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No. 333
The Embassy of the United States of America presents its compliments to
the Ministry of Foreign-Affairs and Trade of the Republic of Korea and has the
honor to refer to the Agreement between the Government of the United States of
America and the Government of the Republic of Korea concerning Mutual Airlift
Support Utilizing Aircraft Operated by/for the Military Forces of the Parties in
Case of Military Hostilities in the Republic of Korea, signed at Daejon and Scott
Air Force Base on June 25 and July 6, 2004 (hereinafter referred to as the
"Agreement") and subsequently extended by the Exchange of Notes on August 18,
2009, and to propose that the Agreement be amended as set out in the Appendix
attached to this Note and extended until August 17, 2019.
The Embassy has also the honor to notify the Ministry that the requirements
of the Government of the United States of America for the entry into force of such
amendment of this Agreement have been complied with.
The Embassy has further the honor to propose that this Note and its
Appendix, together with the Ministry's Note in reply indicating acceptance, shall
constitute an agreement between our two Governments, which shall enter into
force on the date of the Ministry's Note in reply.
The Embassy avails itself of this opportunity to renew to the Ministry the
assurances of its highest consideration.
Embassy of the United States of America
Seoul, August 18. 2010
Appendix
The Agreement between the Government of the United States of America and the
Government of the Republic of Korea concerning Mutual Airlift Support Utilizing
Aircraft Operated by/for the Military Forces of the Parties in Case of Military
Hostilities in the Republic of Korea, signed at Daejon and Scott Air Force Base on
June 25 and July 6, 2004 and subsequently extended by the Exchange of Notes on
August 18, 2009, shall be amended as follows:
A. The Aureement shall be amended as follows:
Article 2, paragraphs (b), (c) and (d) shall be deleted and replaced with the
following:
( b) Exchange Traffic: Cargo and passengers (including civilians and
patients) of one Party moved under this Agreement on military and civilian
transport aircraft operated by or for the other Party.
(c) Republic of Korea: The land, maritime areas, and airspace under the
sovereignty of the Republic of. Korea, and those maritime areas, including
the seabed and subsoil adjacent to the outer limit of the territorial sea over
which it exercises sovereign rights or jurisdiction in accordance with
international law and its domestic law, including the Korea Air Defense
Identification Zone (KADIZ).
(d) Occurrence of Hostility: When defense readiness condition (DEFCON)-
3 or higher has been declared for the Republic of Korea.
Article 4, paragraphs I and 4 shall be deleted and replaced with the
following:
1. Each Party agrees to utilize its best efforts, consistent with the terms
contained herein, to satisfy requests of the other Party for airlift support.
Upon a request by the other Party, air transportation of exchange traffic shall
be provided only to the extent that the Designated Operating Agency of one
Party determines, in its sole judgment, that the exchange traffic can be
accommodated without detriment to its own requirements. US FRANSCOM
shall make this determination on behalf of the USG. ROKAF HQ shall make
this determination on behalf of the ROKG.
4. USG airlift resources that shall be provided for the implementation of
this Agreement are those assigned or made available to DoD by the USG,
including aircraft operated under contract to DoD. ROKG airlift resources
are those military or civilian aircraft made available to the ROKAF by the
ROKG.
Article 5, paragraphs 2, 3 and 4 shall be deleted and replaced with the
following:
2. Credits and liabilities accrued as a result of providing or receiving
transportation shall be liquidated in accordance with the terms of this
Agreement and an implementing arrangement that will be entered into by the
Designated. Operating Agencies. Liquidation shall normally be by direct
payment. However, the Parties may agree to payment by providing in-kind
transportation. Liquidation shall occur on a regular basis, but not less often
than once every 12 months.
3. Records of exchange traffic under this Agreement shall be maintained
and validated in accordance with the aforementioned implementing
arranement.
4. Detailed arrangements for accounting, settlement, and payment for
exchange airlift services will be outlined in the aforementioned
implementing arrangement. A final accounting of credits and liabilities shall
be accomplished no later than 90 days after termination of this Agreement.
Any unresolved indebtedness shall be settled within 90 days of receipt of a
bill.
Article 7, paragraphs 1 and 2 shall be deleted and replaced with the
following:
1. The implementation of this Agreement is limited to cases of military
hostilities in the Republic of Korea. The detailed procedures for executing
this Agreement will be prescribed in the implementing arrangement referred
to in Article 5. Such an arrangement shall be concluded and carried out
within the framework of this Agreement and the national laws and
regulations of the respective Parties. In case of a disagreement between this
Agreement and such an implementing arrangement, the provisions of the
Agreement. shall prevail.
2. Either Party may request airlift from the other Party for exercise
purposes when the exercise involves simulated military hostilities in the
Republic of Korea, as defined in this Agreement. USTRANSCOM must
validate all. USG exercise airlift requests. ROKAF must validate all ROKG
exercise airlift requests. Such requests will be submitted to the Transporting
Service by the Sponsoring Service through appropriate channels far enough
in advance to allow for proper planning by the Transporting Service.
