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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 08-1126.1

DEFENSE

Munitions, Equipment, and Materiel

Memorandum of Agreement Between

the UNITED STATES OF AMERICA

and the REPUBLIC OF KOREA

Signed at Washington October 17, 2008

with

Appendices

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89497, approved July 8, 1966 (80 Stat. 271; 1 U.S.C. 113)

. . .the Treaties and Other International Acts Series issued under the authority of the Secretary of State shall be competent evidence . . . of the treaties, international agreements other than treaties, and proclamations by the President of such treaties and international agreements other than treaties, as the case may be, therein contained, in all the courts of law and equity and of maritime jurisdiction, and in all the tribunals and public offices of the United States, and of the several States, without any further proof or authentication thereof.

REPUBLIC OF KOREA

Defense: Munitions, Equipment, and Materiel

Memorandum of agreement signed at Washington October 17, 2008;

Entered into force November 26, 2008. With appendices.

MEMORANDUM OF AGREEMENT BETWEEN

THE GOVERNMENT OF THE UNITED STATES OF AMERICA

AND 11IE GOVERNMENT OF 11IE REPUBLIC OF KOREA

CONCERNING TIIE TRANSFER OF MUNIDONS, EQUIPMENT,

AND MATERIEL FROM UNI'IED STATES WAR RESERVE

STOCKPILE FOR ALLIES, KOREA

The Government of the United States of America and the Government of the

Republic of Korea (hereinafter referred to, respectively, as the "ROK," the "U.S.,"

and jointly as the "Parties"),

Have agreed as follows:

ARTICLE 1

The U.S. shall transfer certain war reserve munitions, equipment, and materiel from

the United States War Reserve Stockpile for Allies, Korea (hereinafter referred to

as "WRSA-K") to the ROK, and the ROK shall provide the U.S. with the support

and services stipulated in this Memorandum of Agreement.

ARTICLE 2

The munitions, equipment, and materiel to be transferred by the U.S. to the ROK

from the WRSA-K are listed in Appendix A, and the munitions, equipment, and

materiel to be retained by the U.S. are listed in Appendix B.

ARI1CLE 3

The U.S. shall:

(a) Transfer the munitions, equipment, and materiel listed in Appendix A to the

ROK in an "as is, where is" condition within thirty (30) days of the date that this

Memorandum of Agreement enters into force;

(b) Retain the title to and accountability for the munitions, equipment, and materiel

listed in Appendix B, and retain the responsibility for retrograde and demilitariz.ation

of the above munitions, equipment, and materiel listed in Appendix B;

(c) Use its best efforts to complete retrograde of the munitions, equipment. and

materiel listed in Appendix B by 2018, except those Appendix B munitions which

are requested by the ROK to remain in Korea until 2018 and are identified in a separate

document by the Parties on or before the date this Memorandum of Agreement enters

into force;

(d) Use its best efforts to complete retrograde by 2024 of those Appendix B nnmitions

which are requested by the ROK to remain in Korea until 2018 and are identified in a

separate docmnent by the Parties on or before the date this Memorandum of Agreement

enters into force;

(e) Pay for demilitariz.ation and overseas transportation expenses for the munitions,

equipment, and materiel listed in Appendix B;

(f) Consider any written request by the ROK to transfer any of the munitions,

equipment, and materiel listed in Appendix A to anyone ~ is not an officer, employee,

or agent of the ROK;

(g) Demilitarize a minimnn azmunt of Appemix B mmitiom in the tenitory of the ROI

(e) Provide through 2020, without charge to the U.S., storage, transportation

within the ROK, handling associated with transportation within the ROK to include

loading and unloading, and port handling within the ROK required for the

demilitarization or the retrograde from the territory of the ROK of the munitions,

equipment, and materiel listed in Appendix B except for those Appendix B munitions

which are requested by the ROK to remain in Korea until 2018 and are identified in

a separate document by the Parties on or before the date this Memorandum of

Agreement enters into force;

(f) Store and care for the munitions, equipment, and materiel listed in Appendix B,

and waive aJI storage expenses through 2020 except for those Appendix B munitions

which are requested by the ROK to remain in Korea until 2018 and are identified in

a separate document by the Parties on or before the date this Memorandum of

Agreement enters into force;

