[2003. 10. 8] 용산기지 이전 협정 미국측 초안-영어본
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US DRAFT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF KOREA IN FURTHERENCE OF THE RELOCATION OF US FORCES FORM THE SEOUL METROPOLITAN AREA The United States of America and the Republic of Korea(hereinafter referred to respectively as the US, the ROK, and "the Parties"), Reaffiming their resolve to act in accordance with the agreements to which they are parties; Based upon the Mutual Defense Treaty between the United States of America and the Republic of Korea and 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 Stat us of United States Armed Force in the Republic of Korea, and its subsequent amendments (hereinafter referred to as "SOFA"), and other relevant agreements; Desiring that the US-ROK alliance be comprehensively enhanced by consolidation US forces around key hubs and by relocating elements of US Forces Korea(hereinafter referred to as "USFK") from the Seoul Metropolitan Area, while supporting the requirement for the continued presence in Seoul oj US elements of Headquarters United Nations Command(UNC) and ROK-US Combined Forces Command(CFC); and Sharing the common understanding that a timely relocation is essential for the balanced development and efficient use of Republic of Korea land and the continued growth and development of the Seoul Metropolitan Area, while enhancing force protection, readiness, quality of life, and safety, and contributing to and enduring structure of USFK for the purpose of mutual defense; Have agreed as follows: ARTICLE I PURPOSE The purpose of this Agreement is to confirm principles, outline the timetable, and to establish implementing measures required to complete relocation of USFK elements from the Seoul Metropolitan Area. ARTICLE II PRINCIPLES 1. The implementation of the relocation shall be in accordance with the SOFA, and other relevant agreements. 2. USFK elements stationed in the Seoul Metropolitan Area shall be relocated to the Osan-Pyongtaek area and, if necessary, to other areas by mutual agreement. 3. The ROK shall provide land, replacement facilities, and funding for the relocation of USFK. The Parties agree to optimize these requirements through close coordination and efficient planning. All expenses will be validated by the Parties, budgeted and paid, using procedures established by the SOFA Joint Committee. 4. Recognizing and acknowledging the importance of environmental protection in the implementation of the agreement, the Parties agree that the US return of facilities and areas to the ROK, the ROK grant of areas and replacement facilities to the US, and other relocation actions including those necessary to protect the natural environment and human health and to remedy contaminated areas shall be in accordance with the SOFA, and other relevant agreements. 5. Return of USFK facilities and areas in the Seoul Metropolitan Area will take place promptly, as the required missions and capabilities are relocated to suitable replacement facilities in such a manner that the operational capabilities, quality of life, and support for USFK are enhanced. 6. The status of other US Government facilities (non-Department of Defense [DOD]) located on Yongsan Garrison shall be arranged between the authorities concerned of the US and ROK governments, as may be appropriate. ARTICLE III IMPLEMENTING MEASURES 1. The target date for completing the relocation is December 31, 2006 2. The Ad Hoc Subcommittee for the Yongsan Relocation Plan(hereinafter referred to as "YRP Ad Hoc Subcommittee"), established by the SOFA Joint Committee, will oversee implementation of the relocation, make recommendations on relevant matters, and create working groups to discuss and develop recommendations concerning implementation as appropriate. 3. The Parties shall coordinate with local and regional authorities to ensure local and regional development plans: provide transportation networks, services, and infrastructure required to support the effected USFK installations: support opportunities for economic growth and development in the regions impacted by the relocations; foster mutual understanding, support, and partnership between the affected USFK installations and local communities. 4. The Parties shall mutually develop a comprehensive Master Plan for the relocation, using procedures approved by the SOFA Joint Committee. the Master Plan shall provide programming documentation for facilities required to implement this agreement, to include new and modified buildings, utilities, roads and grounds, and command control communications computers and information infrastructure. 