
shall not affect existing agreements, arrangements, or practices, relating to
the exercise of jurisdiction over personnel
of the United Nations forces present in the Republic of Korea other than
forces of the United States.
Re
Paragraph 1(a)
It is understood that under the
present state of United States law, the military authorities of the United
States have no effective criminal jurisdiction in peacetime over members of the civilian component or dependents. If the
scope of United States military jurisdiction changes as a result of
subsequent legislation, constitutional amendment, or decision by appropriate
authorities of the United States, the Government of the United States shall
inform the Government of the Republic of Korea through diplomatic channels.
Re
Paragraph 1(b)
1. In the
event that martial law is declared by the Republic of Korea, the provisions of
this Article shall be immediately suspended in the part of the Republic of Korea under martial law, and the
military authorities of the United States shall have the right to
exercise exclusive jurisdiction over members of the United States armed forces
or civilian component, and their dependents, in such part until martial law is
ended.
2. The jurisdiction
of the authorities of the Republic of Korea over members of the United States armed forces or civilian component, and their
dependents, shall not extend to any offenses committed outside the Republic of
Korea.
Re
Paragraph 2
The Republic of Korea, recognizing
the effectiveness in appropriate cases of the administrative and disciplinary
sanctions which may be, imposed by the United
States authorities over members of the United States armed forces or civilian component, and their dependents, may, at
the request of the military authorities of the United States, waive its
right to exercise jurisdiction under Paragraph 2.
Re
Paragraph 2(c)
Each Government shall inform the
other of the details of all security offenses mentioned
in this subparagraph, and of the provisions regarding such offenses in
its legislation.
Re
Paragraph 3(a)
1. Where a
member of the United States armed forces or civilian component is charged with an offense, a certificate issued by
competent military authorities of the United States stating that the
alleged offense, if committed by him, arose out of an act or omission done in
the performance of official duty shall be sufficient evidence of the fact for
the purpose of determining primary jurisdiction. The term "official
duty" as used in this Article and Agreed Minute is not meant to include
all acts by members of the United States armed forces and the civilian
component during periods when they are on
duty, but is meant to apply only to acts which are required to be done
as functions of those duties which the individuals are performing.
2. In those
exceptional cases where the Chief Prosecutor for the Republic of Korea considers that there is proof contrary, to a
certificate of official duty, it shall
be made the subject of review through discussions between appropriate officials
of the Government of the Republic of Korea and the diplomatic mission of the
United States in the Republic of Korea.
Re
Paragraph 3(b)
1. The
authorities of the Republic of Korea, recognizing that it is the primary
responsibility of the military authorities of the United States to maintain
good order and discipline where persons subject to United States military laws
are concerned, will, upon the request of the military authorities of the United
States pursuant to paragraph 3(c), waive their primary right to exercise
jurisdiction under paragraph 3(b) , except when they determine that it is of
particular importance that jurisdiction be exercised by the authorities of the
Republic of Korea.
2. With the consent
,of the competent authorities of the Republic of Korea, the military
authorities of the United States may transfer to the courts or authorities of
the Republic of Korea for investigation, trial and decision, particular
criminal cases in which jurisdiction rests with the United States.
With the consent of the military
authorities of the United States, the competent authorities of the Republic of
Korea may transfer to the military authorities of the United States for
investigation, trial and decision, particular criminal cases in which jurisdiction
rests with the Republic of Korea.
3. (a) Where a
member of the United States armed forces or civilian component, or a dependent, is arraigned before a court of the United
States, for an offense committed in the Republic of Korea against Korean
interests, the trial shall be held within the Republic of Korea.
(i) except where the law of the United
States requires otherwise, or
(ii) except where, in cases of military
exigency or in the interests of justice, the military authorities of the United
States intend to hold the trail outside the Republic of Korea. In this event
they shall afford the authorities of the Republic of Korea timely opportunity to comment on such intention
and shall five due consideration to any comments the latter may make.
(b)
Where the trial is held outside of
the Republic of Korea the military authorities
of the United States shall inform the authorities of the Republic of
Korea of the place and date of the trial. A representative of the Republic of
Korea shall be entitled to be present at the trial. The authorities of the
United States shall inform the authorities of the Republic of Korea of the
judgment and the final outcome of the proceedings.
4. In the
implementation of the provisions of this Article, and to facilitate the
expeditious disposal of offenses, arrangements may be made between the competent authorities of the Republic of Korea and
the military authorities of the United States.
