Agreed Framework between the United States of America and the Democratic People's Republic of Korea

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Country/entity: North Korea
United States of America
Region: Asia and Pacific
Americas
Agreement name: Agreed Framework between the United States of America and the Democratic People's Republic of Korea
Date: 21 Oct 1994
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/interstate conflict
Korean Conflict (1950 - )
Before WWII, the Korean peninsula was part of the Japanese empire. It was when the USSR declared war on Japan in August 1945, following an agreement between Stalin and Churchill at the Tehran Conference in 1943, that the Korean peninsula was liberated down to the 38th parallel as per the agreement. However, following the post-WWII breakdown in the Allied relations and the start of the Cold War, the peninsula was not unified as agreed. Instead rival regimes were set up by the USSR and the Americans, both of which claimed power over all of the peninsula. North Korea invaded the South with the backing of China and the USSR, causing the United Nations - spearheaded by the Americans - to come to the aid of the South. Eventually, Northern troops were pushed back to the 38th parallel and in July 1953 an armistice was signed creating a demilitarised zone between the North and South. In lieu of a peace treaty, the two countries are still technically at war. In 2013 the North Korean regime stated that the 1953 armistice was no longer in effect. After serious stand-offs due due to the unwillingness of the North to undergo nuclear disarmament the first inter-Korean summit took place in April 2018 and a joint Declaration for Peace regarding cooperation and peace was issued. This was then followed by the 2018 Summit between the US-North Korea where they committed to work for complete nuclear disarmament of the Korean Peninsula. The second summit ended without a deal in early January 2019.
Stage: Framework/substantive - partial
Conflict nature: Territory
Peace process: US-North Korea interstate process
Parties: Robert L. Gallucci, Head of Delegation of the United States of America, Ambassador at Large of the United States of America;
Kang Sok Ju, Head of the Delegation of the Democratic People's Republic of Korea, First Vice-Minister of Foreign Affairs of the Democratic People's Republic of Korea;
Third parties: -
Description: This Framework Agreement between the United States of America (U.S.) and the Democratic People’s Republic of Korea (DPRK) signed in Geneva on 21 October 1994 aims to to resolve the overall nuclear issue on the Korean Peninsula. The parties agreed to replace DPRK's graphite moderated reactors and related facilities with light-water reactor power plants and other alternative energy arrangements.

Agreement document: KP US_941021_Agreed Framework between the US and DPRK.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: The parties agreed to replace DPRK's graphite moderated reactors and related facilities with light-water reactor power plants and other alternative energy arrangements. II. Parties commit to reducing barriers to trade and investment from each other

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media logistics
Page 3, II. The two sides will move toward full normalization of political and economic relations.
1) Within three months of the date of this Document, both sides will reduce barriers to trade and investment, including restrictions on telecommunications services and financial transactions.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 1-2, I. Both sides will cooperate to replace the DPRK’s graphite-moderated reactors and related facilities with light-water reactor (LWR) power plants.
1) In accordance with the October 20, 1994 letter of assurance from the U.S. President, the U.S. will undertake to make arrangements for the provision to the DPRK of a LWR project with a total generating capacity of approximately 2,000 MW(e) by a target date of 2003.
... – The U.S., representing the consortium, will make best efforts to secure the conclusion of a supply contract with the DPRK within six months of the date of this Document for the provision of the LWR project. Contract talks will begin as soon as possible after the date of this Document.
– As necessary, the U.S. and the DPRK will conclude a bilateral agreement for cooperation in the field of peaceful uses of nuclear energy.

Page 2, I. Both sides will cooperate to replace the DPRK’s graphite-moderated reactors and related facilities with light-water reactor (LWR) power plants.
2) In accordance with the October 20, 1994 letter of assurance from the U.S. President, the U.S., representing the consortium, will make arrangements to offset the energy foregone due to the freeze of the DPRK’s graphitemoderated reactors and related facilities, pending completion of the first LWR unit.
– Alternative energy will be provided in the form of heavy oil for heating and electricity production.
– Deliveries of heavy oil will begin within three months of the date of this Document and will reach a rate of 500,000 tons annually, in accordance with an agreed schedule of deliveries.

