Protocol Amending the Agreement on the Establishment of the Korean Peninsula Energy Development Organization

"The World and Japan" Database (Project Leader: TANAKA Akihiko)

Database of Japanese Politics and International Relations

National Graduate Institute for Policy Studies (GRIPS); Institute for Advanced Studies on Asia (IASA), The University of Tokyo

[Title] Protocol Amending the Agreement on the Establishment of the Korean Peninsula Energy Development Organization

[Place] Washington

[Date] September 19, 1997

[Source] United Nations Treaty Collection

[Notes]

[Full text]

The Government of the Republic of Korea, the Government of Japan, and the Government of the United States of America:

Desiring to conclude a written agreement to amend the Agreement on the Establishment of the Korean Peninsula Energy Development Organization (hereinafter referred to as the "Agreement") done at New York on March 9, 1995 in accordance with Article XIV (c) of the Agreement;

Have agreed as follows:

Article I

Article V (b) of the Agreement shall be replaced by the following:

"(b) Additional states and international organizations, including regional integration organizations, that support the purposes of the Organization and offer assistance, such as providing funds, goods, or services to the Organization, may, with the approval of the Executive Board, also become members of the Organization (hereinafter jointly with the original Members referred to as "Members") in accordance with the procedures in Article XIV (b)."

Article II

1. Article VI (b) of the Agreement shall be replaced by the following:

"(b) The Executive Board shall consist of one representative of each of the original Members and representatives of such other Members as may be approved. Such approval shall be made by decision of the Executive Board existing at the time of such approval on the basis of substantial and sustained support to the Organization. The terms and conditions in connection with this approval shall be determined in each case by the Executive Board existing at the time of such approval."

2. Article VI (e) of the Agreement shall be replaced by the following:

"(e) Decisions of the Executive Board shall be made by a consensus of the representatives serving on the Executive Board or, if a consensus is not achievable, by a majority vote. If voting is required, each Member that is represented on the Executive Board (hereinafter referred to as "Executive Board Member") shall be entitled to one vote to be cast by its representative serving on the Executive Board."

Article III

1. Article VIII (d) of the Agreement shall be replaced by the following:

"(d) The Executive Director and the Deputy Executive Directors shall be appointed for terms of two years and may be reappointed. The terms of employment, including salaries, of these officers shall be determined by the Executive Board. The Executive Director and the Deputy Executive Directors may be removed prior to the expiration of their terms by a decision of the Executive Board."

2. Article VIII (f) of the Agreement shall be replaced by the following:

"(f) The Executive Director shall establish staff positions and terms of employment, including salaries, subject to the approval of the Executive Board. The Executive Director shall appoint qualified personnel to such staff positions and dismiss personnel as necessary, in accordance with rules and regulations to be approved by the Executive Board. The Executive Director shall seek to appoint a staff in which the nationals of the original Members and other Executive Board Members are fairly represented, paying due regard to their overall role and contribution in the implementation of KEDO activities including the LWR Project, and to the importance of securing the highest standards of integrity, efficiency, and technical competence. "

Article IV

Article XIV (b), (c), and (d) of the Agreement shall be replaced by the following:

"(b) States and international organizations, including regional integration organizations, approved by the Executive Board for membership in accordance with Article V (b) may become Members by submitting an instrument of acceptance of this Agreement to the Executive Director, which shall become effective on the date of receipt by the Executive Director.

(c) This Agreement may be amended, terminated, or suspended by written agreement of all Executive Board Members or, if such agreement is not achievable, by written agreement of a majority of the Executive Board Members.

(d) Amendment to this Agreement shall enter into force ninety days after the date on which the written agreement to amend is registered with the Executive Director. Any Executive Board Member that does not enter into that written agreement may withdraw from this Agreement anytime between the registration of that written agreement with the Executive Director and the entry into force of the amendment by giving written notice of withdrawal to the Executive Director, with such withdrawal becoming effective upon receipt of the notice by the Executive Director notwithstanding the provisions of Article XV."

Article V

This protocol shall enter into force upon signature.

Done at Washington, D. C., this nineteenth day of September, 1997, in three copies in the English language.

For the Government of the Republic of Korea:

PARK KUN-WOO

For the Government of Japan:

SAIRO KUNIHIKO

For the Government of the United States of America:

PAUL M. CLEVELAND