Re
Paragraph 6
1. The
military authorities of the United States and the Authorities of the Republic
of Korea shall assist each other in obtaining the appearance of witnesses necessary for the proceedings conducted
by such authorities within the Republic of Korea.
When a member of the United States
armed forces in the Republic of Korea is summoned
to appear before a court of the Republic of Korea, as a witness or as a
defendant, United States military authorities shall, unless military exigency
requires otherwise, secure his attendance provided such attendance is
compulsory under the law of the Republic of Korea. If military exigency
prevents such attendance, the military authorities of the United States shall
furnish a certificate stating the estimated duration of such disability.
Service of process upon a member
of the Unites States armed forces or civilian
component, or a dependent required as a witness or a defendant must be personal
service in the English language. Where the service of process is to be effected
by a process server of the Republic of Korea upon any person who is inside a
military installation or area, the military authorities of the United States
shall take all measures necessary to enable the process server to effect such
service
In addition, the authorities of
the Republic of Korea shall promptly give copies of
all criminal writs (including warrants, summonses, indictments, and subpoenas) to an agent designated by the United
States military authorities to receive them in all cases of criminal
proceedings of the Republic of Korea involving
a member of the United States armed forces or civilian component, or a
dependent.
When citizens or residents of the
Republic of Korea are required as witnesses or experts by the military authorities
of the United States, the courts and authorities of the Republic of Korea
shall, in accordance with the law of the Republic of Korea, secure the
attendance of such persons. In these cases the military authorities of the United States shall act through the Attorney
General of the Republic of Korea, or such
other agency as is designated by the authorities of the Republic of Korea.
Fees and other payments for witnesses shall be determined by the Joint
Committee established under Article XXVIII.
2. The privileges
and immunities of witnesses shall be those accorded by the law of the court, tribunal or authority before
which they appear. In no event shall a witness be required to provide
testimony which may tend to incriminate him.
3. If, in the
course of criminal proceedings before authorities of the United States or the
Republic of Korea, the disclosure of an official secret of either of these
States or the disclosure to any information which may prejudice the security of either appears necessary for the just
disposition of the proceedings, the authorities concerned shall seek
written permission to make such disclosure from the appropriate authority of
the State concerned.
Re
Paragraph 9(a)
The right to a prompt and speedy
trial by the courts of the Republic of Korea
shall include public trial by an impartial tribunal composed exclusively of
judges who have completed their probationary period. A member of the United States armed forces, of civilian component,
or a dependent, shall not be tried by a military tribunal of the
Republic of Korea.
Re
Paragraph 9(b)
A member of the United States
armed forces or civilian component, or a dependent, shall not be arrested or
detained by the authorities of the Republic of Korea without adequate cause,
and he shall be entitled to an immediate hearing at which such cause must be
shown in open court in his presence and the
presence of his counsel. His immediate release shall be ordered if adequate
cause is not shown. Immediately upon arrest
or detention he shall be informed of the charges against him in a
language which he understands.
He shall also be informed a
reasonable time prior to trial of the nature of the evidence that is to be used
against him. Counsel for the accused shall, upon request, be afforded the
opportunity before trial to examine and copy the statements of witnesses obtained by authorities of the Republic of Korea
which are included in the file forwarded to the court of the Republic of
Korea scheduled to try the case.
Re
Paragraph 9(c) and (d)
A member of the United States
armed forces or civilian component, or a dependent,
who is prosecuted by the authorities of the Republic of Korea shall have
the right to be present throughout the testimony of all witnesses, for and
against him, in all judicial examinations, pretrial hearings, the trial itself,
and subsequent proceedings, and shall be permitted full opportunity to examine
the witnesses.
Re
Paragraph 9(e)
The right to legal representation
shall exist from the moment of arrest or detention and shall include the right
to have counsel present, and to consult confidentially with such counsel, at
all preliminary investigations, examinations,
pretrial hearings, the trial itself, and subsequent proceedings, at
which the accused is present.
Re
Paragraph 9(f)
The right to have the services of
a competent interpreter shall exist from the
moment of arrest or detention.
Re
Paragraph 9(g)
The right to communicate with a
representative of the Government of the United States shall exist from the
moment of arrest or detention, and no statement of the accused taken in the
absence of such a representative shall be admissible as evidence in support of
the guilt of the accused. Such representative shall be entitled to be present
at all preliminary investigations, examinations,
pretrial hearings, the trial itself, and subsequent proceedings, at
which the accused is present.