Page 2, I. Both sides will cooperate to replace the DPRK’s graphite-moderated reactors and related facilities with light-water reactor (LWR) power plants.
3) Upon receipt of U.S. assurances for the provision of LWR’s and for arrangements for interim energy alternatives, the DPRK will freeze its graphite-moderated reactors and related facilities and will eventually dismantle these reactors and related facilities.
– The freeze on the DPRK’s graphite-moderated reactors and related facilities will be fully implemented within one month of the date of this Document. During this one-month period, and throughout the freeze, the International Atomic Energy Agency (IAEA) will be allowed to monitor this freeze, and the DPRK will provide full cooperation to the IAEA for this purpose.
– Dismantlement of the DPRK’s graphite-moderated reactors and related facilities will be completed when the LWR project is completed.
– The U.S. and the DPRK will cooperate in finding a method to store safely the spent fuel from the 5 MW(e) experimental reactor during the construction of the LWR project, and to dispose of the fuel in a safe manner that does not involve reprocessing in the DPRK.

Page 2-3, I. Both sides will cooperate to replace the DPRK’s graphite-moderated reactors and related facilities with light-water reactor (LWR) power plants.
4) As soon as possible after the date of this document U.S. and DPRK experts will hold two sets of experts talks.
– At one set of talks, experts will discuss issues related to alternative energy and the replacement of the graphite-moderated reactor program with the LWR project.
– At the other set of talks, experts will discuss specific arrangements for spent fuel storage and ultimate disposition.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: Page 1, Both sides will cooperate to replace the DPRK’s graphite-moderated reactors and related facilities with light-water reactor (LWR) power plants.
1) In accordance with the October 20, 1994 letter of assurance from the U.S. President, the U.S. will undertake to make arrangements for the provision to the DPRK of a LWR project with a total generating capacity of approximately 2,000 MW(e) by a target date of 2003.
– The U.S. will organize under its leadership an international consortium to finance and supply the LWR project to be provided to the DPRK. The U.S., representing the international consortium, will serve as the principal point of contact with the DPRK for the LWR project.
Business: Page 3, II. The two sides will move toward full normalization of political and economic relations.
1) Within three months of the date of this Document, both sides will reduce barriers to trade and investment, including restrictions on telecommunications services and financial transactions.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 3, III. Both sides will work together for peace and security on a nuclearfree Korean peninsula.
1) The U.S. will provide formal assurances to the DPRK, against the threat or use of nuclear weapons by the U.S.
2) The DPRK will consistently take steps to implement the North-South Joint Declaration on the Denuclearization of the Korean Peninsula.

Page 3-4, IV. Both sides will work together to strengthen the international nuclear non proliferation regime.
1) The DPRK will remain a party to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and will allow implementation of its safeguards agreement under the Treaty.
2) Upon conclusion of the supply contract for the provision of the LWR project, ad hoc and routine inspections will resume under the DPRK’s safeguards agreement with the IAEA with respect to the facilities not subject to the freeze. Pending conclusion of the supply contract, inspections required by the IAEA for the continuity of safeguards will continue at the facilities not subject to the freeze.
3) When a significant portion of the LWR project is completed, but before delivery of key nuclear components, the DPRK will come into full compliance with its safeguards agreement with the IAEA (INFCIRC/403), including taking all steps that may be deemed necessary by the IAEA, following consultations with the Agency with regard to verifying the accuracy and completeness of the DPRK’s initial report on all nuclear material in the DPRK.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 3-4, IV. Both sides will work together to strengthen the international nuclear non proliferation regime.
2) Upon conclusion of the supply contract for the provision of the LWR project, ad hoc and routine inspections will resume under the DPRK’s safeguards agreement with the IAEA with respect to the facilities not subject to the freeze.
Pending conclusion of the supply contract, inspections required by the IAEA for the continuity of safeguards will continue at the facilities not subject to the freeze.
3) When a significant portion of the LWR project is completed, but before delivery of key nuclear components, the DPRK will come into full compliance with its safeguards agreement with the IAEA (INFCIRC/403), including taking all steps that may be deemed necessary by the IAEA, following consultations with the Agency with regard to verifying the accuracy and completeness of the DPRK’s initial report on all nuclear material in the DPRK.
Related cases: No specific mention.
Source: UN Peacemaker
http://peacemaker.un.org/

AGREED FRAMEWORK BETWEEN THE UNITED STATES OF AMERICA AND THE DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA

Geneva, October 21, 1994

Delegations of the governments of the United States of America (U.S.) and the Democratic People’s Republic of Korea (DPRK) held talks in Geneva from September 23 to October 21, 1994, to negotiate an overall resolution of the nuclear issue on the Korean Peninsula.

Both sides reaffirmed the importance of attaining the objectives contained in the August 12, 1994 Agreed Statement between the U.S. and the DPRK and upholding the principles of the June 11, 1993 Joint Statement of the U.S. and the DPRK to achieve peace and security on a nuclear-free Korean peninsula.

