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107(1) (McKinney 1962). Consequently, there existed no contractual relationship with which to interfere. . .

Id. 1368-1372. (Footnotes and case citations omitted.)

For further information concerning National American Corporation v. Federal Republic of Nigeria (1976), see the 1976 Digest at Ch. 6, § 7, p. 331.

For another case which arose after Nigeria allegedly posted without the consent of the other parties to an irrevocable letter of credit notification of a requirement that demurrage payments on a contract to deliver cement to "C.I.F. Lagos" be certified by the Central Bank of Nigeria, see Nat. Bank & Trust Co., etc. v. J. L. M. Intern, 421 F. Supp. 1269 (1976). The case deals with the attachment rights under New York law of a bank acting pursuant to a joint venture charter party agreement.

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U.S.-Korean Cooperation Agreement Concerning
Mr. Tongsun Park

Pursuant to section 28 of the International Security Assistance Act of 1977 (Public Law 95-92), President Carter reported to Congress in a letter dated November 4, 1977, concerning the extent to which the Republic of Korea was cooperating with the Department of Justice investigation into allegations of improper activity in the United States by agents of the Republic of Korea. Portions of the text of that letter outlining efforts to secure the return of Mr. Tongsun Park to the United States to testify in the prosecution of illegal acts by U.S. officials in the United States read as follows:

The principal cooperation sought from the Government of the Republic of Korea by the Department of Justice has been the important testimony which could be supplied by Korean businessman Tongsun Park (Pak Tong-son). The Department of Justice considers Mr. Park's verifiable and truthful testimony essential to the full investigation and successful prosecution of illegal acts by U.S. officials in the United States. The cooperation needed from Mr. Park involves both his early interrogation in connection with Grand Jury investigations and his eventual appearance before trial juries in resulting prosecutions in the United States.

In April, the Department of State, on behalf of and in full coordination with the Department of Justice, initiated discussions with the Government of the Republic of Korea. United States Am

bassador to Korea Richard L. Sneider, in a series of meetings with President Chung Hee Park, Foreign Minister Tong-jin Park and other senior officials of the Korean Government, stressed that Mr. Tongsun Park's testimony was critical to the satisfactory conclusion of the Justice Department investigation and urged that efforts be made by the Korean Government to have him fully cooperate. The Korean Government responded that whether Mr. Park cooperated with the Department of Justice investigation was entirely for him to decide as a private person.

In early July, the United States Government delivered an offer by the Department of Justice to grant Mr. Park complete immunity from criminal prosecution if he returned to the United States and testified in a full and truthful manner concerning his knowledge of illegal payments involving U.S. officials. It was explained that the scandal created by Mr. Park's illegal activities in the U.S. could not be resolved without Mr. Park's cooperation.

In late August, President Carter sent a letter to President Park expressing grave concern at the effect Tongsun Park's lack of cooperation was having on our mutual interests. The President urged that the Korean Government assist in getting Mr. Park to return imediately to the United States in order that these matters be concluded satisfactorily as soon as possible.

The Korean Government informed Ambassador Sneider in early September that Foreign Minister Tong-jin Park had talked with Mr. Park in an effort to persuade him to return to the United States. According to the Foreign Minister, Mr. Park nevertheless expressed an unwillingness to return to the United States. Furthermore, the Korean Government pointed out that there is no extradition treaty between the United States and the Republic of Korea, and that it had no legal means to force him to return to the United States.

After the indictment of Mr. Park by the Grand Jury in the U.S. District Court of the District of Columbia, Ambassador Sneider informed the Korean Government that Mr. Park was now considered a fugitive from U.S. justice. Therefore, his return was even more urgent.

On September 12, President Park responded to President Carter, expressing hope that an early resolution of the problem could be effected within the principles of national laws and international practice. President Park stated that the Korean Government could not compel Mr. Park to go to the United States.

On September 21, Secretary of State Vance and Korean Foreign Minister Park met in Washington. The Secretary expressed strong disappointment at the failure of the Korean Government to respond to the U.S. request. In view of the evidence which was available to the United States Government, the Secretary noted that Mr. Park's situation was different from that of purely a private citizen. The Korean Government's failure therefore to persuade Mr. Park to return to the United States to testify was not the response expected

of a close ally. His absence was impeding the course of justice in the United States.

... On September 30, following a second meeting in New York between the Secretary of State and Foreign Minister Park, the two governments simultaneously announced agreement that: ". representatives of the U.S. Department of Justice will go to Seoul and meet with Korean Ministry of Justice officials to discuss satisfactory terms and conditions for communicating with Mr. Park Tongsun."

Assistant United States Attorney General Benjamin Civiletti and two other officials of the Department of Justice proceeded to Korea under this agreement and met in more than 30 hours of direct discussions with Korean Ministry of Justice officials from October 17 through October 20, 1977. The Korean side in the talks was headed by Vice Minister of Justice Chong Won Lee.

During these discussions, the United States proposed interrogation of Tongsun Park in a third country under conditions which would provide verification of the truthfulness of his testimony. If sufficient evidence were thereby gained of indictable offenses by United States officials, Mr. Park's later appearance would be required in the United States for trial testimony. The United States proposed that, if Mr. Park faithfully completed these steps, the Justice Department would seek dismissal of the indictment against him. The basis of these U.S. proposals was the need to secure truthful and effective testimony for successful prosecutions at trials in the United States.

The United States proposals were rejected by the Korean side, which advised that Mr. Park was determined not to go to a third country or return to the United States.