Re
Paragraph 9
A member of the United-States
armed forces or civilian component, or a dependent, tried by the authorities of
the Republic of Korea shall be accorded every procedural and substantive right
granted by law to the citizens of the Republic of Korea. If it- should appear
that an accused has been, or is likely to be,
denied any procedural or substantive right granted by law to the citizens of
the Republic of Korea, representatives of
the two Governments shall consult in the Joint Committee on the measures
necessary to prevent or cure such denial of rights.
In addition to the rights
enumerated in items 9(a) through (g) of paragraph 9 of
this Article; a member of the United States armed forces or civilian component,
or a dependent, who is prosecuted by the authorities of the Republic of Korea:
(a) shall have the right to appeal a
conviction or sentence:
(b) shall have credited to any sentence of
confinement his period of pretrial confinement in a confinement facility of the
United States or Republic of Korea.
(c) shall not be held guilty of a criminal
offense on account of any act or omission
which did not constitute a criminal offense under the law of the
Republic of Korea at the time it was committed;
(d) shall not be subject to a heaver penalty
than the one that was applicable at the time the alleged criminal offense was
committed or was adjudged by the court of first instance as the original
sentence;
(e) shall not be held guilty of an offense
on the basis of rules of evidence or requirements
of proof which have been altered to his prejudice since the date of the
commission of the offense;
(f) shall not be compelled to testify
against or otherwise incriminate himself;
(g) shall not be subject to cruel or unusual
punishment;
(h) shall not be subject to prosecution or
punishment by legislative or executive act;
(i) shall not be prosecuted or punished more
than once for the same offense;
(j) shall not be required to stand trial if
he is physically or mentally unfit to stand trial and participate in his
defense;
(k) shall not be subject to trial except
under conditions consonant with the dignity of
the United States armed forces, including appearing in appropriate
military or civilian attire and unmanacled.
No confession, admission or other statement, obtained by torture,
violence, threat, deceit, or after prolonged
arrest, or detention, or which has been made involuntarily, and no real
evidence which has been obtained by torture, violence, threat, deceit, or as a
result of an unreasonable search and seizure without
a warrant, will be considered by the courts of the Republic of Korea as
evidence in support of the guilt of the accused under this Article.
In any case prosecuted by the authorities of the Republic of Korea under
this Article no appeal will be taken by the prosecution from a judgment of not
guilty or an acquittal nor will an appeal be taken by the prosecution from any
judgment which the accused does not appeal, except upon ground of errors of
law.
The military authorities of the
United States shall have the right to inspect any confinement facility of the Republic of Korea in
which a member of the United States armed forces, civilian component, or
a dependent is confined, or in which it is proposed to confine such an
individual.
In the event of hostilities, the
Republic of Korea will take all possible measures to
safeguard members of the United States armed forces, members of the civilian
component, and their dependents who are confined in confinement facilities of the Republic of Korea, whether
waiting trial or serving a sentence imposed by the courts of the Republic
of Korea. The Republic of Korea shall give sympathetic consideration to
requests for release of these persons to the custody of responsible United
States military authorities. Necessary
implementing provisions shall be agreed upon between the two Governments
through the Joint Committee.
Facilities utilized for the execution of a sentence to death or a period
of confinement, imprisonment, or penal servitude, or for the detention of
members of the United States armed forces or civilian component or dependents, will meet minimum standards as agreed
by the Joint Committee. The military
authorities of the United States shall have the right upon request to
have access at any time to members of the United States armed forces, the
civilian component, or their dependents who are confined or detained by
authorities of the Republic of Korea. During
the visit of these persons at confinement facilities of the Republic of
Korea, military authorities of the United States shall be authorized to provide
supplementary care and provisions for such persons, such as clothing, food,
bedding, and medical and dental treatment.
Re
Paragraph 10(a) and 10(b)
1. The
military authorities of the United States will normally make all arrests within facilities and areas in use by the United
States armed forces. This shall not preclude the authorities of the
Republic of Korea from making arrests within facilities and areas in cases
where the competent authorities of the united States armed forces have given
consent, or in cases of pursuit of a flagrant offender who has committed a
serious crime.
