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States representative and make preliminary investigation into the case after their arrest and before transferring them to the military authorities of the United States. The right to legal
representation exists from the moment of arrest or detention and includes the right to have counsel present, and to consult confidentially with such counsel at all preliminary
investigations, examinations, pretrial hearings, the trial itself, and subsequent proceedings at which the accused is present. The United States representative is to be an impartial observer
and neither the United States representative nor the counsel shall interfere with any questioning.

2. Requests for the transfer of "pretrial custody" (which means "custody before final conviction") of a member of the United States armed forces or the civilian component, or of a
dependent, with respect to a case over which the Republic of Korea has the primary right to exercise jurisdiction, at the time of indictment or thereafter, may be made in those categories of
cases as set out in the Agreed Minute re Article XXII Paragraph 5( c) or thereafter agreed by the Joint Committee, where there is adequate cause and necessity for such custody.

3. In cases where custody has not been transferred to or retained by the Republic of Korea authorities under paragraphs 2, 3, 10 or 11 of the Agreed Minute re Article XXII, Paragraph
5( c), the custody of an accused member of the United States armed forces or the civilian component, or of a dependent, with respect to a case over which the Republic of Korea has the
primary right to exercise jurisdiction, shall, if he is in the hands of the military authorities of the United States, remain with the military authorities of the United States pending the conclusion
of all judicial proceedings and until custody is requested by the authorities of the Republic of Korea.

4. The military authorities of the United States will give full account to any request by the Republic of Korea authorities for "pretrial confinement" (which means "confinement before
final conviction") by the United States military authorities of an accused with respect to a serious case over which the Republic of Korea has the primary right to exercise jurisdiction.

5. The authorities of the Republic of Korea will give sympathetic consideration to a request from the military authorities of the United States for assistance in maintaining custody
of an accused member of the United States armed forces, the civilian component or a dependent. This does not obligate the authorities of the Republic of Korea to provide any
assistance to the military authorities of the United States in maintaining military custody of an accused member of the United States armed forces, the civilian component, or a dependent.
Rather, it is to provide a procedure for transfer of custody to the authorities of the Republic of Korea when the military authorities of the United States believe they will be unable to make