The U.S. and the DPRK decided to take the following actions for the resolution of the nuclear issue:

I. Both sides will cooperate to replace the DPRK’s graphite-moderated reactors and related facilities with light-water reactor (LWR) power

plants.

1) In accordance with the October 20, 1994 letter of assurance from the U.S. President, the U.S. will undertake to make arrangements for the provision to the DPRK of a LWR project with a total generating capacity of approximately 2,000 MW(e) by a target date of 2003.

– The U.S. will organize under its leadership an international consortium to finance and supply the LWR project to be provided to the DPRK.

The

U.S., representing the international consortium, will serve as the principal point of contact with the DPRK for the LWR project.

– The U.S., representing the consortium, will make best efforts to secure the conclusion of a supply contract with the DPRK within six months of

the date of this Document for the provision of the LWR project.

Contract talks will begin as soon as possible after the date of this Document.

– As necessary, the U.S. and the DPRK will conclude a bilateral agreement for cooperation in the field of peaceful uses of nuclear energy.

2) In accordance with the October 20, 1994 letter of assurance from the U.S. President, the U.S., representing the consortium, will make arrangements to offset the energy foregone due to the freeze of the DPRK’s graphitemoderated reactors and related facilities, pending completion of the first LWR unit.

– Alternative energy will be provided in the form of heavy oil for heating and electricity production.

– Deliveries of heavy oil will begin within three months of the date of this Document and will reach a rate of 500,000 tons annually, in accordance

with an agreed schedule of deliveries.

3) Upon receipt of U.S. assurances for the provision of LWR’s and for arrangements for interim energy alternatives, the DPRK will freeze its

graphite-moderated reactors and related facilities and will eventually dismantle these reactors and related facilities.

– The freeze on the DPRK’s graphite-moderated reactors and related facilities will be fully implemented within one month of the date of this

Document.

During this one-month period, and throughout the freeze, the International Atomic Energy Agency (IAEA) will be allowed to monitor this

freeze, and the DPRK will provide full cooperation to the IAEA for this purpose.

– Dismantlement of the DPRK’s graphite-moderated reactors and related facilities will be completed when the LWR project is completed.

– The U.S. and the DPRK will cooperate in finding a method to store safely the spent fuel from the 5 MW(e) experimental reactor during the

construction of the LWR project, and to dispose of the fuel in a safe manner that does not involve reprocessing in the DPRK.

4) As soon as possible after the date of this document U.S. and DPRK experts will hold two sets of experts talks.

– At one set of talks, experts will discuss issues related to alternative energy and the replacement of the graphite-moderated reactor program

with the LWR project.

– At the other set of talks, experts will discuss specific arrangements for spent fuel storage and ultimate disposition.

II. The two sides will move toward full normalization of political and economic relations.

1) Within three months of the date of this Document, both sides will reduce barriers to trade and investment, including restrictions on telecommunications services and financial transactions.

2) Each side will open a liaison office in the other’s capital following resolution of consular and other technical issues through expert level discussions.

3) As progress is made on issues of concern to each side, the U.S. and the DPRK will upgrade bilateral relations to the Ambassadorial level.

III. Both sides will work together for peace and security on a nuclearfree Korean peninsula.

1) The U.S. will provide formal assurances to the DPRK, against the threat or use of nuclear weapons by the U.S.

2) The DPRK will consistently take steps to implement the North-South Joint Declaration on the Denuclearization of the Korean Peninsula.

3) The DPRK will engage in North-South dialogue, as this Agreed Framework will help create an atmosphere that promotes such dialogue.

IV. Both sides will work together to strengthen the international nuclear non proliferation regime.

1) The DPRK will remain a party to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and will allow implementation of its safeguards

agreement under the Treaty.

2) Upon conclusion of the supply contract for the provision of the LWR project, ad hoc and routine inspections will resume under the DPRK’s safeguards agreement with the IAEA with respect to the facilities not subject to the freeze.

Pending conclusion of the supply contract, inspections required by the IAEA for the continuity of safeguards will continue at the facilities not subject to the freeze.

3) When a significant portion of the LWR project is completed, but before delivery of key nuclear components, the DPRK will come into full compliance with its safeguards agreement with the IAEA (INFCIRC/403), including taking all steps that may be deemed necessary by the IAEA, following consultations with the Agency with regard to verifying the accuracy and completeness of the DPRK’s initial report on all nuclear material in the DPRK.

__________________________

Robert L. Gallucci

Head of Delegation of the United States of America,

Ambassador at Large of the United States of America

_________________________

Kang Sok Ju

Head of the Delegation of the Democratic People's Republic of Korea,

First Vice-Minister of Foreign Affairs of the Democratic People's Republic of Korea