5. Land sufficient to implement this agreement shall be granted to the US by 30 June 2004. Precise boundaries of land to be granted shall be determined by joint survey and submitted to the SOFA Joint Committee for approval. Construction of provision of replacement facilities shall begin by 1 October 2004, and be complete 30 June 2006. 6. The Headquarters of United Nations Command and the Headquarters of the ROK-US Combined Forces Command and elements of USFK necessary to support these headquarters and operations in and north of Seoul shall remain in proximity to Headquarters ROK MND. The size, scope, and location of this residual element shall be determined by mutual atreement as part of the comprehensive Mater Plan to be jointly prepared by the Parties 7. The Parties shall accomplish all required actions to facilitate the US return of the following USFK facilities and areas in Seoul in accordance with the timeline below: Facility /Return Date Eight Army Golf Course 1992(Interim relocation Completed) Camp Isabell 1992(Completed) Seoul Club 1999(Completed) TMP Annex(Taxi) 2003 Eight Army Retreat Center 2004 United Nations Compound 2006 Camp Grey 2004 Seobingo 2006 Camp Kim 2006 Camp Coiner and Yongsan Main Post(partial) 2006 TMP Compound 2006 Niblo Barracks and Hannam Village 2008 FED Compound 2006 Sungnam Golf Course 2006 ARTICLE IV AMENDMENTS This Agreement may be amended in writing by mutual consent. Any amendments of this Agreement shall enter into force on the date the Parties exchange written notifications though the SOFA Joint Committee that the respective domestic legal requirements for such amendmen(s) have been fulfilled. ARTICLE VI ENTRY INTO FORCE This Agreement shall enter into force on the date the Parties exchange written notifications that their respective legal requirements for the entry into force of the Agreement have been fulfilled. IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments, have signed this Agreement. FOR THE UNITED STATES OF AMERICA LANCE L. SMITH Lieutenant General United States Air Force United States Representative to the US-ROK SOFA Joint Committee LEON J. LAPORTE General, US Army Commander, USFK FOR THE REPUBLIC OF KOREA WI, SUNG-LAC Director-General North American Affairs Bureau Ministry of Foreign Affairs and Trade Republic of Korea Representative to the US-ROK SOFA Joint Committee CHO, YUNG-GIL Minister of National Defense Republic of Korea ................................................................................... * 아래는 '용산기지 이전 협정 이행 합의 권고 합동위원회 각서' 미국측 초안으로 원본과 동일한 내용으로 타이핑한 것입니다. US DRAFT- 4 SEP 03 THE AD HOC SUBCOMMITTEE FOR THE YONGSAN RELOCATION PLAN UNDER THE UNITED STATES OF AMERICA AND THE REPUBLIC OF KOREA STATUS OF RORCES AGREEMENT DATE MEMORANDUM FOR The Joint Committee SUBJECT: Agreed Recommendation for Implementation or the Agreement Between The United States Of America And The Republic Of Korea In Furtherance Of The Relocation Of US Forces From The Seoul Metropolitan Area(Yongsan Relocation Plan) 1. References: a. Mutual Defense Treaty between the US and ROK, signed October 1, 1953 b. Agreement under Article IV of the Mutual Defense Treaty between the US and ROK Regarding Facilities and Areas and the Status of united states armed forces in the republic of korea(SOFA), signed July 9, 1966 as amended February 1. 1991 and January 18, 2001. c. Memorandum of Agreement(MOA) between the USFK and the ROK Ministry of National Defense(MND) Concerning the Agreements-in-Principle for Relocation of US Forces from the Seoul Metroopolitan Area, signed June 25, 1990 d. Memorandum of Understanding(MOU) between the USFK and the ROK Ministry of National Defense(MND) Concerning Memorandum of Agreement of June 25, 1990 for Relocation of US Forces form the The Seoul Metropolitan Area, signed June 25, 1990. e. Action of the US-ROK SOFA Joint Committee recording approval on 20 May 1991 of a ROK request to recognize, within the authority of the Joint Committee, the MOA referred to in paragraph 3, above, as a "legal and binding agreement to provide facilities and areas under the(SOFA), Articles II and V", Minutes of the 169th US-ROK SOFA MEETING, PARAGRAPH 13 AND Enclosure 19, June 7, 1991. f. FASC Task 2936, ROK Request For Development Of An Engineering Memorandum of Understanding(MOU) Relocation Of US Forces From Seoul, dated 14 January 1993. g. Joint Statement between The United States of America and the Republic of Korea Concerning Common Values, Principles, and