415. Memorandum From the Assistant Secretary of State for Far Eastern Affairs (Robertson) to the Deputy Under Secretary of State for Political Affairs (Murphy)1
SUBJECT
- Status of Philippine Base Negotiations
Our negotiator, Mr. Karl Bendetsen, arrived back in Manila after consultation in Washington on October 12 and has been engaged in informal discussions with President Magsaysay and the Chairman of the Philippine Negotiating Panel, Senator Pelaez. He has encountered considerable difficulty.
The principal problem continues to be the question of criminal jurisdiction. The existing article on criminal jurisdiction (Article XIII [Page 693] of the Military Bases Agreement of 1947) gives the United States jurisdiction over almost all offenses committed on the bases by Americans or Filipinos, but provides that Filipinos have virtually complete jurisdiction over off-base offenses. The Filipinos have at various times stated that they wished this article revised to conform in general with NATO. Since Defense regards straight NATO language without some form of related waiver as unacceptable, Mr. Bendetsen was given during his consultation five alternate sets of language to try on the Filipinos. These ranged from the NATO–Netherlands formula2 to simple modification of the existing Article XIII by the deletion of our right to prosecute Filipinos. Mr. Bendetsen now reports that all five versions are unacceptable to the Philippine Negotiating Panel and has asked whether we would consider straight NATO language with no waivers. He is under the erroneous impression that Defense had told him that it would accept this arrangement as a “fall-back” position.
After discussion with Defense, we have now informed Mr. Bendetsen that we cannot authorize him to enter an agreement which strays in substance from the five alternatives given him, but have asked that before he so tells the Filipinos he give us his and Ambassador Nufer’s assessment as to whether this would result in a breaking off of the negotiations.3 We have also asked whether he could shift the talks to other subjects, allowing a cooling off period for the criminal jurisdiction issue.
Mr. Bendetsen has informed us that he plans to announce our intention to fly the Philippine flag with ours a few minutes before the next formal session. The timing of this session is still uncertain.
The package agreement which Mr. Bendetsen has with him would involve our acquiring about 22,000 hectares and giving up about 122,000. This fact is known to President Magsaysay and Senator Pelaez and has pleased them greatly. There are indications that the Filipinos may question our need for some of the land we want or which we have and want to retain, but Mr. Bendetsen seems to be confident that our land requirements can be met substantially as he has them.
I am attaching for your information a copy of the existing Military Bases Agreement4 and a copy of a Defense memorandum outlining the five proposed alternative sets of language on jurisdiction.5
- Source: Department of State, Central Files, 711.56396/8–1856. Secret. Drafted in SPA.↩
- Apparent reference to the agreement relating to the stationing of U.S. Armed Forces in the Netherlands, notes exchanged at The Hague on April 15 and May 7, 1954, and entered into force on July 30, 1954. (TIAS 3174)↩
- Telegram 1244 to Manila, October 17, not printed. (Department of State, Central Files, 711.56396/10–1556)↩
- Not printed.↩
- Not attached to the source text and not found in Department of State files.↩