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13032 South Korea - Memorandum of Agreement Concerning Construction, Operation and Maintenance of a Munitions Demilitarization Facility (DEFAC) in the Republic of Korea


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13032

 

 

DEFENSE

 

 

 

Memorandum of Agreement
Between the
UNITED STATES OF AMERICA
and the REPUBLIC OF KOREA

 

 

Signed at Seoul April 21, 1999

 

 

 

 


 

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, 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

Memorandum of agreement signed at Seoul April 21, 1999;
Entered into force April 21, 1999.

MEMORANDUM OF AGREEMENT
BETWEEN
THE UNITED STATES FORCES, KOREA (USFK)
AND
THE REPUBLIC OF KOREA, MINISTRY OF NATIONAL DEFENSE (ROK MND)
CONCERNING
CONSTRUCTION, OPERATION AND MAINTENANCE OF
A MUNITIONS DEMILITARIZATION FACILITY (DEFAC)
IN THE REPUBLIC OF KOREA
PREAMBLE:
Whereas, in 1974 when the Single Ammunition Logistics System - Korea
(SALS-K) was established, demilitarization of ammunition was commonly
accomplished through open burning and open detonation; and
Whereas, at that time the amount of munitions which would require
demilitarization was envisioned to be small enough that such methods could easily
meet the need; and
Whereas, due to current national and international environmental restrictions
and safety concerns, open burning and open detonation methods of munitions
disposal are no longer acceptable means of large-scale demilitarization, particularly
within the Republic of Korea; and
Whereas, even when and where such methods of demilitarization can be used,
the current demilitarization capacity of the Republic of Korea military is insufficient to
meet current demilitarization requirements; and
Whereas, both the agreement establishing SALS-K and the Protocol thereto
authorize specific and detailed procedures to be developed to implement the
agreement and accomplish the functions under the Protocol;
Now, therefore, United States Forces Korea (USFK) and the Republic of Korea
(ROK) Ministry of National Defense (MND) have agreed that it is to the mutual benefit
of both parties to establish a munitions Demilitarization Facility (DEFAC) in the ROK
which can utilize modern Ammunition Peculiar Equipment (APE) to dispose of
unneeded munitions in a manner other than open burning and open detonation.
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ARTICLE I. AUTHORITY
This memorandum of agreement (MOA) is based on the Mutual Defense Treaty
between the Government of the United States of America and the Government of
Republic of Korea, signed on 1 October 1953, and the Memorandum of Agreement
between the Government of the United States of America and the Government of the
Republic of Korea Concerning Conventional Ammunition Logistics in the Republic of
Korea and the Protocol thereto (SALS-K MOA), signed on 25 November 1974.
ARTICLE II. PURPOSE
The purpose of this MOA is to define the responsibilities of USFK and ROK MND for
the construction, operation, and maintenance of a US and ROK munitions
Demilitarization Facility (DEFAC). This agreement applies to all US and ROK entities
responsible for the construction, maintenance, and operations of the DEFAC using
ROK facilities and US-provided APE and associated supporting equipment.
ARTICLE III. CONCEPT
a. USFK will obtain and position APE and supporting equipment, including a
munitions waste water treatment system, in the ROK as US property at US expense,
and provide technical information and expertise as necessary for the construction,
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establishment and operation of the DEFAC. The US will retain ownership of and
provide maintenance above the ROK operator level for the APE and supporting
equipment, to include the munitions waste water treatment system and all associated
technology.
b. ROK MND will provide all utilities, land and facility construction of the
DEFAC to house all equipment where demilitarization operations will be conducted.
This will include connection of all utilities such as electricity, water, heating and fuel to
the facility and the equipment. ROK MND will retain possession and control of the
facility and the land on which the demilitarization facility is situated. Unless otherwise
specified in this agreement, ROK environmental standards will apply. ROK MND will
operate the facility as a government-owned contractor-operated (GOCO) facility, and
retains the right to consider any other organizational structure of operation.
c. An acceptance test will be accomplished by a combined US-ROK team after
completion of APE and waste water disposal system installation, operational testing,
and operator training.
d. Upon approval of the US Industrial Operations Command (IOC)/U.S. Army
Defense Ammunition Center (DAC) and concurrence from the Combined Ammunition
