[Title] Exchanges of Notes, Agreement between Japan and the Republic of Korea Concerning Joint Development of the Southern Part of the Continental Shelf Adjacent to the two Countries

I a

Seoul, January 30, 1974

Excellency,

I have the honour to refer to article XI of the Agreement between the Republic of Korea and Japan concerning joint development of the southern part of the continental shelf adjacent to the two countries signed today (hereinafter referred to as "the Agreement") and to confirm, on behalf of the Government of the Republic of Korea, the following arrangements concerning drilling obligations of concessionaires to be performed during the period of exploration right.

1. (1) Concessionaires of both Parties authorized with respect to each subzone as specified in the appendix to the Agreement shall drill one well during the first three-year period, the following three-year period and the remaining two-year period respectively.

(2) For the purposes of (1), sole risk operations shall be regarded as having been performed by concessionaires of both Parties.

(3) Subzones I and IX shall be deemed to constitute a single subzone for the purposes

(4) Notwithstanding the provisions of (1), concessionaires authorized with respect to Subzone VIII shall be exempted from the obligations under (1) during the first three-year period and concessionaires authorized with respect to Subzones II, III, IV and VI shall be exempted from the obligations under (1).

2. The present arrangements shall become applicable as from the date of entry into force of the Agreement.

I have further the honour to propose that the present Note and Your Excellency's Note in reply thereto confirming the foregoing arrangements on behalf of the Government of Japan shall be regarded as constituting an agreement between the two Governments.

I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration.

DONG-JO KIM

Minister of Foreign Affairs

His Excellency Torao Ushiroku

Ambassador Extraordinary and Plenipotentiary of Japan to the Republic of Korea

II a

Seoul, January 30, 1974

Excellency,

I have the honour to acknowledge the receipt of Your Excellency's Note of today's date which reads as follows:

[See note I a]

I have further the honour to confirm, on behalf of the Government of Japan, the arrangements embodied in Your Excellency's Note and to agree that Your Excellency's Note and this Note shall be regarded as constituting an agreement between the two Governments.

I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration.

TORAO USHIROKU

Ambassador Extraordinary and Plenipotentiary of Japan to the Republic of Korea

His Excellency Mr. Dong-Jo Kim

Minister of Foreign Affairs of the Republic of Korea

I b

Seoul, January 30, 1974

Excellency,

I have the honour to refer to article XX of the Agreement between the Republic of Korea and Japan concerning joint development of the southern part of the continental shelf adjacent to the two countries signed today (hereinafter referred to as "the Agreement") and to confirm, on behalf of the Government of the Republic of Korea, the following arrangements concerning the prevention of collisions at sea.

1. The Government of either Party shall take the following measures in the sub-zones of the Joint Development Zone with respect to which that Party has authorized concessionaires designated and acting as operators:

(1) (a) When the exploration under the Agreement is carried out in such subzones by surface vessels, that Government shall promptly inform the other Government and mariners of the areas covered by, and the durations of, such exploration activities.

(b) When a fixed installation hazardous to navigation (hereinafter referred to as "fixed installation") is erected, that Government shall promptly inform the other Government and mariners of the exact location of the fixed installation and other particulars necessary for the safety of navigation, such as markings to be fixed to such installation while being erected. That Government shall take similar measures when a fixed installation is dismantled or removed.

(2) When a fixed installation has been erected which rises above the water, that Government shall ensure that:

(a) The fixed installation is marked at night by one or more white lights so constructed that at least one light is visible from any direction. Such lights shall be placed not less than 15 metres above Mean High Water and shall flash Morse letter U (..-) every 15 seconds or less. The intensity of such lights shall be not less than 6,000 candelas;

(b) The horizontal and vertical extremities of the fixed installation are marked at night by red lights having intensity of not less than 300 candelas;

(c) The fixed installation is equipped with one or more sound signals so constructed and fixed as to be audible from any direction. The sound signals shall have a rated range of not less than 2 nautical miles and shall emit blasts corresponding to Morse letter U (..-) every 30 seconds. The signals shall be operated when the meterological visibility is less than 2 nautical miles;

(d) A radar reflector is so fixed as to enable vessels approaching the fixed installation from any direction to clearly detect the presence of the fixed installation on their radar from a distance of not less than 10 nautical miles;

(e) The fixed installation is equipped with appropriate markings to prevent collisions with aircraft.

(3) When an underwater fixed installation such as submerged well or pipe-line has been erected, that Government shall ensure that it is adequately marked.

(4) (a) When a number of fixed installations are situated in close proximity to one another and when safety of navigation can be secured without each of fixed installations being individually equipped with signals referred to in (2) (a), (b), (c) and (d), such fixed installations may be regarded as constituting a single fixed installation for the purposes of (2) (a), (b), (c) and (d).

(b) When a fixed installation itself possesses radar reflectory capability which meets the requirements of (2) (d), the fixing of a radar reflector may be omitted.

