No. 516
Editorial Note

In telegram 1705 from Tokyo, February 16, marked “Number 26 from Rusk”, the Special Representative transmitted a revised text of Article XV of the Administrative Agreement and concluded:

“Changes in Article 15 consist almost entirely of additions of phrases or sentences to Washington draft. Most insertions intended to clarify or to insure that there are no instances in which criminals are left outside scope of both US and Jap jurisdiction or enforcement procedures. First sentence paragraph 4 of Washington draft inserted at beginning of new text in interests of both Japs and ourselves to emphasize as public relations matter what is expected to be long-term arrangement on criminal jurisdiction. Arrangement in paragraph 4 of new text whereby we may, on Jap request, waive jurisdiction in particular cases considered desirable in order to establish precedent for waiver of jurisdiction by Japan on our request when NATO formula is put into effect. We consider no difference in substance between new and old drafts but new language more palatable to Japs.

“Both State and Defense reps USDel concur in changes made.” (611.94/2–1654)

Additional brief changes in Article XV were made for reasons described in telegram 2289 to Tokyo, February 23, and telegram 1767 from Tokyo, February 25, neither printed. (611.94/2–2352 and 611.94/2–2552, respectively) Article XV was eventually renumbered XVII.