Strategy, May 14, 2003. h. Agreement Between The United States of America And The Republic of Korea In Furtherance of The Relocaton OF US Forces From The Seoul Metropolitan Area, signed September xx, 2003 I. Pursuant to Article III, paragraph 2 of the Yongsan Relocation Plan, the Ad Hoc Subcommittee for the Yongsan Relocaion Plan(YRP Ad Hoc Subcommittee) will be directed to oversee implementation of the relocation, make recommendations on relevant matters, and create working groyps to discuss and develop recommendations concerning implementation of the Yongsan Relocation Plan(YRP) 2. Purpose: This Agreed Recommendation defines procedures, terms and conditions under which the parties shall implement the references through the Joint Committee. 3. Explanation of Mutually Agreed Principles: a. The combined operational capability, combat readiness, quality of life, and support for US forces personnel will be enhanced as a result of relocation. b. All Land and replacement facilities required to relocate USFK missions and functions under this plan will be provided by the ROK at no cost to the US. These requirements are n대 determined by the size and number of existing facilities, but by the facilities and areas required to support the missions and function at their new locations. Requirements will be based upon US DOD standards, consistent with similar facilities being constructed for the US, and all reasonable efforts will be made to minimize construction costs. Required facilities include, but are not limited to, headquarters, administrative, medical, support and quality of life facilities, living quarters for USFK personnel and accompanying family members, utilities distribution/ collection systems. paved access roads, drainage, area lighting, landscaping, fencing, gates, and any other site development necessary for a complete, secure, and usable facility, All required land and facilities will be granted to the US in accordance with the SOFA. c. The ROK will provide services of funding for all expenses incurred in implementing the Yongsan Relocation Plan. The YRP Ad Hoc subcommittee will review and validate all expenses in accordance with the funding provisions below. 4. Planning and Programming Requirements: a. The procedures for planning, programming, design, and construction shall be in accordance with the Engineering Memorandum of Understanding for the Yongsan Relocation Plan approved by the Joint Committee. b. The Parties shall mutually develop a comprehensive master plan, using the procedures cited in paragraph 1 above. (1)The comprehensive master plan will be initiated in October 2003, and fully funded in January 2004. (2)The comprehensive master plan will provide programming documentation for facilities required to implement this agreement, to include new and modified buildings, utilities, roads and grounds, and command control communications computers and information infrastructure. 5. Facilities and Areas: a. The facilities and areas needed for the relocation of USFK units from the Seoul Metropolitan Area shall be granted to the US in accordance with the SOFA Faciliteis and Area Subcommittee procedures. The grand and return of facilites and areas, as well as removal of encroachments from the granted areas, shall be executed on the mutually agreed timetable. b. Land sufficient to implement this agreement shall be granted to the US by 30 June 2004. Precise boundaries of land to be granted shall be determined by joint survey and submitted to th e SOFA Joint Committee for approvql. c. Construction of provision of replacement facilities shall begin by 1 October 2004, and be complete 30 June 2006. d. The Eighth US Army Golf Course, Camp Isabell, Soul Club, and other failities previously returned in accordance with the references shall be considered part of the entire relocation. Replacement for the interim golf course shall be accomplished in accordance with the terms of this Agreed Recommendation. e. Major Organization Locations: (1) The Headquarters of United Nations Command and the Headquarters of the ROK-US Combined Forces Command shall remain in proximity to Headquarters ROK MND. Elements of USFK necessary to support these Headquarters and oprations in and north of Seoul will remain in Yongsan. The size, scope, and location of this residual element shall be determined as part of the comprehensive Mater Plan approved by the SOFA Joint Committee. The ROK will provide all facilities required to support this residual presence, to include the construction of new facilities of modification