Foreign Relations of the United States, 1950, East Asia and the Pacific, Volume VI

694.001/7–1150

Memorandum by the Director of the Office of Northeast Asian Affairs (Allison) to the Consultant to the Secretary (Dulles)¹

top secret

[Washington,] July 11, 1950.

The attached draft security clauses for a Japanese peace treaty are based on a previous draft prepared by Mr. Howard and a discussion among Messrs. Dulles, Howard and Allison this morning. The language in Article V is a paraphrase of language used by General MacArthur in his supplementary memorandum of June 23.

The paper will be discussed at the 4:30 meeting in Mr. Dulles’ office this afternoon.²

J[ohn] M. A[llison]

[Attachment]

Outline of Major Security Clauses

July 11, 1950.

Draft

article i

Japan undertakes to apply for admission to the United Nations, which application will be supported by the other Parties.

article ii

Pending admission to the United Nations Japan undertakes to act in accordance with the principles of Article 2 of the Charter of the United Nations for the maintenance of international peace and security and the other parties undertake to assure to Japan the corresponding benefits and protections of those principles.

article iii

In view of the possibility of a delay in Japan’s admission to the United Nations and also in view of the fact that the Security Council is not yet in a position to exercise its responsibilities under Article 42 of the Charter, in order to carry out the obligations of Article II above and in the interest of maintaining international peace and security, Japan on its part will provide such facilities and the United States will provide such forces on behalf of the other treaty powers as may be determined by the United States after consultation with the Japanese Government.

article iv

At such time as the arrangements referred in Article 43 of the Charter come into effect the arrangements in Article III above will be merged with the arrangements under Article 43 of the Charter.

article v

Japan shall retain its national sovereignty over the facilities furnished in accordance with Article III and the forces furnished by the United States shall not have, except in time of hostilities or imminently threatened hostilities, any responsibility or authority to intervene in the internal affairs of Japan.³

article vi

During the period this agreement is in effect Japan will not grant military facilities to another power except in accordance with Article III.

article vii

Until another arrangement is made, the United States will bear all expenses incurred in the maintenance of the armed forces referred to in Article III and Japan will bear all expenses incurred in the maintenance of the facilities referred to in Article III.

1. Addressed also to Messrs. Rusk, Hamilton, Howard, and Fearey.
2. No minute of this meeting has been found in State Department files.

3. In a draft of July 14 this language is rewritten as follows: “Japan shall retain its national sovereignity over the facilities furnished in accordance with Article III and the forces furnished by the United States shall not have any responsibility or authority to intervene in the internal affairs of Japan. In time of hostilities or imminently threatened hostilities, however, the United States forces shall have authority under the terms of an agreement to be concluded with Japan to enlist the cooperation and assistance of the Japanese Government and people for the defense of Japan.” (694.001/7–1450)

   In the course of a memorandum of July 17 to Mr. Allison, Mr. Fearey commented as follows on the language just quoted: “In order to avoid a conflict between the concept of ‘authority’ and the concept of ‘cooperation’ in the second sentence as I previously suggested it, I would propose the following:

   “‘In time of hostilities or imminently threatened hostilities, however, the Japanese Government and people shall afford the United States forces cooperation and assistance in accordance with the terms of an agreement to be concluded between the Government of the United States and the Government of Japan.’”(794.5/7–1750)