This draft has been forwarded to General MacArthur for his comments. It
does not yet have the approval of the Department of Defense.
I would appreciate any comments you care to make at this time as to
matters of substance. We will, of course, forward a final revision for
the approval of the Department of State once we have agreement with the
Department of Defense. At that time we will also request that the
Department of State have our proposed draft phrased appropriately.
[Attachment]
Draft of Points To Be Included in the Formulation
of the Terms of the United States-Japanese Bilateral Agreement
on Security
[Here follows a table of contents.]
Preamble
Recalling that Japan and the United States have this date entered
into a Treaty of Peace expressive of the conviction that security
against aggression in the Japan area and elsewhere in Asia is a
prerequisite to the maintenance of individual liberty, free
institutions, stable economic relationships, and is otherwise
essential to an achievement of the objectives of the Charter of the
United Nations;
Considering that both governments have agreed in the Treaty of Peace
that security forces of the United States shall remain in the Japan
area for this purpose until Japan possesses the means to discharge
this responsibility alone and in accordance with the principles
[Page 1337]
of the Charter of the
United Nations, or until a superseding security arrangement is
established with the consent of the United States;
And having in mind that the security forces of the United States
shall have as their purpose the defense of Japan against agression,
and the further purpose of assisting in the maintenance of internal
law and order upon the invitation of the Japanese government.
The Japanese government and the United States government agree as
follows:
1. Effective Date and Period of
Application
The provisions of this agreement will become effective simultaneously
with the coming into force of the Treaty of Peace, and will remain
effective until the withdrawal from Japan of United States security
forces or until the adoption of a superseding security arrangement
acceptable to the United States government with respect to the Japan
area.
2. Bight of Maneuver
The principle that the entire land mass of the Japan area will be
regarded as a potential area for the defensive maneuver of military
forces is accepted.
The United States military commander, acting in the normal chain of
command within the United States government, shall have the
unrestricted authority to make such strategic dispositions of
military forces, after notice to the Japanese government, as may, in
the light of existing external threats to the security of Japan, be
deemed necessary. In the event of hostilities or imminently
threatened hostilities, the United States military commander shall
have the right to make such tactical dispositions as the military
situation requires. Except in time of hostilities or imminently
threatened hostilities, no major change of a permanent nature in the
disposition of security forces shall be made by the United States
commander in the absence of consultation between representatives of
the United States and Japanese governments.*
In locating the aforesaid areas for strategic and tactical
disposition, the fullest consideration consistent with military
necessity shall be given to the welfare, health and economic needs
of the native peoples of Japan,†
In the absence of hostilities or imminently threatened hostilities,
the United States, after notice to the Japanese government, shall
have the right to use land and coastal sea areas of appropriate size
and
[Page 1338]
location for
military exercises, for additional staging areas, bombing and
gunnery ranges, and for such intermediate airfields as may be
required for safe and efficient air operations.‡ Operations in such areas shall be carried on with
due regard and safeguards for the public safety.§
3. Japanese Public and Private
Property Utilized by Security Forces for Garrison Purposes
Security forces shall customarily be garrisoned at installations
presently utilized by allied occupation forces, and all facilities
or areas currently required by them shall remain under the exclusive
control of the security forces.
Further assistance, including the use of additional land areas,
installations or other facilities, as may be required from time to
time by the security forces for garrison purposes, shall promptly be
provided by the Japanese government upon the certification of, and
following consultations with, a representative of the United States
government; provided, however, that nothing
herein shall be construed as requiring the United States to certify
its requirements to, or consult with, the Japanese government or
officials thereof in connection with the utilization of land areas,
installations or other facilities in the event of hostilities or
imminently threatened hostilities; and provided
further that, in the event of such hostilities or
imminently threatened hostilities, the Japanese government shall
promptly provide, at the request of the United States military
commander, such installations, facilities, materials, equipment,
supplies and other assistance as he may deem necessary at the time
and under the circumstances.
