NEW START FOR U.S.-ROK BASE RETURN NEGOTIATIONS

C O N F I D E N T I A L SEOUL 001029 SIPDIS E.O. 12958: DECL: 05/20/2018 TAGS: PREL MARR PARM PGOV KS SUBJECT: NEW START FOR U.S.-ROK BASE RETURN NEGOTIATIONS Classified By: POL M/C Joseph Y. Yun, Reasons 1.4 (b,d). -------------- SUMMARY -------------- ¶1. (C) The ROK Ministry of Foreign Affairs and Trade (MOFAT) convened a SOFA Special Joint Committee (SJC) meeting at the Alternate Representative level on May 15 to discuss how to improve the camp returns process under the U.S.-ROK Status of Forces Agreement (SOFA). At the meeting, both sides stressed a desire to resolve the contentious environmental issues surrounding USFK camp returns that had soured the Alliance's image in the eyes of both countries' publics and legislatures. The U.S. delegation was led by USFK Assistant Chief of Staff, J-5 Major General Frank Panter, with Embassy, SOFA Secretariat, and Judge Advocate General representation. The ROK delegation, chaired by ROK Alternate Representative (and MOFAT North American Affairs Deputy Director General) Chang Ho-jin with deputy DG-level representation from both the Ministry of National Defense (MND) and the Ministry of Environment (MOE),presented a unified ROKG position calling for adjustments to the remediation standards, time frame for environmental surveys, and the post-remediation verification procedures under the 2001 SOFA Memorandum of Special Understanding on Environmental Protection (MOSU) and certain implementing agreements for environmental joint surveys, as well as an extension of MOE's survey of Camp Hialeah. The ROK side also presented three proposals to establish specific remediation standards, which the U.S. side agreed to take under review and provide a response at the next Special Joint Committee meeting to be held within the next month. ¶2. (C) Atmospherics and Comment: The meeting was characterized by a positive and constructive attitude on both sides. In contrast to last year's contentious negotiations over camp returns, it was clear that the ROK side had worked hard to develop a coordinated interagency position and that MOFAT, under DDG Chang's leadership, had assumed clear responsibility for organizing the ROK position. DDG Chang, rumored to be the next North American Affairs DG when the current DG Cho Byung-jae leaves his post after the July Presidential Summit, demonstrated a measured and practical approach to the negotiations. Emphasizing the importance of both the Special Joint Committee forum and regular "informal" meetings with the U.S. side, he appeared personally invested in making progress. In one such informal meeting earlier in the week, Chang told MajGen Panter and Emboff David Wolff that he was determined to focus the ROK's proposals on key concerns, noting he had "whittled down" MOE's demands from ten to just three or four. At the meeting, Chang emphasized that the Special Joint Committee would not address technical, environmental issues, which MOE would have to continue to discuss at the Environmental Subcommittee level. In another instance, during coordination of a press release at the end of the meeting, Chang successfully reigned-in MOE representatives who clearly objected to the U.S. request to remove the term "environmental issues" from the press guidance. While the constructive tone and pared-down ROKG agenda under MOFAT leadership represent positive, welcome developments that could pave the way for a smoother negotiation process, the meeting also revealed that deep substantive divides remain. One of the most significant differences is the scope; the ROK side continued to emphasize the need for a "universal" solution that would apply to all 42 remaining camp returns, while the U.S. seeks to make progress returning nine facilities this year and addressing specific conditions for others on a case-by-case basis. The remaining differences are likely to emerge even more prominently as discussions in the SJC continue, but the hope is that the addition of the SJC venue with full ROKG interagency participation will itself facilitate their resolution. End Comment. -------------- - SETTING THE TONE: NARROW THE GAPS STEP-BY-STEP -------------- - ¶3. (C) In his opening remarks, DDG Chang called for both sides to resolve difficulties surrounding the return of USFK bases "as quickly as possible" to prevent damaging the Alliance as had happened with the acrimony and negative publicity over the camp returns in 2007. To do so, Chang emphasized his desire to conduct negotiations characterized by "flexible and reasonable attitudes" on both sides, noting that the issues could best be resolved through a series of meetings with each side carefully reviewing and providing counterproposals in order to narrow the gap between the two sides. He said that the SJC meeting would address general base return matters, while technical discussions, particularly