Where persons whose arrest is
desired by the authorities of the Republic of Korea, and who are not members of
the United States armed forces or civilian component or dependents, are within facilities
and areas in use by the United States armed forces, the military authorities of
the United States will undertake, upon request, to arrest such persons. Any
person arrested by the military authorities of the United States who is not a
member of the United States armed forces or civilian component or a dependent
shall immediately be turned over to the authorities of the Republic of Korea.
The military authorities of the
United States may arrest or detain in the vicinity of a facility or area any
person in the commission or attempted
commission of an offense against the security of that facility or area.
Any such person who is not a member of the United States armed forces or
civilian component or a dependent shall immediately be turned over to the
authorities of the Republic of Korea.
2. The authorities
of the Republic of Korea will normally not exercise the right of search,
seizure, or inspection with respect to any person or property within facilities
and areas in use by the United States armed forces or with respect to property
of the United States wherever situated, except in cases where the competent
military authorities of the United States consent to such search, seizure, or
inspection by the authorities of the Republic of Korea of such persons or
property.
Where search, seizure, or
inspection with respect to persons or property within facilities and areas in
use by the United States armed forces or
with respect to property of the United States in the Republic of Korea
is desired by the authorities of the Republic of Korea, the military
authorities of the United States will undertake, upon request, to make such
search, seizure, or inspection. In the event of a judgment concerning such
property, except property owned or utilized by the Government of the United
States or its instrumentalities, the United States will in accordance with its
laws turn over such property to the authorities of the Republic of Korea for
disposition in accordance with the judgment.
Article
XXIII
1. Unless
otherwise provided, the provisions of paragraphs 5, 6, 7 and .8 of this Article
will become effective six months from the date of entry into force of this
Agreement with respect to claims arising from incidents in the Seoul Special
City area, and one year from that date with respect to claims arising elsewhere
in the Republic of Korea.
2. Until such time
as the provisions of paragraphs 5, 6, 7 and 8 become effective in any given
area,
(a) The United States shall process and
settle claims (other than contractual claims) arising out of the acts or
omissions of members or employees of the United States armed forces done in the
performance of official duty or out of any other act, omission or occurrence
for which the United States armed forces are
legally responsible, which cause damage in the Republic of Korea to
Parties other than the two Governments;
(b) The United States shall entertain other
non-contractual claims against members or employees of the armed forces and may
offer an ex gratia payment in such cases and in such amounts as is determined
by the appropriate United States authorities; and
(c) Each Party shall have the right to
determine whether a member or employee of
its armed forces was engaged in the performance of the official duties and whether property owned by it was being
used by its armed forces for official purposes.
3. For the
purposes of subparagraph 2(d), subparagraph 5(e) shall be effective throughout the Republic of Korea from the date of entry into force of
this Agreement.
Article
XXVIII
The exception provided for in the
first sentence of paragraph 1 is relevant only to
paragraph 2, subparagraph (b) and (c) of Article III.
Seoul,
July 9, 1966
/Initialed/Winthrop G. Brown Ambassador
/Initialed/Tong Won Lee Minister of Foreign Affairs
AGREED UNDERSTANDINGS TO THE
AGREEMENT UNDER ARTICLE IV
OF THE MUTUAL DEFENSE TREATY
BETWEEN THE UNITED STATES OF AMERICA
AND THE REPUBLIC OF KOREA,
REGARDING FACILITIES AND AREAS AND
THE STATUS OF UNITED STATES ARMED
FORCES IN THE REPUBLIC OF KOREA
AND RELATED AGREED MINUTES
Article IX
PARAGRAPH
5
1. Examination
of parcels in the United States military post office mails in the Republic of
Korea by customs inspectors of the Republic of Korea will be conducted so as
not to damage the contents of the parcels inspected or delay delivery of the
mail.
2. Such examinations
will be conducted in United States military post office installations in the
presence of United States officials.
3. No parcel
in the military post office mails will be removed from United States postal
channels except as mutually agreed.
4. It is understood
that the right of inspection will be exercised on a "sample check" basis so as not to unduly delay
delivery or increase the administrative burden of the postal
authorities.
AGREED
MINUTE 3
1. Pertinent
information shall include cargo manifests and shipping documents.
2. In addition to
information provided on a routine basis, other pertinent information will be
provided on request through the Joint Committee.