Japanese real and personal property utilized from time to time by
security forces shall, when no longer required, be returned to the
Japanese government in good condition, subject to normal
depreciation or ordinary wear and tear. In cases of damage to such
property during the period of use, except for losses arising
directly from hostilities, compensation shall be made following
agreement between the United States government and the Japanese
government.
4. Further Description of
Rights||
The United States shall have such rights, powers and authority within
installations or defense areas as are necessary for the
establishment, use, operation and defense thereof, or appropriate
for the control thereof, and all the rights, power and authority
within the
[Page 1339]
limits of
territorial waters and air space adjacent to, or in the vicinity of,
installations or defense areas which are necessary to provide access
to them, or appropriate for their control.
Such rights, power and authority shall include, inter alia, the right, power and authority:
- (a)
- to construct (including dredging and filling), operate,
maintain, utilize, occupy, garrison and control the
installations or areas;
- (b)
- to improve and deepen the harbors, channels, entrances and
anchorages, and to construct or maintain necessary roads and
bridges affording access to such installations or defense
areas;
- (c)
- to control (including the right to prohibit) insofar as
may be required for the efficient operation and safety of
installations or defense areas, and within the limits of
military necessity, anchorages, moorings, landings,
takeoffs, movements and operation of ships and water-borne
craft, aircraft and other vehicles on water, in the air or
on land comprising, or in the vicinity of, the installations
or defenses areas;
- (d)
- to acquire such rights of way, and to construct thereon,
as may be required for military purposes, wire and radio
communications facilities, including submarine and
subterranean cables, pipe lines and spur tracks from
railroads;
- (e)
- to construct, install, maintain, and employ in any
installation or defense area any type of facilities,
weapons, substance, device, vessel or vehicle on or under
the ground, in the air or on or under the water that may be
requisite or appropriate, including meteorological systems,
aerial and water navigation lights, radio and radar
apparatus, and electronic devices, of any desired power,
type of emission and frequency.
In the exercise of the above-mentioned rights, power and authority,
the United States agrees that the powers granted to it will not be
used unreasonably or in such a manner as to interfere with the
necessary rights of navigation, aviation, communication, or land
travel within the territories of Japan. In the practical application
outside installations and defense areas of such rights, power and
authority, there shall be, as the occasion requires, consultation
between the two governments.
5. Shipping and
Navigation¶
United States public vessels operated by or for the Army or Navy
Departments, the Coast Guard or the Coast and Geodetic Survey, and
the military forces of the United States, military and naval
aircraft and government-owned vehicles, including armor, shall be
accorded free access to, and movement between, ports and United
States installations and defense areas throughout Japan, including
territorial waters, by land, air and sea. This right shall include
freedom from compulsory pilotage and all toll charges. If, however,
a pilot is taken,
[Page 1340]
pilotage shall be paid for at appropriate rates. In connection with
the entrance into Japanese ports by United States public vessels,
appropriate notification under normal conditions shall be made to
the Japanese authorities.
Lights and other aids to navigation of vessels and aircraft placed or
established in the installations and defense areas and territorial
waters adjacent thereto, or in the vicinity, shall conform to the
system in use in Japan. The position, characteristics and any
alterations in the lights or other aids shall be communicated to the
appropriate authorities of Japan.
6. Jurisdiction over Defense
Areas, and Installations or Facilities
The United States shall have exclusive jurisdiction over all
installations and defense areas in Japan utilized by security
forces, and over the military and civilian personnel of the
government of the United States and their families within the said
installations or defense areas, as well as over all other persons
within such areas except Japanese citizens. The government of the
United States shall retain the right, however, to turn over to the
Japanese authorities for trial and punishment any person, other than
a citizen of the United States, committing an offense in such areas.