on specific environmental issues, would continue in the Environmental Subcommittee. MajGen Panter echoed DDG Chang's hopes for constructive talks and resolution acceptable to both sides. He emphasized that the U.S. considered the current camp returns process as outlined under the SOFA sufficient, but in the interest of strengthening the Alliance, the U.S. side would listen carefully to the ROK proposals, take them under review, and provide a response at the next SJC meeting. Both DDG Chang and MajGen Panter agreed that given the sensitivities surrounding the issues, the U.S. and ROK would seek prior consultation on any press releases. ¶4. (C) After the U.S. side provided an update on the status of the nine USFK faciities to be returned in 2008, DDG Chang outlined four areas that the ROKG hoped to address in the SJC, including 1) clarifying the applicable remediation standards; 2) adjusting the environmental survey time frame allotted; 3) restarting the environmental survey at Camp Hialeah; and 4) establishing post-remediation verification procedures. Chang noted that the ROK side would focus on the first three items in the first SJC meeting and would present more detailed proposals regarding post-remediation verification procedures in future meetings. -------------- ROKG PROPOSALS ON REMEDIATION STANDARDS -------------- ¶5. (C) DDG Chang said that the first priority for the ROKG was to establish clearer remediation standards for returned camps that the ROK could more easily explain and defend to the ROK National Assembly and public. Chang presented three separate proposals on how to clarify the remediation standards for returned USFK facilities. The proposals focused on how to specifically identify what the ROK side refers to as "the KISE standard" as agreed to in the 2001 MOSU. The first proposal was to set the KISE standard for instances of oil and heavy metal contamination to the "most lenient" standards outlined in ROK domestic environmental law. The second proposal called for the remediation standards to be based on the type of facility being returned, for example, residential and commercial facilities would be subject to one set of standards while a different set of standards would apply to facilities far from population centers. The third proposal called for a joint U.S.-ROK expert panel to convene and determine, on a case-by-case basis, whether KISE standards applied to the facility to be returned. ¶6. (C) MajGen Panter questioned the ROKG proposal's use of the term "KISE standard," noting that KISE was not a standard in of itself. Rather, he stressed that U.S. commanders around the world used the KISE or "Known, Imminent, and Substantial Endangerment to human health" as a criteria to determine whether remediation was required to protect personnel and families living and working on facilities. KISE was a criteria for consideration, not a set of specific standards, he cautioned. Nonetheless, MajGen Panter assured DDG Chang that the U.S. would carefully review the ROKG proposals and provide a U.S. response at the next Special Joint Committee Meeting. Text of the ROKG proposal follows. ¶7. BEGIN TEXT. Environmental Remediation Standard (Proposal I by the Republic of Korea) Specify the KISE standard by: - Establishing the appropriate level of remediation as "Action Level for Area 'B'"* in accordance with the "Soil Environmental Preservation Act" - As for oil, the contamination level require "Action Level for Area 'B'" would be the 5,000ppm according to the "Soil Environmental Preservation Act" - As for other items subject to remediation (heavy metals, phenol, cadmium, etc.),the same "Action Level for Area 'B'" as provided in the Act may apply. (*Description on the Remediation Level, Action Level and Areas (A, B) according to the "Soil Environmental Preservation Act" - Remediation Level: Contamination level which is likely to hamper human health and property, as well as growth of animals and plants. - Action Level: Contamination level that hampers human health and property, as well as growth of animals and plants in excess of the 'Remediation Level' of the above, requiring counter measures for coping with the contamination - Area - 'A': Dried field, rice field, orchard, animal farm, forest, school area, river, park, physical training area (limited to areas with plantations),recreation resorts, religious areas, historical site. Residential properties fall under area 'A' 'B': Factory site, Road, Railroad, etc. Areas for industrial use fall under area 'B') Environmental Remediation Standard (Proposal II by the Republic of Korea) Specify the KISE standard by: - Agreeing on the appropriate level of remediation based on the categorization of bases according to their characteristics, locations and so forth - As for large/seriously contaminated/near city/oil contaminated bases, "Action Level for Area 'B'" may