Article 10 shall be deleted and replaced with the following:
Disagreements or disputes arising between the Parties, relating to the terms,
interpretation, or application of this Agreement, any subsequent
amendment(s), or any implementing arrangements, shall be resolved through
mutual consultation between personnel of the Designated Operating
Agencies of the Parties. Disputes that cannot be resolved shall be referred to
the US-ROK Air Transportation Working Group (ATWG) for resolution.
This group shall be co-chaired by the Deputy Chief of Staff for Logistics,
ROKAF HQ, and the Director of Strategy, Policy, Programs, and Logistics,
USTRANSCOM, or their designees.
Article 11 shall be deleted and replaced with the following:
This Agreement may be amended in writing as mutually agreed by
authorized representatives of the Parties. A copy of all amendments shall be
dated, consecutively numbered, and appended to each copy of this
Agreement. Amendments to this Agreement shall take effect in accordance
with the procedures in Article 12.
Article 12 , paragraphs I and 2 shall be deleted and replaced with the
following:
1. The Agreement shall enter into force on the date both Parties have
provided written notification to each other that their respective requirements
for entry into force have been complied with. This Agreement shall remain
in force until August 17, 2019, or until terminated by the mutual agreement
of the Parties, or upon 6 months written notice of termination from one Party
to the other. This Agreement may be extended by the mutual written consent
of both Parties.
2. Upon entry into force, this Agreement shall terminate and supersede the
Memorandum of Agreement between the US Government and the ROK
Government, Subject: Use of Korean Air Lines in Contingencies, dated
December 24, 19$1, its amendments, and the Implementation Instructions
for the Use of Korean Air Lines (KAL) Aircraft in Contingencies, dated
April 12, 1995.
Annexes A and B shall be deleted in their entirety.
13. The Agreement shall be amended as follows:
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A-I '7E21
MINISTRY OF FOREIGN AFFAIRS AND TRADEREPUBLIC OF KOREA
OZT-1056
The Ministry of Foreign Affairs and Trade of the Republic of Korea presents its
compliments to the Embassy of the United States of America and has the honor
to acknowledge the receipt of the Embassy's note No. 333, August 18, 2010,
which reads as follows:
"The Embassy of the United States of America presents its compliments to the
Ministry of Foreign Affairs and Trade of the Republic of Korea and has the
honor to refer to the Agreement between the Government of the United States of
America and the Government of the Republic of Korea concerning Mutual Airlift
Support Utilizing Aircraft Operated by/for the Military Forces of the Parties in
Case of Military Hostilities in the Republic of Korea, signed at Daejon and Scott
Air Force Base on June 25 and July 6, 2004 (hereinafter referred to as the
"Agreement") and subsequently extended by the Exchange of Notes on August 18,
2009, and to propose that the Agreement be amended as set out in the Appendix
attached to this Note and extended until August 17, 2019.
The Embassy has also the honor to notify the Ministry that the requirements of
the Government of the United States of America for the entry into force of such
amendment of this Agreement have been complied with,
The Embassy has further the honor to propose that this Note and its Appendix,
together with the Ministry's Note in reply indicating acceptance, shall constitute an
agreement between our two Governments, which shall enter into force on the
date of the Ministry's Note in reply.
The Embassy avails itself of this opportunity to renew to the Ministry the
assurances of its highest consideration.
Appendix
The Agreement between the Government of the United States of America and the
Government of the Republic of Korea concerning Mutual Airlift Support Utilizing
Aircraft Operated by/for the Military Forces of the Parties in Case of Military
Hostilities in the Republic of Korea, signed at Dacjon and Scott Air Force Base
on June 25 and July 6, 2004 and subsequently extended by the Exchange of
Notes on August 18, 2009, shall be amended as follows:
A. The Agreement shall be amended as follows:
Article 2, paragraphs (b), (c) and (d) shall be deleted and replaced with the
following:
(b) Exchange Traffic: Cargo and passengers (including civilians and patients)
of one Party moved under this Agreement on military and civilian
transport aircraft operated by or for the other Party.
(c) Republic of Korea: The land, maritime areas, and airspace under the
sovereignty of the Republic of Korea, and those maritime areas, including
the seabed and subsoil adjacent to the outer limit of the territorial sea
over which it exercises sovereign rights or jurisdiction in accordance with
international law and its domestic law, including the Korea Air Defense
Identification Zone (KAD1Z).
(d) Occurrence of Hostility: When defense readiness condition (DEFCON)- 3
or higher has been declared for the Republic of Korea.