Article XIII
AGREED
MINUTE
It is understood that the present
use of non-appropriated fund organizations by
organizations and persons other than those referred to in items (a), (b), (c),
(d), and (e) shall immediately be suspended at the time of the entry into force
of this Agreement. The extent of organizations and persons to be granted the
use of such organizations under item (f) of this Minute shall be left to
further negotiations between the appropriate authorities of the two Governments.
Article XV
PARAGRAPH
1
If the United States authorities
determine that there would be significant advantage
for United States-Republic of Korea mutual defense to utilize one or
more third-country corporations as United States armed forces invited
contractors, the authorities of the Government of the Republic of Korea shall
give sympathetic consideration to a United States request to extend the
benefits of this Agreement to such non-United States corporations.
PARAGRAPH
8
Unless otherwise agreed in the
Joint Committee, the privileges provided for in the
second sentence of paragraph 8 of this Article shall be extended only to United
States nationals.
Article XVII
PARAGRAPH
1 (b)
1. Local
residents, who .are third-country nationals and are also local-hire United States armed forces employees, and local-hire invited
contractor employees paid in won, on the effective date of the Agreement, shall
be excluded from the application of this provision.
2. The provisions of
paragraph 1 (b) do not preclude the United States armed
forces from bringing into the Republic of Korea, without privileges, third country
contractor employees possessing special skills not available from the Korean
labor force.
PARAGRAPH
3 AND AGREED MINUTE 4
It is understood that the
deviation from labor legislation of the Republic of Korea need not be referred to the Joint Committee in cases when such
referral would seriously hamper military operations in an emergency.
Article XIX
The United States and the Republic
of Korea agree that nothing in this Agreement in any way prevents the
appropriate authorities of either the United States or the Republic of Korea
from raising any appropriate matter at any
time with each other. The United States authorities recognize the desire of
the authorities of the Republic of Korea to discuss the disposal of military
payment certificates under custody of the Government of the Republic of Korea.
However, both the United States and Republic of Korea authorities have agreed
to remove from the text of the Status of Forces Agreement any reference to the
question of compensation for military payment certificates held by unauthorized
persons. This agreement does not prejudice the position of either Party in
connection with discussion of this question through other channels.
Article XXII
AGREED
MINUTE RE PARAGRAPH 1 (a)
The Government of the Republic of
Korea agrees that, upon notification under the
second sentence of the Agreed Minute Re Paragraph 1 (a), the military
authorities of the United States may exercise jurisdiction over such persons in
accordance with the terms of the Criminal Jurisdiction Article.
PARAGRAPH
1 (b)
The civil authorities of the
Republic of Korea will retain full control over the arrest, investigation and trial of a member of the United States armed
forces or civilian component or a dependent.
AGREED
MINUTE RE PARAGRAPH 2
It is understood that the United
States authorities shall exercise utmost restraint
in requesting waivers of exclusive jurisdiction as provided for in the
Agreed Minute Re Paragraph 2 of this Article.
AGREED
MINUTE RE PARAGRAPH 3 (a)
1. With regard
to the Agreed Minute Re Paragraph 3 (a) , a substantial departure from the acts a person is required to perform in a particular
duty usually will indicate an act outside of his ,"official
duty."
2. A duty
certificate shall be issued only upon the advice of a Staff Judge Advocate, and the competent authority issuing the
duty certificate shall be a general grade officer.
3. (a) The certificate will be conclusive unless
modification is agreed upon. The United States authorities shall give due
consideration to any objection which may be raised by the Chief Prosecutor for
the Republic of Korea.
(b)
The accused should not be deprived of his entitlement to a prompt sand speedy trial as a result of protracted reconsideration of the duty
certificate.
AGREED
MINUTE RE PARAGRAPH 3 (b)
1. It is
understood that the term "of particular importance" has reference to
those cases in which, after a careful examination of each specific case, the 'exercise of jurisdiction by the Republic of Korea
is deemed essential, and the term has reference, in general but not
exclusively, to the following types of offense:
(a) security offenses against the Republic
of Korea;
(b) offenses causing the death of a human
being, robbery, and rape, except where the
offenses are directed against a member of the United States armed
forces, the civilian component, or a dependent; and
(c)
attempts to commit such offenses or
participation therein.
2. In respect of the
offenses referred to in the above paragraph, the authorities concerned shall
proceed in particularly close cooperation from the beginning of the preliminary
investigation in order to provide the mutual assistance envisaged in paragraph
6 of Article XXII.