of existing facilities. All required facilities will be consolidated into a single area within a ROK MND compound to ensure efficiency and force protection. (2) The Headquarters of United States Forces Korea, and associated units and agencies shall relocate to Osan Air Bse, as augmented by additional land to be acquired and granted to the US. (3) The Headquarters of Eighth United States Army, its major subordinate units now in Seoul, and associated agencies shall relocate to Camp Humphreys, and augmented by additional land to be acquired and granted to the US. (4) Other USFA units, agencies, and functions shall relocate to Osan Air Base, Camp Humphreys, Camp Carroll, or Camp henry in accordance with the approved Master plan. e. Funding: a. The ROK will provide services or funding for all expenses incurred in implementing the Yongsan Relocation Plan: (1) Design and construction services, including development and review of statements of work, master plans and designs acquisition of construction , and supervision and administration of contracts relating thereto. (2)) Transportation and movement services, including packing, unpacking, storage, and transportation of personnel, equipment, goods and supplies. (3) Communications services, including installation and de-installation of communications equipment, transmission of messages and data, and rental of transmission capability. (4) individual relocation expenses of USFK personnel, whether full-time or part time , temporary or permanent. (5) Temporary funding shortfalls to USFK support programs caused by the relocation. (6) All other expenses directly related to relocation, to include the costs of terminating contracts and service agreements that cannot be phased out prior to relocation. USFK will minimize these expenses through efficient planning and management. All such expenses will be validated by the Parties, budgeted and paid, using procedures established by the SOFA Joint Committee. b. Replacement facilities shall be provided in-kind, using procedures established in the Engineering MOU. Transportation services required to relocate units, missions, functions and personnel may be provided in-kind or funded by transfer of funds. All other expenses will be paid by transfer of funds. c. Transfer of fund required to implement this agreement shall be accomplished using an interest bearing account established by the Parties in a bank in the ROK. (1) Interest earned will be deposited in the same account and used th fund authorized expenses required to implement this agreement . (2) Disbursement of funds from this account will only be made in implementation of the agreement and shall require the consent of both Parties. Funds remaining in this account at the completion of the relocation shall be returned to the ROK government. (3) The YRP Ad Hoc subcommittee shall supervise this account, ensure deposits and disbursements are timely and authorized, establish a Joint Working Group to manage the account, and provide quarterly reports to the SOFA Joint Committee on the status and activities of the account. 7. Media: Public releases related to relocation issues will be mutually developed and reviewed before being released. 8. Amendments. Recommendations for amendments may be submitted with the consent of both Parties at any time. Requests for amendments will be made at least sixty (60) days in advance of the desired effective date of the amendment. Amendments shall enter into force only upon approval by the SOFA Joint Committee, Approved amendments will be consecutively numbered and attached to the AR. 9. Entry into Force. This AR shall enter into force on the date the Parties exchange written notifications that their respective legal requirements for the entry into force of the Agreement Between The United States Of America And The Republic Of Korea in Furtherance Of The Relocation Of US Forces From The Seoul Metropolitan Area have been fulfilled. DANIEL M. WILLSON, JR Colonel, US Army Chairman, US Component Ad Hoc Subcommittee for the Yongsan Relocation plan KIM, DONG-HEE Colonel, ROK Army Chairman, ROK Component Ad Hoc Subcommittee for the Yongsan Relocation plan MEMORANDUM OF The Joint Committee Approved by exigent action of the Joint Committee on ----------, 2003 LANCEL. SMITH Lieutenant General United States Air Force United States Representative to the US-ROK SOFA Joint Committee WI, SUNG-LAC Director-General North American Affairs Bureau Ministry of Foreign Affairs and Trade Republic of Korea Representative to the US-ROK SOFA Joint Committee |