The Korean representatives proposed that questions be submitted to Mr. Park through a Korean prosecutor or court, with U.S. prosecutors present only as observers. In making this proposal, the Korean representatives cited their understanding of the arrangements which had been made in the United States at the request of the Japanese Government in the case of the Lockheed Aircraft Corporation. The United States representatives stressed that these Korean proposals were inadequate to the requirements of the present case.

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13 Weekly Comp. of Pres. Doc. 1723-1725 (Nov. 11, 1977).

*

On December 30, 1977, Richard L. Sneider, U.S. Ambassador to the Republic of Korea, and Tong Jin Park, Minister of Foreign Affairs of the Republic of Korea, signed a joint statement regarding cooperation between the Governments of the United States and the Republic of Korea concerning the case of Mr. Tongsun Park. Portions of the text of the joint statement read as follows:

The Ambassador of the United States to the Republic of Korea and the Foreign Minister of the Republic of Korea today jointly announce the following understandings between the two governments guiding their mutual cooperation concerning Mr. Tongsun Park.

257-179 - 79 - 32

1. Mutual Prosecution Assistance Agreement

A Mutual Prosecution Assistance Agreement between the Republic of Korea Ministry of Justice and the United States Department of Justice concerning terms and conditions for communicating with Mr. Tongsun Park will be signed in Seoul between representatives of the Republic of Korea Ministry of Justice and the United States Justice Department prior to the beginning of the questioning of Mr. Tongsun Park.

2. Department of Justice Meeting with Mr. Tongsun Park

Mr.Tongsun Park will meet briefly with United States officials in the United States Embassy in Seoul in the presence of two Korean officials and Mr. Park's counsel. The purpose of this meeting will be for signing by the United States Department of Justice and Mr. Park of a memorandum of understanding concerning Mr. Tongsun Park's agreement to give truthful testimony and the Department of Justice's offer to grant him full immunity and, upon completion of his testimony, to seek the dismissal of the indictment now pending against him.

3. Questioning of Mr. Tongsun Park in Korea

A. Mr. Park will be questioned in Seoul by Korean and American prosecutors at a location to be mutually agreed upon and arranged by the Korean side.

B. There will be no limitation on the number of questioning sessions, but such questioning shall be conducted during normal office working hours. Sessions will not be open to the public. The questioning will concern the relationship between Mr. Tongsun Park and United States officials and persons, and Mr. Park's actions with respect to them.

C. Both the Korean and United States prosecutors will engage in full and direct questioning of Mr. Tongsun Park.

D. Oaths will be administered in accordance with Korean law and international practices; polygraph examination may be used; English may be used in questions and answers along with Korean with the help of interpreters; and verbatim record will be made of the testimony.

4. Arrangements and Assurances for Mr. Tongsun Park's Trial Testimony Before United States Courts

A. The purpose of Mr. Tongsun Park's travel to the United States under these arrangements is to testify as a witness in court.

B. The United States Department of Justice will seek dismissal by the court of the pending indictment against Mr. Tongsun Park promptly upon completion of his truthful testimony at the last United States court proceeding and will provide him with full immunity from any past criminal conduct.

C. The intention of the United States Department of Justice is to question Mr. Tongsun Park before the court on the subject of his relations with United States officials and persons, and Mr. Park's actions with respect to them.

D. Mr. Tongsun Park by reason of these arrangements will assume no obligation to appear before congressional committees in the

United States or to undergo questioning by any United States Government agency other than the Department of Justice.

E. The United States Government gives full assurances that it will take all necessary measures to protect the personal safety of Mr. Tongsun Park when in the United States should cause for such measures arise.

F. Mr. Tongsun Park would be admitted to the United States under the authority of the Department of Justice for the specific purpose of and limited periods necessary for testifying at court trials. The United States Government gives full assurances that the Department of Justice does not intend to detain him in the United States. Under these arrangements, therefore, it is expected that he would return to the Republic of Korea promptly after his testimony at each trial.

5. Mr. Tongsun Park's Travel to and from the United States and the Republic of Korea.

A. The Republic of Korea Government is prepared actively to advise Mr. Tongsun Park to travel to the United States as a witness solely for the purpose of trial testimony, if and when necessary.

B. The Republic of Korea Government will provide Mr. Tongsun Park with a travel document and exit permit in order for him to travel only to and from the United States and the Republic of Korea solely for the purpose of his trial testimony before the United States court, and will take all necessary steps to facilitate his travel for this purpose.

In making public this joint statement, the two governments reaffirm their long-standing spirit of friendly cooperation and express their sincere hope for the early settlement of the pending problems between the two governments concerning the case of Mr. Tongsun Park.

Dept. of State File L/T. The Dept. of State appended to the Joint Statement a summary of the statement given by Ambassador Sneider, at the time of the issuance of the Joint Statement regarding the testimony of Mr. Tongsun Park before congressional committees. The text of the appended summary statement follows:

The Ambassador of the United States to the Republic of Korea also stated that during the discussions and negotiations leading up to this joint statement it had been made clear to the Government of the Republic of Korea that these understandings had not been joined in by any United States congressional committee and are not intended to control requests from the United States Congress which may be made to the Korean Government nor such responses as the Korean Government may make thereto concerning Mr. Tongsun Park or any other Korean citizens.

The United States and Japan signed an Agreement on Procedures for Mutual Assistance in the Administration of Justice in connection with the Lockheed Aircraft Corporation matter on Mar. 23, 1976 (TIAS 8233; 27 UST 946; entered into force on Mar. 23, 1976). For further information concerning this U.S.-Japanese agreement, see the 1976 Digest, Ch. 6, § 6, pp. 313-315, and Ch. 10, § 4, pp. 511-512.

The text of the Mutual Prosecution Assistance Agreement between the United States Department of Justice and the Republic of Korea

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