3. In cases
where, in the view of the United States authorities, any question arises
concerning the determination that a case is one "of particular
importance," the United States diplomatic mission reserves the right and expects to be afforded an opportunity to
confer with the proper authorities of the Republic of Korea.
PARAGRAPH
5
With regard to the custody of the
accused in the hands of the authorities of the
Republic of Korea in connection with security offenses:
1. There must be mutual United
States-Republic of Korea agreement as to the circumstances in which such
custody is appropriate.
2. Confinement facilities of the Republic
of Korea must be adequate by United States standards.
AGREED MINUTE RE PARAGRAPH 9, SUB-PARAGRAPH (a) OF SECOND UNNUMBERED PARAGRAPH
Under the appellate procedure of
the courts of the Republic of Korea, the accused
may request a re-examination of the evidence, including new evidence and
witnesses, as a basis for new findings of fact by the appellate court.
Article XXIII
PARAGRAPH
12
The liability for claims generated
by Korean Service Corps personnel will be determined
by other negotiations between the United States and the Republic of
Korea.
Article XXV
In cooperating with each other
under this Article, the two Governments agree that
each will take such measures -as may be necessary to ensue the security and
protection of the United States armed forces, the members thereof, the civilian
component, the persons who are present in the Republic of Korea pursuant to the Article dealing with invited
contractors, their dependents and their property.
/Initialed/Winthrop G. Brown Ambassador
/Initialed/Tong Won Lee Minister of
Foreign Affairs
Translation
REPUBLIC OF KOREA
MINISTRY OF FOREIGN AFFAIRS
JULY
9, 1966
DEAR MR. AMBASSADOR:
Today the Governments of the Republic of Korea
and the United States have formally signed the agreement between the United
States of America and the Republic of Korea
regarding facilities and areas and the status of United States armed
forces in the Republic of Korea. Article XXII of that Agreement and its Agreed
Minutes [[7]]
provide for the exercise of jurisdiction over members of the United States
armed forces, the civilian component, and their dependents in the Republic of
Korea. In this regard, the Government of the Republic of Korea., conscious of
the strong ties of mutual respect and friendship which bind our two countries,
and recognizing the vital role which United States armed forces play in the
defense of the Republic of Korea, proposes the following understandings for procedural arrangements pursuant to
Paragraph 4 of the Agreed Minute Re Paragraph 3 (b) :
I would be grateful for your confirmation of the
above understandings.
Sincerely yours,
TONG WON LEE
Minister
of Foreign Affairs
His Excellency
Winthrop
G. Brown
Ambassador of the United States of America
Seoul, Korea
The
American Ambassador to the Korean Minister of Foreign Affairs
Seoul, Korea
July
9, 1966
His Excellency
TONG WON LEE
Minister
of Foreign Affairs
of the Republic o f Korea
Seoul
DEAR MR. MINISTER:
I have received your letter of this date on the subject of the agreement
signed today between the Republic of Korea and the United States of America
regarding facilities and areas and the status of United States armed forces in
the Republic of Korea, and confirm the following understandings contained therein with respect to the exercise of
jurisdiction over members of the United States armed forces, the
civilian component, and their dependents:
That, to facilitate the processing of cases
resulting from the presence of United States armed forces deployed in Korea
for mutual defense purposes, in implementation of the provisions of the Agreed
Minute Re Paragraph 3 (b), the Government of the Republic of Korea. will not
require the military authorities of the United States to make a request for a
waiver in each particular case, and the military authorities of the United
States shall have jurisdiction unless the Government of the Republic of Korea
determines in -a specific case that it is of particular importance that
jurisdiction be exercised therein by the authorities of the Republic of Korea;
That, in the interest of expediting the administration of justice, any
such determination by the Government of the Republic of Korea shall be provided
in writing by the Minister of Justice to the appropriate military authorities
of the United States within fifteen days
after the Republic of Korea is notified or is otherwise apprised of the
commission of an offense falling within its primary
jurisdiction,. or such shorter period as may be mutually agreed upon
pursuant to Paragraph 4 of the Agreed Minute Re Paragraph 3 (b) . The military
authorities of the United States shall not exercise jurisdiction before the
expiration of the fifteen days or other agreed period.
Very sincerely yours,
WINTHROP
G. BROWN
Ambassador
[ TIAS 6127 U.S. GOVERNMENT PRINTING OFFICE: 1987 O-71-938 ]