apply - As for training ranges and all other relatively small/heavy metal contaminated/not seriously contaminated bases, a separate agreement on the remediation level may be reach between both sides Environmental Remediation Standard (Proposal III by the Republic of Korea) Specify the KISE standard by: - ROK-U.S. joint assessment on whether the bases fall within the KISE standard through the experts group composed of both sides - A ROK-U.S. joint experts group may be established and the group would jointly conduct the risk-based assessment for the bases/areas in order to determine the areas falling within the KISE standard -------------- -------------- ENVIRONMENTAL SURVEY AND REMEDIATION VERIFICATION -------------- -------------- ¶8. (C) While remediation standards was the top priority for the first meeting of the SJC, Chang also noted that in future discussions, the ROKG hoped to find a better way of determining the length of time allotted for the environmental survey by MOE on facilities to be returned. The current allotment of 50 days (in accordance with the 2002 Environmental Information Exchange and Access Procedures and 2003 "TAB A" Procedures for Environmental Survey and Consultation on Remediation for Facilities and Areas to be Granted or Returned) did not take into account the size or number of potential sources of contamination on a facility, Chang emphasized. In relation, Chang reiterated the ROKG request to "restart" the environmental survey of Camp Hialeah, for which the 50 days allotted had been insufficient to complete. MND presented a detailed map (transmitted via email) of Camp Hialeah showing four sections where soil and groundwater sampling had yet to be done. ¶9. (C) MajGen Panter asked DDG Chang to explain more clearly how the extra time and the results obtained would be used, expressing concern that the proposed "re-survey" was designed to find data to demonstrate that remediation did not meet ROK domestic environmental standards rather than the terms required under the SOFA. DDG Chang noted that he understood the U.S. concern and offered his assurances that the ROKG did not seek to apply ROK domestic environmental standards to USFK base returns. -------------- COORDINATED PRESS GUIDANCE -------------- ¶10. The U.S. and ROK side agreed on the following coordinated press guidance for use in responding to media inquiries on the first SJC meeting. BEGIN TEXT. Results of the Special Joint Committee Meeting (May 15, 2008) -- The SOFA Special Joint Committee Meeting was held on May 15, 2008, to discuss USFK camp returns and its related issues for the smooth implementation of USFK relocation project which is planned for the reinforcement of ROK-U.S. combined defense capabilities, efficient use of land, and effective management of the USFK. -- Both sides noted that they had a constructive consultation and agreed to continue their discussions based on a thorough review on what was discussed in the meeting. END TEXT. -------------- U.S. DELEGATION -------------- Major General Frank Panter, USFK ACoS, J5, Alternate U.S. Representative Mr. Joseph Y. Yun, Minister-Counselor for Political Affairs, U.S. Embassy, Seoul Mr. David Wolff, Chief of Political-Military Affairs, U.S. Embassy, Seoul Ms. Jessica Wolf-Hudson, Political Military Affairs Officer, U.S. Embassy, Seoul Colonel Dan Russell, USFK ACoS, Engineer (Chair FASC, Environment, LPP, YRP Subcommittees) Mr. Robert T. Mounts, Secretary, United States Component, U.S.-ROK Joint Committee Mr. David Rathgeber, Special Advisor, USFK Office of the Judge Advocate Mr. Malcolm H. Perkins, Asst Secretary, United States Component, U.S.-ROK Joint Committee Commander Janine Avant, USFK Real Estate Officer (FASC Alternate Chair) Mr. Robert Dalzell, USFK Environmental Officer (Environmental Subcommittee Alternate Chair) Major Richard E. McGlamory, Policy Officer, USFK, J5 Ms. Jina Lee, Interpreter/Translator -------------- ROK DELEGATION -------------- Mr. Chang Hojin, Dep DG, North American Affairs Bureau, Alternate ROK Representative, MOFAT Mr. Park Chong-suk, Dir, SOFA Affairs Division, MOFAT Ms. Kang Pil-ho, Dep Dir, SOFA Affairs Division, MOFAT BG Choi Ik bong, Dep DG, International Policy Bureau, MND Mr. Yi Myung Hwan, Dir, Government Properties Division (FASC Chair),MND Mr. Yoo Dong joon, Dep Dir, Environmental Preservation Division, MND CDR Lee Bong chu, Action Officer, U.S. Policy Division, MND Mr. Choi Sung jun, Dep Dir, Government Properties Division (FASC Alternate Chair),MND Mr. Jeong Jong-seon, Dir, Soil and Groundwater Division, Water Supply and Sewage Bureau, MOE Mr. Kang Seuk-Woo, Dep Dir, Soil and Groundwater Division, MOE Mr. Maen Hak-Kyun, Dep Dir, Soil and Groundwater Division, MOE Mr. Jeon Kwon-Ho, Dep Dir, Soil and Groundwater Division, MOE Mr. Jeong Jang-Sik, Dir, Environmental Management Corporation, MOE Ms. Kim Hyun-kyung, Interpreter VERSHBOW