2. The present arrangements shall become applicable as from the date of entry into force of the Agreement.

3. The present arrangements may be terminated by either Government by giving one year's written notice to the other Government.

4. The two Governments shall meet before the present arrangements are terminated in accordance with 3 to decide on future arrangements.

I have further the honour to propose that the present Note and Your Excellency's Note in reply thereto confirming the foregoing arrangements on behalf of the Government of Japan shall be regarded as constituting an agreement between the two Governments.

I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration.

DONG-JO KIM

Minister of Foreign Affairs

His Excellency Torao Ushiroku

Ambassador Extraordinary and Plenipotentiary of Japan to the Republic of Korea

II b

Seoul, January 30, 1974

Excellency,

I have the honour to acknowledge the receipt of Your Excellency's Note of today's date which reads as follows:

[See note I b]

I have further the honour to confirm, on behalf of the Government of Japan, the arrangements embodied in Your Excellency's Note and to agree that Your Excellency's Note and this Note shall be regarded as constituting an agreement between the two Governments.

I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration.

TORAO USHIROKU

Ambassador Extraordinary and Plenipotentiary of Japan to the Republic of Korea

His Excellency Mr. Dong-Jo Kim

Minister of Foreign Affairs of the Republic of Korea

I c

Seoul, January 30, 1974

Excellency,

I have the honour to refer to article XX of the Agreement between Japan and the Republic of Korea concerning joint development of the southern part of the continental shelf adjacent to the two countries signed today (hereinafter referred to as "the Agreement") and to confirm, on behalf of the Government of Japan, the following arrangements concerning the prevention and removal of pollution of the sea resulting from activities relating to exploration or exploitation of natural resources in the Joint Development Zone.

I

The Government of either Party shall ensure that the following measures are taken with respect to (a) a well or a marine facility relating to exploration or exploitation of natural resources in the subzones of the Joint Development Zone with respect to which that Party has authorized concessionaires designated and acting as operators, or (b) a vessel under the flag of that Party engaged in activities relating to exploration or exploitation of natural resources in the Joint Development Zone (hereinafter referred to as "ship"):

1. Blow-out preventer, etc.

(1) (a) A well which is being drilled shall be equipped with blow-out preventer in case blow-out of oil or natural gas is likely to occur.

(b) The provisions of (a) shall not apply when oil testing or repair works are performed and automatic oil- or gas-collecting devices for blow-out have been installed.

(2) The blow-out preventer referred to in (1) shall meet the following requirements:

(a) The blow-out preventer installed at the entrance of a well shall be of an open-and-close type, and of a remote control type which can be promptly operated, with an independent power source;

(b) The operating gear or warning devices for emergency use of such blow-out preventer shall be located close to the person who operates the draw-works;

(c) Flow-bean or other devices shall be installed to control the quantity of oil or natural gas flowing from the outlet of such blow-out preventer;

(d) Devices capable of prevention of blow-out of oil or natural gas from inside drilling pipes, tubing pipes or casing pipes shall be installed.

(3) (a) When drilling of a well or oil testing is performed, muddy water or its materials for emergency use and such materials as are necessary for making heavy muddy water or for controlling the quality of muddy water shall be stocked at the drilling site.

(b) The provisions of (a) shall not apply when automatic oil- or gas-collecting devices for blow-out have been installed.

(4) The blow-out preventer, automatic oil- or gas-collecting devices for blow-out and other devices installed at the entrance of a well shall be such that they can withstand at least the pressures prescribed in the Schedule attached to this Note.

(5) In the course of drilling operations, the following requirements shall be met:

(a) When a well has been drilled to an appropriate depth, the insertion of casing pipes and cementing shall be performed promptly;

(b) When cementing has been performed, its effectiveness shall be confirmed by applying pressure or by other means;

(c) Devices capable of immediate detection of any unusual increases or decreases in the quantity of muddy water in the tank for circulating muddy water shall be installed.

(6) Pressure proof tests of the blow-out preventer shall be conducted at least once a month by applying appropriate pressures.

(7) The blow-out preventer shall be closed when drilling operations are suspended because of difficulties arising from meteorological conditions in maintaining the position of a drilling facility or because of the occurrence, or the danger, of an accident.

2. Discharge of oil

(1) (a) Crude oil, fuel oil, heavy diesel oil, lubricating oil or a mixture containing such oils (hereinafter referred to as "oil") shall not be discharged from a ship or a marine facility.

