Foreign Relations of the United States, 1951, Asia and the Pacific, Volume VI, Part 1

Lot 56D527

Unsigned Draft of Agreement

[Tokyo, undated.¹]

Agreement Concerning Japanese-American Cooperation for Their Mutual Security

preamble

Japan and the United States desire to contribute to the promotion of world peace and security by firmly establishing peace and security in the Japan area upon the following principles:

(1) The governments of both countries sincerely hope that international peace and security will be preserved in accordance with the principles enunciated in the Charter of the United Nations so that they may live in peace with all peoples and all governments;

(2) Both governments shall duly note that the United Nations has a responsibility by virtue of its Charter to maintain the security of non-member nations, in so far as it is necessary to maintain international peace and security.

(3) The Japanese people, trusting in the justice and faith of the peace-loving peoples of the world, are determined to preserve their security and existence.

The maintenance of international peace and security in the Japan (Considering that both governments have agreed in the Treaty of area shall he assured by the cooperation between Japan and the peace that armed forces of the United States shall remain in the Japan United States area for this purpose) until a superseding security arrangement acceptable to the governments of the United States and Japan (the United States government) 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;²

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,

And desiring that this Agreement shall be fulfilled in a spirit of good neighbourliness between the United States government and the Japanese government, and that the details of its practical application shall be arranged by friendly cooperation,

For the purposes cited in the foregoing, the two countries shall agree to cooperate for their mutual security as follows:

chapter i

Responsibility of the United States

(1) The United States recognizes that the peace and security of Japan are inseparable from that of the Pacific area, especially of peace and security of the United States. The United States shall share responsibility with Japan for maintaining its peace and security.

(2) In case of an act of aggression against Japan, the United States shall immediately take all necessary measures to assist Japan in meeting such aggression.

chapter ii

Responsibility of Japan

(1) Japan declares that she has an inherent right of self-defense for safeguarding its security and existence.

(2) Japan shall cooperate by all possible means with the United States in maintaining peace and security in the Japan area and in meeting any act of aggression against Japan.

chapter iii

Consultation

(1) The two countries shall consult with each other whenever the territorial integrity, political independence or security of the contracting parties are deemed to be threatened.

chapter iv

Stationing of United States Armed Forces

(1) The two countries agree (Japan requests and the United States agrees) to the stationing of United States forces within the Japanese territory to assist in carrying out the mutual responsibility stated in the foregoing.

(2) Japan agrees that she will 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.

(3) In the event of hostilities or imminently threatened hostilities, the United States forces stationed in Japan (Supreme Commander of all forces in Japan, designated in accordance with par 2 Chap 8 infra,) shall have the authority to use such (land) areas, installations and facilities in the Japan area [as?] (and to make such strategic and tactical dispositions of military forces as he) may be deemed necessary. (In taking such actions, 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.) local population.

(5) In the absence of hostilities or imminently threatened hostilities, United States forces (security forces of the United States), 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. Operations in such areas shall be carried on with due regard and safeguards for the public safety.

chapter v

Expenses

(1) Expenses of the United States forces stationed in Japan shall be borne by the United States, excepting such expenses concerning places, facilities or services as may be borne by Japan. (Note: U.S. delegation would like to have the assistance furnished by Japan at her expense set forth in detail.)

chapter vi

Status of the Garrison Troops

(1) The United States forces stationed in Japan shall enjoy the privileges and immunities which are normally accorded under international law to an army of a nation stationed in a foreign country in peace time.

(2) United States Security forces shall customarily be garrisoned at such installations under the control of the allied occupation forces at the termination of the occupation, as agreed upon between United States government and Japanese government, and all such facilities or areas required by United States forces and agreed to by Japanese government shall remain under the control of the United States security forces.

(3) 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.³

(4) Japanese real and personal property utilized from time to time by United States 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. 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, both real and personal, or personal injury or death of inhabitants of Japan, when such damage, loss, destruction or injury occurs during the period of this agreement and is caused by the armed forces of the United States, or individual 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.

(A stipulation to be added for the “establishment of an organ composed of representatives of the two countries to carry out joint investigation and to determine the amount of compensation,” as has been suggested under (8) of the Japanese proposal of February 1.)⁴

Further Description of Rights

(5) 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. It is mutually agreed that the United States shall have the rights, power and authority within installations or defense areas [such?] 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.⁵

[Here follows the remainder of the proposals under the heading “Further Description of Rights”, which are identical to those included under that heading (beginning with the second paragraph) in the draft bilateral security treaty of October 27, 1950, printed in Foreign Relations, 1950, volume VI, page 1339.]

Shipping and Navigation

(7) 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. 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.

(8) 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 positions, characteristics and any alterations in the lights or other aids shall be communicated to the appropriate authorities of Japan.

Jurisdiction over Defense Areas, and Installations or Facilities

(9) 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 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.

Limitations on United States Administration of Security Forces

(10) 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.⁶

[Here follow the sections headed “Exemptions in Favor of Security Personnel and Incoming Goods”, “Postal Facilities”, “Sales and Services”, and “United States Reserve Organizations”.]

chapter vii

Committee

(1) The two countries, in order to deliberate on the matters concerning sites, facilities, expenses and status of garrison troops shall establish a committee to be composed of equal number of representatives of the two countries. The committee shall be so organized that it may meet immediately at all times. The committee may establish such auxiliary organs as may be required.

chapter viii

Collective Defense Measures

(1) Any establishment of forces by the Japanese government shall be for the purpose of protecting peace and security in the Japan area 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.

(2) In the event of hostilities or imminently threatened hostilities in the Japan area, as determined by the United States government, the National Police Reserve, and all other Japanese armed forces, shall be placed under the unified command of a Supreme Commander designated by the United States government after consultation with the Japanese government.⁷

chapter ix

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.

(A paragraph to be added on ratification provisions.)

1. There is some possibility this is a copy of the “Japanese revised draft of a U.S.–Japan bilateral” mentioned in Mr. Fearey’s memorandum of February 5, p. 857. If so, it was presented to U.S. officials February “3, probably simultaneously with the explanatory “Observations” described in the editorial note, infra. The editors have been unable conclusively to determine whether the draft which is here revised, itself very substantially different from the bilateral draft of January 18, is a U.S., Japanese, or joint draft. For information on the draft of January 18, see Mr. Rusk’s letter to General Magruder of January 17 with enclosure, p. 801.
2. For information on the origin of this and subsequent revisions and deletions, see the editorial note, infra. In the text as printed, italics have been added to indicate revision, which is shown in the source text as interpolation.
3. The handwritten word “delete” appears beside paragraph (8) of chapter VI in the source text.
4. Reference unidentified.
5. The handwritten notation “delete” appears beside the entire section on “Further Description of Rights” (chapter VI paragraphs (5) and (6)) in the source text.
6. The handwritten notation “delete” appears beside paragraphs (9) and (10) of chapter VI in the source text.
7. The handwritten word “delete” appears beside all of chapter VIII in the source text.