88. Editorial Note
High-level Korean officials wanted a finalized Status of Forces Agreement between the Republic of Korea and the United States ready for signing when Secretary of State Rusk visited Seoul July 8 and 9, 1966. Secretary Rusk attended the SEATO meeting in Canberra, traveled to Manila and Taipei, and attended the meeting of the United States-Japan Committee on Trade and Economic Affairs in Kyoto prior to visiting Seoul. In Seoul the Secretary met with the Foreign Minister, Prime Minister, and President Pak. Memoranda of Secretary Rusk’s conversations, as well as a summary of his discussion with President Pak on July 9, are in National Archives and Records Administration, RG 59, Conference Files: Lot 67 D 305, ANZUS/SEATO, F.E. Trip—Manila, Taipei/Seoul, Vol. 20, Seoul.
In the weeks leading up to the visit Ambassador Kim urged officials at the Department of State to work toward achieving final agreement and signature on the Status of Forces Agreement. (Memorandum of Conversation, June 21; ibid., Central Files 1964–66, DEF 15–3 KOR S–US) After the United States studied Korea’s proposed changes to the agreement submitted in early June 1966, the Departments of State and Defense ultimately agreed to modify the criminal-jurisdiction, claims, and labor articles of the current agreement, thus addressing some of Korea’s primary concerns. (Airgram A–467 from Seoul, June 10; ibid; and memorandum from the Joint Chiefs of Staff to Secretary of Defense McNamara, June 24; Washington National Records Center, RG 330, OSD/OASD/ISA Files: FRC 70 A 6648, 250 Korea)
The most important change to the criminal-jurisdiction article, the final version of which repeated the wording used in the Status of Forces Agreement between the United States and Pakistan and incorporated the desired NATO/Netherlands formula. The final wording clarified to Korea’s satisfaction the application of military law to United States forces stationed on its territory. (Letter from Brown to McNaughton, July 13; ibid.) Although primary jurisdiction remained with Korea and required the United States to request a waiver in any individual case, Korea was required to notify the United States of its desire to exercise that jurisdiction in cases of importance. (Korean SOFA Problem, July 7; National Archives and Records Administration, RG 59, Conference Files: Lot 67 D 305, ANZUS/SEATO, F.E. Trip—Manila, Taipei/Seoul, Vol. 20, Seoul)
Secretary Rusk, Ambassador Brown, and Korean Government officials signed the agreement on July 9 in Seoul, and it went into effect February 9, 1967. Copies of the signed agreement and related documents were forwarded to the Department of State in airgram A–13 from Seoul, July 12. (Ibid., Central Files 1964–66, DEF 15–4 KOR S–US) [Page 186] The text of the agreement is printed in 17 UST 1677. The statement made by Secretary of State Rusk at the time of the signing is in Department of State Bulletin, August 1, 1966, pages 183–184.