Demilitarization Executive Council (CADEC), other studies may be conducted jointly
by the US and ROK to collect basic information on the effect of the operation of
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DEFAC on the environment. The specific details and methodology of each study will
be set out in a separate document.
e. Munitions not on a previously approved disposal list may be considered for
processing through the DEFAC. Approval for demilitarization of such munitions shall
require prior agreement between the parties.
f. The DEFAC may be used to demilitarize munitions belonging to any US
Department of Defense component (Army, Navy, Air Force and Marine Corps). USFK
will reimburse ROK MND for reasonable expenses incurred in the demilitarization of
US-owned ammunition (both US-intended and War Reserve Stock Allies [WRSA]
stocks) using the DEFAC. All associated demilitarization costs shall be determined
through separate negotiation between USFK and ROK MND. A separate document
will be developed to address specific costs for various demilitarization services and for
different types of munitions to be demilitarized at the DEFAC.
g. The terms and conditions under which ROK ammunition would be
demilitarized in the facility will be agreed between the US and ROK in a separate
agreement. When ROK-owned munitions are demilitarized in the DEFAC, ROK MND
will be responsible for all costs incurred in demilitarizing those munitions.
h. When US-titled munitions in WRSA are to be demilitarized at the DEFAC, or
are to be removed from Korea for demilitarization, a US and ROK joint inspection will
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be performed on the munitions in order to verify the condition of the munitions. Since
these munitions will not have been "removed from ROK storage for the benefit of any
user other than the ROK Government," it is mutually agreed that in accordance with
the provisions of the SALS-K MOA, the US has no obligation to reimburse the ROK for
storage and service costs incurred as to those WRSA munitions prior to their
demilitarization.
ARTICLE IV. SPECIFIC RESPONSIBILITIES OF USFK AND ROK MND
a. USFK:
1). USFK will assume responsibility for APE and associated equipment
provided by IOC and will install said US APE in the ROK for the purpose of
demilitarizing US-titled munitions
2). USFK will provide ROK MND with information necessary to identify
land to construct the facility, to include information concerning equipment installation
and utility connection requirements.
3). USFK will provide ROK MND technical data that ROK MND may
need to construct a facility and to train and support ROK personnel to operate the
APE consistent with US requirements.
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4). USFK is responsible to provide on-site technicians for the installation
of process equipment as supported by ROK MND simple labor. USFK is responsible
for operational testing and maintenance of APE and supporting equipment.
5). USFK will provide initial ROK operator training. USFK will also
provide initial maintenance training on the installed equipment.
6). USFK will provide surveillance and production control support for
demilitarization work for the purpose of accountability of products.
7). USFK will provide equipment replacement and repair parts in
accordance with the APE operations manual. Repair parts for the waste water
treatment system will be identified, and a spare parts list generated, by IOC/DAC, the
technology provider. USFK will also provide technical assistance and equipment
maintenance as needed.
8). If damage to equipment is due to negligence the CADEC will
determine responsibility and liability. .
9). US-provided equipment and spare parts will remain the property of
the US Army.
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10). USFK will provide demilitarization equipment which complies with
US environmental standards. USFK will also provide the standards for operation of
the equipment. Further, USFK will provide current available state of the art
processing equipment. Demilitarization operations will be accomplished in
accordance with current environmental standards established by the ROK
Government at the time of the commencement of the equipment operation.
Equipment upgrade or modification as required by more stringent environmental
standards established by the ROK Government in the future will be subject to mutual
agreement between USFK and ROK MND.
11). USFK will reimburse ROK MND for reasonable expenses incurred
in the demilitarization of US munitions in the DEFAC as set out in a separate
reimbursement schedule.
12). USFK will be responsible for disposing of the hazardous and
special waste/residue generated from the demilitarization of US-titled munitions.
Explosives recovered will be handled in accordance with Article IV, paragraph b (9).
b. ROK MND:
1). ROK MND will provide land on which to construct the demilitarization
