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[ANNEX]

EXECUTIVE ORDER 11263 52

FURTHER AMENDING EXECUTIVE ORDER NO. 10713, PROVIDING FOR ADMINISTRATION OF THE RYUKYU ISLANDS

By virtue of the authority vested in me by the Constitution, and as President of the United States and Commander in Chief of the armed forces of the United States, subsection (b) of Section 8 of Executive Order No. 10713 of June 5, 1957, as amended by Executive Order No. 11010 of March 19, 1962,63 is further amended to read as follows:

(b) (1) The Chief Executive shall be elected by a majority of the entire membership of the legislative body and shall serve until the end of the term of the legislative body that shall have elected

him.

(2) In the event the legislative body does not, within a reasonable time as determined by the High Commissioner, elect a Chief Executive to succeed an incumbent or to fill a vacancy, the High Commissioner may appoint a Chief Executive who shall serve until a successor is elected by the legislative body.

(3) The incumbent Chief Executive at the end of the term of a legislative body shall continue in office until a successor takes office pursuant to either of the foregoing paragraphs.

THE WHITE HOUSE, December 20, 1965.

KOREA

Document IX-45

Statement Issued by the Department of State, April 30, 1965 54

United States Complaint of
Unprovoked Attacks by
North Korean Aircraft on a
United States Plane Operating
Over International Waters

An RB-47 aircraft of the U.S. Air Force, tail number 53-4290, was proceeding on a routine mission on April

52 30 Fed. Reg. 15777 (text as printed in the Department of State Bulletin, Jan. 10, 1966, p. 66).

5327 Fed. Reg. 2621; see also American Foreign Policy: Current Documents, 1962, pp. 1032-1033.

Department of State Bulletin, May 24, 1965, p. 812.

28 in international waters over the Sea of Japan. The aircraft had proceeded to a point at 39 degrees 38 minutes north latitude and 129 degrees 20 minutes east longitude, or some 45 nautical miles parallel to the North Korean coastline, without any incident occurring. Shortly before 3:26 a.m. Greenwich time, April 28, two MIG-17 fighter aircraft bearing North Korean Air Force markings were observed in an unfriendly attitude closing fast on the RB-47. These aircraft began making firing passes at the U.S. aircraft at 3:26 a.m. Greenwich time. A total of five firing passes were made, two by one of the MIG-17's and three by the other.

The first attack was initiated at a point some 50 nautical miles from the North Korean coast in the general area of 39 degrees 40 minutes north latitude and 129 degrees 30 minutes east longitude. The attacks continued until approximately 3:32 a.m. Greenwich time, at which point the RB-47 was in the same general area but approximately 75 nautical miles from the North Korean coast.

The U.S. aircraft did not return fire until after the first firing attack by the MIG-17, when fire was returned and one of the MIG's appeared to have been hit. The RB-47 took rapid evasive action, descending from 33,000 to 16,000 feet and taking advantage of an overcast sky to make its withdrawal. The skill of the USAF crew enabled the aircraft to return safely to Japan, although it was seriously damaged and returned on four of its six engines.

The facts indicate clearly that a USAF aircraft, which was well out in international waters, and at no time in its flight approached North Korean territory closer than 40 nautical miles or exhibited an unfriendly attitude until fired upon, was attacked without warning of any kind by North Korean aircraft at a point 50 nautical miles from the North Korean coast. That attack continued until the skill and determination of the RB-47 crew enabled the U.S. aircraft to break off action at a point approximately 75 nautical miles from the North Korean landmass.

The United States Government takes an extremely serious view of this unprovoked attack. U.S. planes have traditionally operated freely over the high seas, in accordance

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1. At the invitation of President Lyndon B. Johnson of the United States, President Chung Hee Park of the Republic of Korea arrived in Washington on May 17, 1965, for a 10-day state visit to the United States, and met with President Johnson on May 17 and 18 to exchange views on the current international situation and matters of common interest to their countries. Deputy Prime Minister Key Young Chang, Acting Foreign Minister Duk Choo Moon, Defense Minister Sung Eun Kim, Secretary of State Dean Rusk, Secretary of Defense Robert McNamara, and other high officials of both Governments participated in the meetings.

2. President Park and President Johnson reaffirmed the strong bonds of friendship traditionally existing between the Republic of Korea and the United States and their firm determination to maintain the closest cooperation in the pursuit of their common objective of a secure and lasting peace based on freedom, justice, and prosperity for all.

3. The two Presidents reviewed the current situation in the Far East and Southeast Asia and agreed upon the need for making secure the freedom and independence of the countries

53 Ibid., June 14, 1965, pp. 952-954. Foreign Minister Tong Won Lee of the Republic of Korea had paid an official visit to the United States, Mar. 15-17, for discussions with President Johnson, Vice President Humphrey, Secretary of State Rusk, Secretary of Defense McNamara, and other high officials. For the text of a statement issued at the conclusion of his visit, see ibid., Apr. 5, 1965, p. 491.