(b) The provisions of (a) shall not apply to:

(i) The discharge of oil from a ship other than a tanker or the discharge of bilge from a tanker, when the following conditions are all satisfied:

i) The ship or tanker is proceeding en route;

ii) The instantaneous rate of discharge of oil content does not exceed 60 litres per nautical mile;

iii) The oil content of the discharge is less than 100/1,000,000 of the discharge;

(ii) The discharge of oil from a tanker, when the following conditions are all satisfied:

i) The tanker is proceeding en route;

ii) The instantaneous rate of discharge of oil content does not exceed 60 litres per nautical mile;

iii) The total quantity of oil discharged on a ballast voyage does not exceed 1/15,000 of the total cargo-carrying capacity;

iv) The tanker is more than 50 nautical miles from the nearest land;

(iii) The discharge of water ballast from a cargo tank which has been so cleaned that any effluent therefrom would produce no visible traces of oil on the surface of the water, if it were discharged from a stationary tanker into clean calm water on a clear day.

(2) The provisions of (1) shall not apply to:

(a) The discharge of oil for the purpose of securing the safety of a ship or a marine facility, preventing damage to a ship or a marine facility or cargo of a ship or saving life at sea;

(b) The escape of oil resulting from damage to a ship or a marine facility or unavoidable leakage, if all reasonable precautions have been taken after the occurrence of the damage or discovery of the leakage for the purpose of preventing or minimizing the escape;

(c) The discharge of oil from a marine facility if the oil content of such discharge is less than 10/1,000,000 of the discharge;

(d) The discharge of oil from tankers of under 150 tons gross tonnage and other ships of under 500 tons gross tonnage.

3. Discharge of waste

(1) Waste shall not be discharged from a ship or a marine facility.

(2) The provisions of (1) shall not apply to:

(a) The discharge of refuse, excretion, sewage or similar waste resulting from daily life of the personnel aboard a ship or a marine facility;

(b) The discharge of cuttings or dirty water in a manner in which pollution of the sea is not likely to occur;

(c) The discharge of waste other than cuttings or dirty water from a ship in a manner in which pollution of the sea is not likely to occur, and at a location where such discharge is not likely to hinder the maintenance of the sea-environment;

(d) The discharge of waste for the purpose of securing the safety of a ship or a marine facility, preventing damage to a ship or a marine facility or cargo of a ship or saving life at sea;

(e) The discharge of waste resulting from damage to a ship or a marine facility or unavoidable discharge, if all reasonable precautions have been taken after the occurrence of the damage or discovery of the discharge for the purpose of preventing or minimizing the discharge.

4. Prevention and removal of pollution

When large quantities of oil have been discharged from a ship or a marine facility, measures shall be taken promptly to prevent the spread of such pollution, to prevent the continued discharge of oil and to remove the discharged oil.

5. Abandonment of a well

When a well is abandoned, measures such as sealing of the well shall be taken to prevent leakage of mine water or other substances from such well.

II

1. One Government shall promptly provide the other Government with all available information when any of the following occurs:

(a) Discharge of large quantities of oil from a ship or a marine facility;

(b) Collisions between a marine facility and a ship or other objects;

(c) Evacuation of personnel from a marine facility due to dangerous meteorological conditions or other emergencies.

2. When information concerning 1 (a) is provided, the Government concerned shall also inform the other Government of the measures taken in accordance with 1.4.

III

1. Under special circumstances, each Government may authorize exceptions to the provisions of I. 1 (2) (a), (b), (c) or (d).

2. With respect to a well exceeding 1,500 metres in depth, each Government may authorize exceptions to the provisions of I. 1 (4).

IV

Either Government may take necessary measures to prevent and remove pollution of the sea when measures are not taken in accordance with I. 4 or when that Government considers that such measures are not sufficient to prevent or remove pollution of the sea.

V

The two Governments shall cooperate closely for the effective implementation of the present arrangements.

VI

1. The present arrangements shall become applicable six months after the date of entry into force of the Agreement or on an earlier date as may be mutually agreed upon between the two Governments.

2. The present arrangements may be terminated by either Government by giving one year's written notice to the other Government.

3. The two Governments shall meet before the present arrangements are terminated in accordance with 2 to decide on future arrangements.

I have further the honour to propose that the present Note and Your Excellency's Note in reply thereto confirming the foregoing arrangements on behalf of the Government of the Republic of Korea shall be regarded as constituting an agreement between the two Governments.

I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration.

TORAO USHIROKU

Ambassador Extraordinary and Plenipotentiary of Japan to the Republic of Korea

His Excellency Mr. Dong-Jo Kim

Minister of Foreign Affairs of the Republic of Korea

SCHEDULE

II c

Seoul, January 30, 1974

Excellency,

I have the honour to acknowledge the receipt of Your Excellency's Note of today's date which reads as follows:

[See note I c]

I have further the honour to confirm, on behalf of the Government of the Republic of Korea, the arrangements embodied in Your Excellency's Note and to agree that Your Excellency's Note and this Note shall be regarded as constituting an agreement between the two Governments.

I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration.

DONG-JO KIM

Minister of Foreign Affairs

His Excellency Torao Ushiroku

Ambassador Extraordinary and Plenipotentiary of Japan to the Republic of Korea