Signed at Washington, D.C. October 17, 2008


MEMORANDUM OF AGREEMENT

BETWEEN

THE GOVERNMENT OF THE REPUBLIC OF KOREA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA

CONCERNING THE TRANSFER OF MUNITIONS, EQUIPMENT, AND MATERIEL FROM UNITED STATES WAR RESERVE STOCKPILE FOR ALLIES, KOREA


The Government of the Republic of Korea and the Government of the United States of America (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.


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

(c) 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 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

(e) for demilitarization and overseas transportation expenses for the munitions, equipment, and materiel listed in Appendix B

(f) any written request by the ROK to transfer any of the munitions, equipment, and materiel listed in Appendix A to anyone who is not an officer, employee, or agent of the ROK

(g) a minimum amount of Appendix B munitions in the territory of the ROK

(h) the munitions, equipment, and materiel listed in Appendix B by 2020 and pay expenses for transportation within the ROK and storage of munitions, equipment, and materiel listed in Appendix B after 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.


ARTICLE 4


The ROK shall:

(a) Within thirty (30) days of the date that this Memorandum of Agreement enters into force, accept title to, and accountability for, the munitions, equipment, and materiel listed in Appendix A in an "as is, where is" condition and provide the U.S. with a receipt signed by officials authorized to accept the title and accountability on behalf of the ROK

(b) Prior to the transfer of title to, or possession of, the munitions, equipment, and materiel listed in Appendix A to anyone who is not an officer, employee, or agent of the ROK, first obtain the written consent of the U.S.

(c) Use, or permit the use, of the munitions, equipment, and materiel listed in Appendix A for internal security, legitimate self-defense, or measures consistent with the Charter of the United Nations

(d) Store the munitions, equipment, and materiel listed in Appendix A with the same level of security that was provided prior to the entry into force of this Memorandum of Agreement

(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 all 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 the date this Memorandum of Agreement enters into force and waive all storage expenses for those munitions through 2024

(j) Permit the U.S., upon request, to conduct end-use monitoring verification, including 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.


ARTICLE 6

The U.S. shall be permitted unimpeded 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 until the retrograde of all munitions, equipment, and materiel listed in Appendix B is complete.


ARTICLE 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.


ARTICLE 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 Memorandum 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.


ARTICLE 12

This Memorandum 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 WITNESS 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 17th day of October, 2008, in the Korean and English languages, both texts being equally authentic.

FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF

THE REPUBLIC OF KOREA THE UNITED STATES OF AMERICA

APPENDIX A

UNITED STATES WAR RESERVE STOCKPILE FOR ALLIES, KOREA MUNITIONS, EQUIPMENT, AND MATERIEL TO BE TRANSFERRED TO THE GOVERNMENT OF THE REPUBLIC OF KOREA (별첨)

APPENDIX B

UNITED STATES WAR RESERVE STOCKPILE FOR ALLIES, KOREA MUNITIONS, EQUIPMENT, AND MATERIEL TO BE RETAINED BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA (별첨)