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How South Korea Should Weigh the Risks and Benefits of Entering into a Reciprocal Defense Procurement Memorandum of Understanding (RDP MOU) with the United States

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This article examines the potential risks and benefits for South Korea of entering into a Reciprocal Defense Procurement Memorandum of Understanding (RDP MOU) with the United States. The purpose of an RDP MOU is to promote rationalization, standardization, and interoperability of defense equipment with foreign allies. To achieve this purpose, an RDP MOU calls for a mutual commitment not to discriminate in the area of defense procurement (supplies, services, and R&D), primarily by waiving “buy national” laws that make it difficult for one party to participate in the defense procurement market of the other. First, as a background, the article examines the international agreements under which the two countries have made certain commitments to open their procurement markets. Second, the article examines the U.S. domestic preference laws (“Buy American” laws), which serve as institutional barriers to defense trade. Third, the overall purpose and functions of RDP MOUs are studied, including whether and to what extent they have benefited other U.S. allies. Lastly, the article examines how South Korea should weigh the risks and benefits of entering into an RDP MOU. While arguing that the defense MOU would greatly strengthen the ROK–U.S. alliance, the article nevertheless concludes that South Korea should conduct a proper prefeasibility study, including a cost-benefit analysis for each covered defense– related procurement, before opening up its defense industry.

Abstract

This article examines the potential risks and benefits for South Korea of entering into a Reciprocal Defense Procurement Memorandum of Understanding (RDP MOU) with the United States. The purpose of an RDP MOU is to promote rationalization, standardization, and interoperability of defense equipment with foreign allies. To achieve this purpose, an RDP MOU calls for a mutual commitment not to discriminate in the area of defense procurement (supplies, services, and R&D), primarily by waiving “buy national” laws that make it difficult for one party to participate in the defense procurement market of the other. First, as a background, the article examines the international agreements under which the two countries have made certain commitments to open their procurement markets. Second, the article examines the U.S. domestic preference laws (“Buy American” laws), which serve as institutional barriers to defense trade. Third, the overall purpose and functions of RDP MOUs are studied, including whether and to what extent they have benefited other U.S. allies. Lastly, the article examines how South Korea should weigh the risks and benefits of entering into an RDP MOU. While arguing that the defense MOU would greatly strengthen the ROK–U.S. alliance, the article nevertheless concludes that South Korea should conduct a proper prefeasibility study, including a cost-benefit analysis for each covered defense– related procurement, before opening up its defense industry.

참고문헌 (22)

  1. "Reciprocal Defense Procurement and Acquisition Policy Memoranda of Understanding"[URL]
  2. "Negotiation of a Reciprocal Defense Procurement Memorandum of Understanding with the Ministry of Defense of Japan" (2015)[URL]
  3. "Agreement on Government Procurement (GPA)"[URL]
  4. "Understanding the WTO—Principles of the Trading System"[URL]
  5. "For references to GPA parties’ market access commitments, see e-GPA Portal"[URL]
  6. "GPA—Coverage Schedules"[URL]
  7. "KORUS FTA"[URL]
  8. "KORUS FTA’s Government Procurement Chapter and Annex"[URL]
  9. Real Steps towards ‘Buy American’ Compliance, "Stuart B. Nibley", Thomson Reuters, 8~, pp.Briefing Papers, Issue 19-6 (2019)
  10. "shall preferentially purchase domestically-manufactured munitions: Provided, That he/she may purchase the munitions manufactured overseas where it is difficult to purchase them in Korea"[URL]
  11. Drew B. Miller, "Is It Time to Reform Defense Procurement Agreements?", Public Contract Law Journal, 39(1), pp.94~ (2009)
  12. "International Procurement: NATO Allies’Implementation of Reciprocal Defense Agreements" (1992)[URL]
  13. Luke R. A. Butler, "Transatlantic Defence Procurement: EU and U.S. Defence Procurement Regulation in the Transatlantic Defence Market", pp.344~ (2017), Cambridge University Press
  14. GAO, "International Procurement: NATO Allies’ Implementation of Reciprocal Defense Agreements", 15~
  15. Analysis of U.S.–Korea RDP MOU’s Impact on Defense Industry, "Security Management Institute(SMI)", 74~ (2020)
  16. Analysis of U.S.–Korea RDP MOU’s Impact on Defense Industry, "SMI", 111~112
  17. "U.S. Defense Allies Push to Block New ‘Buy American’ Boost" (2021)[URL]
  18. "S. Korea’s Offset Arms Trade Policy to Focus on Industrial Cooperation" (2018)[URL]
  19. "(LEAD) Transition team unveils 110 key tasks to pursue under Yoon" (2022)[URL]
  20. "110 Key Policy Tasks"[URL]

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