The Japanese authorities shall have the privilege of turning over to
the United States authorities for trial and punishment any of the
United States military or civilian personnel and their families who
may commit offenses outside of such areas. The Japanese authorities
and the United States authorities shall undertake adequate measures
to insure the prosecution and punishment of all such offenders, it
being understood that relevant evidence shall be furnished
reciprocally to the two authorities.**
[Here follow sections dealing with exemptions in favor of security
personnel and incoming goods, postal facilities, sales and services,
and United States reserve organizations.]
11. Relationship of Security
Forces to the Japanese Government
The security forces shall neither have the responsibility nor the
authority to intervene in the ordinary internal affairs of
Japan.
In the event of civil unrest or riot, the Japanese government shall
have the privilege of inviting United States forces to take whatever
measures are necessary under the circumstances to restore law and
order.
12. Limitations on Security Forces
Garrisoned in Japan
(There will be no limitation as to the type, size or composition of
United States security forces garrisoned in Japan.)
[Page 1341]
13. Withdrawal of Security Forces
from Japan
(The date on which such security forces will depart from Japan will
not be stipulated.)
14. Japanese Armed Forces
Following ratification of the Treaty of Peace, such prohibitions
against the rearmament of Japan as were imposed during the period of
the occupation shall cease to be operative insofar as they had
previously constituted obligations to the United States under the
Terms of Surrender.
It is acknowledged, in this connection, that the provisional
garrisoning in Japan of security forces of the United States has for
its purpose the protection and maintenance of international peace
and security in a manner consistent with the principles and
objectives of the Charter of the United Nations, and that, whenever
it appears to both nations that the Japanese government is
adequately prepared to discharge this responsibility alone, and in
accordance with its obligations under the Charter of the United
Nations, the United States shall withdraw the protection afforded by
its security forces.
No land, sea, or air forces will be established by the Japanese
government during the period that this agreement is in effect,
except with the advice and consent of the United States government
with respect to the strength, type, composition, armament, and other
organizational features of such forces, any schedule for their
creation being in all respects subject to the determination of the
United States government in consultation with the Japanese
Government.
In the event of hostilities or imminently threatened hostilities, as
determined by the United States, all armed forces in Japan,
including the Japanese Coastal Patrol, shall be placed under the
unified command of a Supreme Commander designated by the United
States government.
Japanese armed forces, if or when established, or any branch, arm, or
contingent thereof, including the Japanese Coastal Patrol, shall not
engage in any form of combat operations outside the territories of
Japan except when and as directed by the aforesaid Supreme
Commander.
15. Relationships with Third
Powers
Japan shall not grant, without the prior consent of the United
States, any bases or any rights, powers, or authority whatsoever, in
or relating to bases or the right of garrison or of maneuver, to any
third power.††
[Page 1342]
[It is not considered appropriate that the present agreement contain
prohibitions with respect to the flow from Japan of supplies of
strategic materials and equipment to countries or areas which are
currently denied such supplies from United States sources as a
result of the policy announced in NSC 48/2, 30 December 1949,1
and reflected in existing domestic export limitations. The
Department of State will, however, take steps informally to secure
from the Japanese Government adherence to the United States view
with regard to this matter. The Department of State should adopt the
approach heretofore utilized in its negotiations with other friendly
nations on the subject.]2
16. Costs of Garrison
[It is contemplated that, at a later date, a provision will be
inserted for the purpose of defining the relationship of the
Japanese government to the matter of garrison costs incurred by the
United States during the post-treaty period. Inclusion of this
provision awaits completion of studies instituted pursuant to
Presidential order.]2
[Production in Japan of Defense
Items Heretofore Prohibited
It is not believed that the present agreement on security should
contain prohibitions with respect to the production in Japan of
defense items heretofore prohibited.
Japan should be permitted, moreover, to resume productive use of
primary war facilities in the manufacture of combat equipment and
products, and also to resume production in secondary and
war-supporting industries. It is felt that resumption of this
production will automatically be influenced by the peaceful needs of
the Japanese people.]2