facility, and will construct said facility in accordance with applicable US and ROK
construction standards.
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2). ROK MND will provide utilities for the operation of the DEFAC.
3). ROK MND will provide the simple labor for assisting in the
installation of the process equipment, including the waste water treatment system.
4). ROK MND will provide labor (such as pipe fitters, electricians,
plumbers, etc.) to connect all utilities, and operate the facility in accordance with
applicable US operating procedures.
5). ROK MND will furnish service magazines to accommodate the
storage of ammunition to be demilitarized, and of components and by-products from
the demilitarization process. Facilities and other support to accommodate the
processing of hazardous wastes which must be disposed of by USFK will meet US
standards. The floor space and duration of storage will be determined by the CADEC.
6). ROK MND will operate and maintain the DEFAC, and will also
supervise the DEFAC operations. Environmental standards on items and processes
for which the ROK is responsible will follow ROK law.
7). ROK will not sell, release, transfer, or otherwise disclose to third
parties the US patented Pink Water Treatment technology or technical and intellectual
property, articles and information without the prior written consent of the US Army
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Defense Ammunition Center, the technology provider. This provision will survive
termination of this agreement.
8). It is understood by the parties that technical information exchange
under this MOA may be provided to ROK engineering contractors to facilitate the
construction and performance of work under this MOA. However, prior to releasing
any technical information to such contractors, the releasing party shall secure from its
contractors a legally binding commitment to use such information only in strict
accordance with the terms of this MOA and to protect such technology information
against unauthorized disclosure, and shall zealously enforce such legal commitment.
This provision will survive termination of this agreement.
9). ROK MND will sell metals, explosives and other by-products from the
demilitarization of US munitions. These products will be sold competitively to the
extent practicable, with the value received and the costs of sale being reported to
USFK. The net value, after deducting costs of sale, will be applied against US costs
of operation of the DEFAC. Conditions of sale of explosives recovered during
demilitarization of US munitions shall be mutually approved by the US and ROK.
Material which cannot be sold will be disposed of by the ROK at USFK expense.
10). ROK MND will be responsible to transport, secure, and account for
US titled munitions for the purpose of demilitarization. Related expenses will be
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reimbursed by USFK. The method of transportation will be determined by the CADEC
in accordance with the principle of using the most cost-efficient manner.
11). ROK MND will retain property accountability for the land and facility,
which will not be granted to the US under the US-ROK Status of Forces Agreement
(SOFA).
12). In constructing the DEFAC, ROK MND will accept US design and
safety specifications set out in the technical data package (TDP) provided by the US
Army Corps of Engineers. ROK MND retains the right to propose partial modification
in structure, construction material and construction methods so long as the changes
do not negatively affect safety. ROK MND will provide USFK advance notice of any
proposed deviations from the original design for consultation and concurrence.
ARTICLE V. ADMINISTRATION OF THE AGREEMENT
a. A Combined Ammunition Demilitarization Executive Council (CADEC) is
established, consisting of the Assistant Chief of Staff, J4, USFK, and the Director,
Logistics Procurement Bureau, ROK MND as senior members, with appropriate
assistants as appointed by the respective senior members. A listing of the members
of the CADEC as of the date of entry into force of this Agreement is listed at Annex A
hereto; however, the additional members of the CADEC may be changed by the
respective senior members without requiring a formal amendment to this Agreement.
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b. An Executive Secretariat Group (ESG) is also established. The Chief,
Munitions, ACofS, J4 USFK and the Chief, Ammunitions Division, Logistics Procure-
ment Bureau, ROK MND serve as Chairmen of the ESG. The respective senior
members of the CADEC will designate the remaining ESG members.
c. In the absence of either senior member of the CADEC, the corresponding
Chairman of the ESG or the officer who acts on his behalf with regard to his national
functions shall perform his duties.
d. The CADEC will determine its own procedures and will plan, consult, and
