Ministry of Trade Industry and Resources

The National Assembly of Korea passed the Special Act for Korea–U.S. Strategic Investment Management (the “Korea–U.S. Strategic Investment Special Act”) at its plenary session on March 12, 2026. 

Following the signing of the Memorandum of Understanding (MOU) on Korea–U.S. Strategic Investment on November 14, 2025, the Korean government and the National Assembly moved swiftly to prepare special legislation to establish the legal and institutional basis for its implementation. The first bill was introduced on November 26, 2025, and was followed by eight additional bills.

To expedite deliberations, the National Assembly, by bipartisan agreement, set up a special committee for a one-month term beginning on February 9, 2026. After intensively reviewing all nine bills, the National Assembly passed the final bill at today’s plenary session, about four months after the governments of Korea and the United States signed the MOU.

The Korea–U.S. Strategic Investment Special Act gives domestic legal effect to the MOU by defining the scope and principles of strategic investment and setting out the implementation framework and safeguards. Under the Act, “strategic investment” refers to Korea’s USD 200 billion commitment to invest in strategic industries in the United States and a separate USD 150 billion shipbuilding cooperation package approved by the United States. The Act provides that U.S.-bound investment must, in principle, be carried out on a commercially reasonable basis and in a manner consistent with the national interest, including the development of the national economy and stronger industrial competitiveness. It also allows exceptions, subject to prior consent from the relevant standing committees of the National Assembly, when unavoidable grounds exist, such as national security or supply chain stability.

The Act establishes a dual-track implementation structure for strategic investment. Candidate projects will first be reviewed by the Project Management Committee under the Ministry of Trade, Industry and Resources (MOTIR, Minister JK Kim) for commercial reasonableness as well as strategic and legal considerations. The Operating Committee under the Korea–U.S. Strategic Investment Corporation will then decide whether to proceed, taking into account the review results and the fund’s financial position. The Korean government will report the matter to the relevant standing committees of the National Assembly before consulting with the United States. Final decisions on investment and execution will be made by the Operating Committee following bilateral consultations and the relevant U.S. procedures.

The Act also includes safeguards and a funding framework for implementation. U.S.-bound investment will be capped at USD 20 billion per year and executed in line with project progress. If there are concerns about foreign exchange market instability or possible disruptions to the recovery of principal and interest, the Korean government must consult with the U.S. on adjustments to the timing and scale of execution or to the distribution of cash flows. Furthermore, the Act provides for the establishment of the Korea–U.S. Strategic Investment Fund within the Korea–U.S. Strategic Investment Corporation. Separate accounts will be maintained for U.S.-bound investment and support for shipbuilding cooperation investment.

Minister JK (Jung-Kwan) Kim of MOTIR said, “The passage of the Act reflects the shared commitment of the Korean government and the National Assembly to keep the bilateral tariff agreement on track and further strengthen the Korea–U.S. strategic partnership.” He added that the ministry will work closely with the U.S. to ensure that implementation of the MOU helps deepen cooperation in strategic industries, expand opportunities for Korean companies in the U.S. market, and strengthen bilateral supply chain cooperation.

Once the Act is formally transferred from the National Assembly, the government will move quickly to promulgate it and prepare for its implementation. The Act will take effect three months after promulgation. The government will also launch the establishment committee for the corporation and fund shortly after promulgation and begin work on subordinate legislation without delay. As decided at the Ministerial Meeting on External Economic Affairs on February 10, 2026, the government will begin preliminary reviews of candidate U.S.-bound investment projects before the Act takes effect, as administrative preparations permit. Final decisions on investment and execution will be made only after the Act enters into force, based on each project’s commercial reasonableness and financial conditions, including foreign exchange market developments.