I would appreciate your informing me whether or not, in your opinion,
this revised draft meets the views of the Department of State.
In order that we may be sure that the drafts of the bilateral agreement
and the Treaty of Peace are progressing in consonance with each other, I
would appreciate it if you would send us at an early date a revision of
State Department Draft No. 44 of the Treaty of Peace. Our
comments on that document were given to Mr. Allison on 1 September
1950.5
[Attachment]
United States–Japan Bilateral Agreement on
Security
Draft No. 3
top secret
[Washington,] 16 December,
1950.
[Here follows a table of contents.]
preamble
Recalling that Japan and the United States have this date entered
into a Treaty of Peace reflective of the desire and freely given
consent of their respective peoples and 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 armed forces of the United States shall remain in the Japan
area for this purpose until a superseding security arrangement
acceptable to the United States is adopted in pursuance of Article
43 or other appropriate Articles of the Charter of the United
Nations, or until other suitable arrangements are effected,
[Page 1375]
And having in mind that nothing in the aforementioned Treaty of Peace
impairs, and that Article 51 of the Charter of the United Nations
affirms, the inherent right of individual or collective
self-defense,
The Japanese government and the United States government agree as
follows:
chapter i
Effective Date and Period of Application
1. The provisions of this agreement shall become effective
simultaneously with the coming into force of the Treaty of Peace,
and shall remain in effect until the coming into force of such
United Nations arrangements or such alternative security
arrangements as in the opinion of the United States government will
satisfactorily provide for the maintenance by the United Nations or
otherwise of international peace and security in the Japan area.
chapter ii
Right, of Maneuver
2. The governments of the United States and of Japan agree that, in
consequence of the accelerated speed and power of modern war, the
entire land mass of the Japan area shall be regarded as a potential
area of defensive disposition and maneuver of military forces in the
event of hostilities or imminently threatened hostilities.
3. In the event of hostilities or imminently threatened hostilities,
the Supreme Commander of all forces in Japan, designated in
accordance with Article 19, infra, shall have
the authority to use such land areas, installations and facilities
in the Japan area and to make such strategic and tactical
dispositions of military forces as he may deem necessary. In taking
such action, the Supreme Commander shall consult with appropriate
representatives of the Japanese government.
4. 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.
5. In the absence of hostilities or imminently threatened
hostilities, security forces of the United States and those of other
signatories of the Treaty of Peace contributing forces with the
consent of the United States government, after agreement between the
United States and the Japanese governments, shall have the right to
use land and coastal areas of appropriate size and 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.
[Page 1376]
Operations in such areas shall be
carried on with due regard and safeguards for the public safety.
chapter iii
Japanese Public and Private Property Utilized by
Security Forces for Garrison Purposes and Claims with Respect
Thereto
6. Security forces shall customarily be garrisoned at installations
under the control of the allied occupation forces at the termination
of the occupation, and all such facilities or areas required by them
shall remain under the control of the security forces.
7. Further assistance, including the use of additional land areas,
installations or other facilities, as may be required in the absence
of hostilities or imminently threatened hostilities by the security
forces for garrison purposes, shall be provided by Japan as mutually
agreed between the United States and Japanese governments.
8. 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, the United States government shall pay
just and reasonable compensation, when accepted by claimants in full
satisfaction and in final settlement, for claims, including claims
of insured but excluding claims of subrogees, on account of damage
to or loss or destruction of private property, or personal injury or
death of inhabitants of Japan, when such damage, loss, destruction
or injury is caused by the armed forces of the United States, or
inidvidual members thereof, including military or civilian employees
thereof, or otherwise incident to non-combat activities of such
forces; provided that no claim shall be considered unless presented
within one year after the occurrence of the accident or incident out
of which such claim arises.
chapter iv
Further Description of Rights
9. Appreciative of similar undertakings by other free nations of the
world for the purpose of promoting conditions of international
security, Japan further accords to the United States such rights,
power 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 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;
[Page 1377]
(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 waterborne craft, aircraft and
other vehicles on water, in the air or on land comprising, or in the
vicinity of, the installations or defense 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.
10. In the exercises 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.
[Here follow numbered sections 11 and 12 repeating section 5 of the
draft transmitted October 30 (see page
1339) except for the deletion of the two sentences
regarding pilotage and toll charges.]
chapter vi
Jurisdiction over Defense Areas, and
Installations’ or Facilities
13. The United States shall have exclusive jurisdiction over all
installations and defense areas in Japan utilized by United States
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 turn over to the United States
authorities for trial and punishment any of the United States
military or civilian
[Page 1378]
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.
chapter vii
Limitations on United States Administration of
Security Forces
The Japanese government and the United States government, for the
purpose of promoting a sound administration of this agreement, adopt
the following provisions from agreements concluded and successfully
administered by other sovereign states.
[Here follow sections dealing with exemptions in favor of security
personnel and incoming goods, postal facilities, sales and services,
and United States reserve organizations.]
chapter viii
Collective Defense Measures
18. Any signatory to the Treaty of Peace may contribute forces for
the protection of peace and security in the Japan area in accordance
with criteria or arrangements heretofore followed and after
agreement with the United States government, provided, however, that
any establishment of forces by the Japanese government shall be for
the aforementioned purpose and shall be consistent with the Charter
of the United Nations, including Article 51 thereof which affirms
the inherent right of individual or collective self-defense.
19. In the event of hostilities or imminently threatened hostilities
in the Japan area prior to the adoption by the United Nations or
otherwise of a security arrangement hereinbefore described, all
allied or associated forces in Japan, the National Police Reserve,
or any other Japanese forces which may be lawfully utilized by the
Japanese government for the defense of Japan, shall be placed under
the unified command of a Supreme Commander designated by the United
States government after consultation with the governments committing
forces to the defense of Japan.
20. Japanese nationals shall not engage in any form of combat
operations outside the territories of Japan without the assent of
the aforesaid Supreme Commander.
chapter ix
Relationships with Third Powers
21. 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 1379]
chapter x
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.]6