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5. The two Presidents reviewed the vital importance of mutual defense ties between the Republic of Korea and the United States. President Johnson reaffirmed the determination and readiness of the United States to render forthwith and effectively all possible assistance including the use of armed forces, in accordance with the Mutual Defense Treaty of 1954," to meet the common danger occasioned by an armed attack on the Republic of Korea. He said that the United States will continue to maintain powerful forces in Korea at the request of the Korean Government, and will assist in maintaining Korean forces at levels sufficient, in conjunction with U.S. forces, to insure Korea's security. Subject to applicable legislation and appropriations, military assistance to preserve the Korean forces' effectiveness will continue to be provided, and a large part of the local currency (won) funds generated by U.S. assistance will continue to be made available to the Korean defense effort. In addition, the Military Assistance Transfer Program has recently been revised to enable the Korean Government to realize a saving in foreign exchange. It was agreed that the program should be reviewed each year in light of the condition of the Korean economy.

6. The two Presidents took cognizance of the ardent desire of the Korean people for the reunification of their homeland and deplored the fact that the Communists have persisted in their refusal to accept established United Nations objectives and principles for the unification of Korea through free elections under United Nations supervision, thus prolonging the artificial division of Korea. Both Presidents reaf

56 See infra.

58

57 Text in American Foreign Policy, 19501955: Basic Documents, vol. I, pp. 897-898. See post, doc. IX-48.

firmed that they would continue to make the utmost efforts to bring about a unified, free and democratic Korea in accordance with the objectives and principles set forth in the United Nations resolutions on Korea.

7. President Park reviewed the negotiations between Korea and Japan for an agreement to establish normal relations, the components of which have already been initialed and are now being drawn up in treaty form. President Johnson praised this achievement and expressed the expectation that this agreement, when completed, would strengthen the free nations of Asia as well as further the mutual interests of the two countries immediately involved. He confirmed that U.S. military and economic assistance to Korea would continue to be extended, as set forth in paragraph 9 below, after normalization of Korean-Japanese relations.

8. President Park explained the situation and prospects of the Korean economy. President Johnson congratulated President Park on the progress made by the Korean Government and people toward stabilization and development of their economy. He noted Korea's impressive increases in exports and in industrial and agricultural production, and its investment in programs of social progress. President Park reviewed the Korean Government's economic development programs, under which the Government is pursuing its goals of food self-sufficiency, greater exports, accelerated industrialization, increased national savings, and continued financial stabilization, SO as to increase national income and assist the nation in attaining its long-range goal of a self-sustaining economy.

9. President Johnson reaffirmed assurances previously stated by Secretary of State Rusk and other United States officials that the basic policy of the United States Government of extending military and economic aid to Korea would be continued. In addition to assistance directed toward maintaining Korea's security and independence, he stated that the United States would continue to assist Korea toward pro

59 Post, doc. IX-49.

moting a self-supporting economy, balanced economic growth and financial stability. He specifically stated that it is the intention of the United States Government, subject to applicable legislation, appropriations, and aid policies, to help Korean efforts to achieve stable economic growth by:

A. Continuing supporting assistance as appropriate to assist in financing Korea's essential imports in connection with programs agreed upon as required for Korea's economic stability.

B. Making available to Korea $150 million in development loan funds for programs and projects to be proposed by the Korean Government and to be agreed to by the United States Government. These funds will be made available as rapidly as possible as the Korean Government develops and presents acceptable programs and projects. After the use of these funds, it is anticipated that further development loan monies would be made available. President Johnson pointed out that these programs of longterm lending at low interest rates respond to the expanding investment requirements of the Korean economy. Such development loan funds would be made available in accordance with legislation and joint economic judgments, to finance such import programs as may be agreed and projects which will expand power resources and social overhead capital, increase efficiency and consequently output in agriculture and fisheries, and further technical and industrial development-small, medium, and large-benefiting all segments of the population and promoting balanced economic growth.

C. Continuing technical assistance and training.

D. Providing substantial assistance in agricultural commodities under the Food for Peace program, especially cotton and food grains; continuing to provide Food for Peace donations for development projects and for relief of unemployment and poverty.

10. The two Presidents agreed that this long-term United States economic aid to Korea, coupled with

Korea's own efforts and resources that might be expected from other sources, should assure the Korean people of ever-widening opportunities for economic growth and for fruitful participation in world economic relationships.

