ARTICLE XXII
Add a new Agreed Minute re Paragraph 5( c):
1. In the event the Republic of Korea authorities have arrested an accused who is a member of the United States armed forces or the civilian component, or a dependent, with
respect to a case over which the Republic of Korea has the primary right to exercise jurisdiction, the Korean authorities will, on request, hand him over to the custody of the United
States military authorities, provided that he shall, on request, be made available to the Republic of Korea authorities, for the purposes of investigation and trial.
2. In cases where the Republic of Korea authorities have arrested an accused who is a member of the United States armed forces or the civilian component, or a dependent at the
scene of the crime, in immediate flight therefrom or prior to the accused's return to U. S. control and there is adequate cause to believe that he has committed a heinous crime of murder or an
egregious rape, and there is necessity to retain him for the reason that he may destroy evidence; he may escape; or he may cause harm to the life, person or property of a victim or a potential
witness, the United States military authorities agree not to request transfer of custody unless there is legitimate cause to believe that a failure to request custody would result in prejudice to
an accused's right to a fair trial.
3. The military authorities of the United States shall transfer custody to the Republic of Korea authorities if the offense over which the Republic of Korea has the primary right of
jurisdiction and for which the Republic of Korea has requested the transfer of custody at the time of indictment or thereafter falls within the following categories of cases of sufficient
gravity to warrant custody and adequate cause and necessity exists for such custody:
(a) murder;
(b) rape (including quasi-rape and sexual intercourse with a minor under thirteen years of age);
(c) kidnapping for ransom;
(d) trafficking in illegal drugs;
(e) manufacturing illegal drugs for the purposes of distribution;
(f) arson;
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