SECRET

oracticable. The authorities of the State having the primary right shall give
sympathetic consideration to a request from the authorities of the other State
for a waiver of its right in cases where that other State considers such waiver
to~be~of particular” importanees merge

i: The foregoing provisions of this Article shal] not imply any right
for the military authorities of the United States to exercise jurisdiction
over persons who are nationals of, Or ordinarily resident in, the Republic of

“orea, unless they are members of the United States armed forces.

5. a. The custody of an accused member of the United States armed Sorces,

the civilian component, or their dependents over whom the Republic of Korea

is to exercise jurisdiction shall, if he is in the hands of the United States,
remain in the custody of the United States until he is indicted by the Republic.
of Korea. The United States military authorities shall promptly notify the
authorities of the Republic of Korea of the arrest of any member of the United
states armed forces; the civilian component or a dependent in any case in

which the Republic of Korea has the primary right to exercise jurisdiction.

b. In case the authorities of the Republic of Korea have arrested an
offender who is a member of the United States armed forces, the civilian cem-
ponent , or a dependent subject to the military law of the United States with
respect to a case over which the Republic of Korea has the primary right to
exercise jurisdiction, the Korean authorities will release him to the custody
of the United States military authorities provided that he shall, on request,
be made available to the Korean authorities 4f such be. the condition of his
release. The United States authorities shall, on request, transfer his custody
to the Korean authorities at the time he is indicted by the latter.

c. The Staff Judge Advocate, United States Forces, Korea, is the
appropriate agent to receive service of process in all cases of criminal

SECRET

- 167 -