11. President Park emphasized that the achievement of a self-supporting economy in Korea depends greatly upon its ability further to expand trade with other countries and requested the continued cooperation of the United States in expanding the export of Korean products and commodities and in providing Korea with continuing opportunities to participate in procurements funded through United States assistance programs. President Johnson expressed his understanding of the importance to Korea of expanded exports and indicated that the United States would continue to cooperate with Korea in efforts to improve Korea's foreign trade position."

12. The two Presidents, recalling their respective earlier careers as schoolteachers, discussed together the needs, challenges and opportunities of education at all levels in both countries. President Park welcomed President Johnson's offer to send his Science Adviser to Korea for the purpose of exploring with industrial, scientific and education leaders possibilities for U.S. cooperation in establishing there an Institute for Industrial Technology and Applied Science. It was President Johnson's thought that the institute and its laboratories could both provide technical services and research for developing Korean industry and afford advanced Korean specialists trained in the United States opportunities to continue their research."1

13. In the course of President Park's visit to Washington agreement was reached in principle on major issues of a status-of-forces agreement. Therefore it is expected

For the text of a cotton textile agreement between the United States and Korea, which entered into force Jan. 26, 1965, see TIAS 5751 (16 UST 10), also Department of State Bulletin, Feb. 22, 1965, pp. 274-278.

1 See Public Papers of the Presidents of the United States: Lyndon B. Johnson, 1965, vol. II, pp. 722, 839.

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62 The agreement was signed July 9, 1966, and entered into force Feb. 9, 1967 (TIAS 6127; 17 UST 1677).

63 Department of State Bulletin, Sept. 13, 1965, p. 448, The Press Secretary to the President, Bill D. Moyers, read the letter to news correspondents at Austin, Tex., together with the following statment:

"The Government of Korea announced today it is sending a division of 15.000 troops to assist the people of South VietNam. That division will be in addition to the 2,200 Korean troops already in South Viet-Nam. That will bring to 17,200 the total contribution of Korea." (Ibid).

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4. The Commission, pursuant to its mandate, has continued to be available for observation and consultation in the development of representative government in Korea. It has followed closely the general political and economic developments in the Republic of Korea under the restored civilian Government, and has consulted and travelled freely.

5. The representatives on the Commission, collectively and individually, conferred with leaders of the Government and political parties, who have maintained close and cordial co-operation with UNCURK and reaffirmed their determination to continue such cooperation.

64 U.N. doc. A/6012. The report covered the period Aug. 26, 1964-Sept. 3, 1965. The U.N. Commission for the Unification and Rehabilitation of Korea (UNCURK) was composed of representatives from Australia, Chile, the Netherlands, Pakistan, the Philippines, Thailand, and Turkey. Its Committee, composed of representatives of Australia, the Philippines, Thailand, and Turkey, was established in 1956 with authority to act on behalf of UNCURK (see American Foreign Policy: Current Documents. 1956. p. 830).

65 Text ibid., 1964, pp. 922-929.

9. The objectives of the United Nations in Korea, as most recently reaffirmed in General Assembly resolution 1964 (XVIII), are "to bring about, by peaceful means, the establishment of a unified, independent and democratic Korea under a representative form of government, and the full restoration of international peace and security in the area". In its resolution 112 (II) of 14 November 1947, which was reaffirmed by resolution 1964 (XVIII), the General Assembly recommended that elections for representatives to a National Assembly that may establish a national government of Korea be held on the basis of adult suffrage, by secret ballot; that the number of representatives from each voting area or zone be proportionate to the population; and that the elections should be under the supervision of the Commission.

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10. The Commission has noted that there continues to be in the Republic of Korea a real desire for the reunification of Korea, and a belief that the formula best designed to facilitate this is the one agreed upon by the General Assembly of the United Nations. In this connexion it should be recalled, however, that there is still only an armistice along the vicinity of the 38th parallel, the Armistice Agreement concluded on 27 July 1953 6s having not as yet been replaced by a peace settlement. General Assembly resolution 376 (V) of 7 October 1950, last reaffirmed in resolution 1964 (XVIII), recommended the maintenance of United Nations forces in Korea as long as was necessary for achieving the objectives specified in that resolution; and while the United Nations forces were in greater part withdrawn subsequently to the armistice, the remainder are stationed in the Republic of Korea as a safeguard against renewed aggression, until a permanent settlement is reached. UNCURK, representing the United Nations in Korea, remains at the disposal of both parts of the country in the implementation of the resolutions of the General Assembly.

11. The Commission regrets to have to report once again that, while the Government of the Republic of

66 Text ibid., 1963, pp. 804-805.

6 Text in A Decade of American Foreign Policy: Basic Documents, 1941-1949, pp. 677-678.

68 Text in American Foreign Policy, 19501955: Basic Documents, vol. I, pp. 724-750. 69 Text ibid., pp. 2576-2578.

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