Article 4, paragraphs 1 and 4 shall be deleted and replaced with the following:
1. Each Party agrees to utilize its best efforts, consistent with the terms contained
herein, to satisfy requests of the other Party fi r airlift support. Upon a request
by the other Party, air transportation of exchange traffic shall be provided only
to the extent that the Designated Operating Agency of one Party determines,
in its sole judgment, that the exchange traffic can be accommodated without
detriment to its own requirements. USTRANSCOM shall make this
determination on behalf of the USG. ROKAF HQ shall make this
determination on behalf of the ROKG.
4. USG airlift resources that shall be provided for the implementation of this
Agreement are those assigned or made available to DoD by the USG,
including aircraft operated under contract to DoD. ROKG airlift resources are
those military or civilian aircraft made available to the ROKAF by the ROKG.
Article 5, paragraphs 2, 3 and 4 shall be deleted and replaced with the following:
2. Credits and liabilities accrued as a result of providing or receiving
transportation shall be liquidated in accordance with the terms of this
Agreement and an implementing arrangement that will be entered into by the
Designated Operating Agencies. Liquidation shall normally be by direct
payment. However, the Parties may agree to payment by providing in-kind
transportation. Liquidation shall occur on a regular basis, but not less often
than once every 12 months.
3. Records of exchange traffic under this Agreement shall be maintained and
validated in accordance with the aforementioned implementing arrangement.
4. Detailed arrano.ements for accounting, settlement, and payment for exchange
airlift services will be outlined in the aforementioned implementing
arrangement. A final accounting of credits and liabilities shall be accomplished
no later than 90 days after termination of this Agreement. Any unresolved
indebtedness shall be settled within 90 days of receipt of a bill.
Article 7. paragraphs I and 2 shall be deleted and replaced with the following:
1. The implementation of this Agreement is limited to cases of military hostilities
in the Republic of Korea. The detailed procedures for executing this
Agreement will be prescribed in the implementing arrangement referred to in
Article 5. Such an arrangement shall be concluded and carried out within the
framework of this Agreement and the national laws and regulations of the
respective Parties. In case of a disagreement between this Agreement and such
an implementing arrangement, the provisions of the Agreement shall prevail.
Either Party may request airlift from the other Party for exercise purposes
when the exercise involves simulated military hostilities in the Republic of
Korea, as defined in this Agreement. USTRANSCOM must validate all USG
exercise airlift requests. ROKAF must validate all ROKG exercise airlift
requests. Such requests will be submitted to the Transporting Service by the
Sponsoring Service through appropriate channels far enough in advance to
allow for proper planning by the Transporting Service.
Article 10 shall be deleted and replaced with the following:
Disagreements or disputes arising between the Parties, relating to the terms,
interpretation, or application of this Agreement, any subsequent amendment(s), or
any implementing arrangements, shall be resolved through mutual consultation
between personnel of the Designated Operating Agencies of the Parties. Disputes
that cannot be resolved shall be referred to the US-ROK Air Transportation
Working Group (ATWG) for resolution. This group shall be co-chaired by the
Deputy Chief of Staff for Logistics, ROKAF HQ, and the Director of Strategy,
Policy, Programs. and Logistics, USTRANSCOM, or their designees.
Article 11 shall be deleted and replaced with the following:
This Agreement may be amended in writing as mutually agreed by authorized
representatives of the Parties. A copy of all amendments shall be dated,
consecutively numbered, and appended to each copy of this Agreement.
Amendments to this Agreement shall take effect in accordance with the procedures
in Article 12.
Article 12, paragraphs 1 and 2 shall be deleted and replaced with the following:
1. The Agreement shall enter into force on the date both Parties have provided
written notification to each other that their respective requirements for entry
into force have been complied with. This Agreement shall remain in force
until August 17, 2019, or until terminated by the mutual agreement of the
Parties, or upon 6 months written notice of termination from one Party to the
other. This Agreement may be extended by the mutual written consent of both
Parties.
2. Upon entry into force, this Agreement shall terminate and supersede the
Memorandum of Agreement between the US Government and the ROK
Government, Subject: Use of Korean Air Lines in Contingencies, dated
December 24. 1981, its amendments, and the Implementation Instructions for
the Use of Korean Air Lines (KAL) Aircraft in Contingencies, dated April 12,
1995.
Annexes A and 13 shall be deleted in their entirety.
B. The Agreement shall be amended as follows:
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The Ministry has also the honor to confirm that the foregoing proposal is
acceptable to the Government of the Republic of Korea and that the Government
of the Republic of Korea's requirements for the entry into force of the proposed
amendment have been complied with.
The Ministry has further the honor to inform that the Embassy's Note and its
Appendix, together with this Note in reply, shall constitute an agreement between
our two Governments, which shall enter into force on the date of this Note in
reply.
The Ministry avails itself of this opportunity to renew to the Embassy the
assurances of its highest consideration.
Seoul, August 18, 2010