implement all matters involving this MOA.
e. The Chairmen of the ESG shall have authority to sign and issue on behalf of
the CADEC all administrative and operational decisions, plans, procedures, and other
documents required or appropriate to implement and administer this MOA.
ARTICLE VI: DISAGREEMENTS
a. Executive Agents:
1). The executive agent for USFK for all matters affecting the terms and
conditions of this MOA will be HQ, United States Forces Korea (USFK), Assistant
Chief of Staff, J4, ATTN: FKJ4, APO AP 96205-0010.
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2). The executive agent for ROK MND for all matters affecting the terms
and conditions of this MOA will be the Director, Logistics Procurement Bureau,
Ministry of National Defense, #1 Yongsan-dong 3 Ka, Yongsan-Ku, Seoul, Korea.
b. The executive agents will make good faith efforts to resolve any
disagreements between them with respect to the interpretation or application of this
MOA. Disagreements which cannot be resolved by the executive agents will be
referred up the respective chains of command for resolution.
ARTICLE VII. LANGUAGE
This MOA is executed in two originals in the English text and two originals in Korean
language, each text being equally authentic.
ARTICLE VIII. ENTRY INTO FORCE, REVIEW, AMENDMENT, TERMINATION
a. Entry into force: This MOA shall enter into force on the date of the last
signature below.
b. Review: This MOA shall be reviewed annually during the anniversary month
to determine if changes should be made.
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c. Amendment: This MOA may be amended or revised in writing at any time
by mutual consent of both parties. Amendments cannot have retroactive effect.
Requests for amendment will be made in writing by the requesting party at least 30
days in advance of the desired date of the amendment. If such a request is made,
both parties shall promptly enter into negotiations. Amendments will be in writing, and
signed by both parties.
d. Termination:
1). This MOA will remain in force during the life of the SALS-K MOA.
However, this MOA may be earlier terminated by mutual agreement or by either party
giving 120 days advance written notice of termination to other party.
2). In the event of termination, ROK MND Logistics Procurement Bureau
and USFK ACofS J4 will provide each other a detailed bill reflecting costs incurred or
to be incurred as of the date of termination. The parties will reconcile all accounts
within three months after the date of termination. Settlement of these accounts will be
completed not later than six months after the date of termination. In the event of
termination, each party may take possession and control of its property, and dispose
of it. The US may either remove its equipment from the DEFAC, or transfer/sell the
equipment to ROK MND in accordance with mutually agreed terms and conditions.
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3. Certain provisions, as specified in this agreement, survive termination
of the agreement and remain binding on the parties.
FOR UNITED STATES FORCES KOREA FOR THE ROK MINISTRY OF
NATIONAL DEFENSE
DANIEL J. PETROSKY MOON, IL-SUB
Lieutenant General, USA. Deputy Minister for Acquisition
Chief of Staff Ministry of National Defense
United States Forces Korea
Date of Signature: 21 April 1999 Date of Signature: 99.4.21
Place of Signature:Seoul, KoreaPlace of Signature:
Annex A: Membership of the CADEC at the time of entry into force of the agreement
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COMBINED AMMUNITION DEMILITARIZATION EXECUTIVE COUNCIL (CADEC)
ROK MND Members
1. Director General of Logistics
Procurement Bureau, ROK MND
2. Chief, Ammo Division Logistics
Procurement Bureau, ROK MND
3. Chief, Environmental Division, Military
Facilities Bureau, ROK MND
4. Deputy Chief, Arms Verification Agency
ROK MND
5. Chief, Ammunition Division
DCSLOG, HQ ROK Army
6. Chief, Demilitarization Commission
Management Team, ADD
7. Commander, 3rd ROK Army Ammunition
Unit (Hwanggan)
8. DEFAC Contractor Representative
9. Members at Large *
USFK Members
1. Assistant Chief of Staff, J4,
United States Forces Korea
2. Chief Munitions Div, ACofS J4,
United States Forces Korea
3. Environmental Program Officer,
ACofS Engineer, Eighth US Army
4. Chief, Munitions Division, ACofS G4,
Eighth US Army
5. Chief Maint/Demilitarization Branch
DCSLOG, USARPAC
6. Program Manager, Korea/Japan
Organic Demil, USA IOC
7. Chief, Missile/Munitions Division
6th Support Center (MM)
8. Commander, 6th Ordnance Battalion
9. Members at Large *
* Chief, Ammunition Branch, 19th TAACOM
* Scientific Advisor, US Army Defense Ammunition Center
* Chief, Ammunition Division, DCSLOG, HQ ROK Air Force
* Chief, Ammunition Division, DCSLOG, HQ ROK Navy
* Director, Ammunition Inventory Management, ROKA ASC
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