(g) Waive back storage expenses for munitions that were retrograded by the U.S. in

2004 and 2005;

(h) Provide through 2024, without charge to the U.S., storage, transportation

within the ROK, handling associated with transportation within the ROK to include

loading and unloading. and port handling within the ROK required for the retrograde

of the Appendix B munitions which are requested by the ROK to remain in Korea

until 2018 and are identified in a separate document by the Parties on or before the

date this Memorandum of Agreement enters into force;

(i) Store and care for the Appendix B munitions which are requested by the ROK

to remain in Korea until 2018 and are identified in a separate document by the Parties

on or before tOO date this M:mmmdum of Agreem:nt enters into force and waive all storage

expenses for those munitions through 2024;

G) Permit the U.S., upon request, to conduct end-use rmnitoring verification, incllXling

inspections, inventories, and the review of all records, with respect to the use, transfer,

and security of all defense articles transferred under this Memorandum of Agreement.

ARTICLE 5

Unless otherwise stated in this Memorandum of Agreement, each Party shall

bear its own costs incurred in carrying out the actions and activities described in

this Memorandum of Agreement.

ARilCLE 6

The U.S. shall be permitted tmimpeded access to munitions, equipment, and materiel

listed in Appendix A for security and end-use monitoring. The U.S. shall be permitted

unimpeded access to munitions, equipment, and materiel in Appendix B for all matters

relating to security, storage, transfer, management, use, maintenance, and retrograde tmtil

the retrograde of all munitions, equipment, and materiel listed in Appendix B is complete.

ARITCLE 7

Upon completion by the U.S. of the transfer of the munitions, equipment, and

materiel listed in Appendix A to the ROK or as of December 31, 2008, whichever

is earlier, the WRSA-K program shall be terminated.

ARilCLE 8

After the termination of the WRSA-K program, the Parties intend to terminate any

agreements implementing the WRSA-K program and to consult with each other about

whether any other WRSA-K related agreements should be amended or terminated.

ARTICLE 9

The obligations of the Parties under this Memorandum of Agreement shall be subject to

their respective constitutional and legislative requirements, and the availability of funds

appropriated for these purposes and in furtherance of these obligations.

ARTICLE 10

This Memorandum of Agreement may be amended only by the mutual written

agreement of the Parties.

ARTICLE 11

Any disagreement regarding the interpretation or application of this Memorandwn of

Agreement by the Parties shall be resolved by consultations between representatives

designated by each Party, and shall not be referred to any third party.

ARIICLE 12

This Memorandwn of Agreement shall enter into force on the date of the last

written notification by the Parties that this Agreement has been approved in

accordance with their respective national laws and procedures.

IN WilNESS WHEREOF, the undersigned, being duly authorized thereto by their

respective Governments, have signed this Memorandum of Agreement.

DONE in duplicate at Washington, D.C. on the / 7+1.. day of ():.-+i,ber , 2008, in the Korean and English languages, both texts being equally authentic.

FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF

THE REPUBLIC OF KOREA~jS: MIBRICA

certify that this document is a true copy of the signed original.

~~ Director

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APPENDIX A

UNITED STATES WAR RESERVE STOCKPil...E FOR ALLIES, KOREA

MUNIDONS, EQUIPMENT, AND MATERIEL

TO BE TRANSFERRED

TO 11IE GOVERNMENT OF 11IE REPUBLIC OF KOREA

APPENDIX A

U.S. Army Class V WRSA-K

OODIG ~nr:tW~ .. N$19. , ~ltY: ,'' ;,,. .. ..: A127 7.62mm LINK 4BALL M59/1TR M62 1 3050054211 96 3, 764,877

A127 7.62mm LINK 4BALL M59/1TR M62 1305005554276 1,756,220

A128 7.62mm BALL MBO 1305005421968 2,500

A165 7.62mm LINK 4 BALL M80/1TR M62 1305009263942 2,361,429

A181 CAL30 CAR BALL Ml 1305000286152 2,700

A181 CAL30 CAR BALL M 1 1305009263963 11, 750

A182 CAL30 CAR BALL M1 1305003011662 22,250, 118

A218 CAL30 LINKED 4BALL M2/1TR M25,