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

611.94/12–2651

[Extracts]²

United States Draft of Administrative Agreement Between the United States and Japan¹

secret

[Washington,] December 21, 1951.³

Preamble
Article I	Definitions
Article II	Facilities and Areas
Article III	Description of Rights
Article IV	Changes in Condition of Facilities and Areas
Article V	Transit Privileges
Article VI	Navigation and Communication Systems
Article VII	Public Services
Article VIII	Meteorological Services
Article IX	Entry into Japan
Article X	Imports
Article XI	Procurement in Japan
Article XII	General Taxation
Article XIII	Sales and Services
Article XIV	Respect for the Laws of Japan
Article XV	Criminal Jurisdiction
Article XVI	Civil Jurisdiction and Claims
Article XVII	Foreign Exchange Controls
Article XVIII	Military Payment Certificates
Article XIX	Postal Facilities
Article XX	Reserve Organizations
Article XXI	Security of Forces and Property
Article XXII	Defense Measures
Article XXIII	Expenses
Article XXIV	Joint Committee
Article XXV	Effective Date
Article XXVI	Termination

Preamble

Whereas Japan will resume its place in the international community of nations as a free and sovereign member upon the coming into effect of the Treaty of Peace with Japan;

And whereas Japan and the United States of America will, in consequence of the Treaty of Peace with Japan, enter upon a mutual relationship of equal and sovereign nations bound together by the great principles of the Charter of the United Nations;

And whereas Japan and the United States of America on September 8, 1951, signed a Security Treaty which contains provision for the disposition of United States land, air and sea forces in and about Japan;

And whereas Article III of that Treaty states that the conditions which shall govern the disposition of the armed forces of the United States in and about Japan shall be determined by administrative agreements between the two Governments;

And whereas Japan and the United States of America are desirous of concluding practical administrative arrangements which will give effect to their respective obligations under the Security Treaty and will strengthen the close bonds of mutual interest and regard between their two peoples;

Therefore, the Governments of Japan and of the United States of America have entered into this agreement in terms as set forth below:

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Article I⁴

definitions

In this Agreement the expression—

(a) “United States armed forces” means the personnel on active duty belonging to the land, sea or air armed services of the United States of America when in the territory of Japan.

(b) “civilian component” means the civilian persons, who are in the employ of, serving with, under contract with, or accompanying the United States armed forces in Japan, and civilian persons in the employ of or under contract with contractors of the United States armed forces in Japan, but excludes personnel who are Japanese nationals or who are ordinarily residents of Japan. Wherever applicable, “civilian persons” as used above includes juridical entities.

(c) “dependents” means:

(1) Spouse, and children under 21;

(2) Parents, and children over 21, if dependent for over half their support upon a member of the United States armed forces or civilian component.⁵

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Article II

facilities and areas

1. Japan agrees to grant to the United States the use of the facilities and areas necessary to carry out the purposes stated in Article I of the Security Treaty. Specific facilities and areas shall be determined by the two Governments in consultation through the Joint Committee provided for in Article XXIV of this Agreement. As a temporary measure, facilities and areas in use by United States forces at the time this Agreement becomes effective may be used by such forces until arrangements agreed to through the Joint Committee can be made effective.

2. Japan and the United States may from time to time agree that such facilities and areas shall be returned to Japan or that additional facilities and areas may be provided.

3. The facilities and areas used by the United States armed forces shall be returned to Japan whenever they are no longer needed for purposes of this Agreement, and the United States agrees to keep the needs for facilities and areas under continual observation with a view toward such return.

4. When facilities and areas such as target ranges and maneuver grounds are temporarily not being used by the United States, interim control thereof shall be returned to Japanese authorities if in the opinion of the United States authorities such return would not be harmful to the purposes for which the facilities and areas are normally used by the United States armed forces.⁶

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Article III⁷

description of rights

1. The United States shall have the rights, power and authority within the facilities and areas which are necessary or appropriate for their establishment, use, operation, defense or control. The United States shall also have such rights, power and authority over land, territorial waters and airspace adjacent to, or in the vicinities of such facilities and areas, as are necessary to provide access to such facilities and areas for their support, defense and control.

2. Such rights, power and authority shall include, inter alia, to the extent necessary to accomplish the purposes of this Agreement, the rights, power and authority:

a. To construct (including dredging and filling), operate, maintain, utilize, occupy, garrison and control the facilities and areas;

b. To remove buildings or structures, make alterations, attach fixtures, or erect additions thereto and to construct any additional buildings or structures together with auxiliary facilities;

c. To improve and deepen the harbors, channels, entrances and anchorages, and to construct or maintain necessary roads and bridges affording access to such facilities and areas;

d. To control (including the right to prohibit) in so far as may be required by military necessity for the efficient operation and safety of the facilities and areas, anchorages, moorings, landings, takeoffs 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 facilities and areas;

e. To acquire 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;

f. To construct, install, maintain, and employ in any facility or area any type of installation, weapon, 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; and

g. To contract for or to undertake any construction work in Japan authorized by this Agreement without restriction as to choice of contractor or constructing agency.

3. The United States agrees that the above-mentioned rights, power and authority will not be exercised in such a manner as to interfere unnecessarily with navigation, aviation, communication, or land travel to or from or within the territories of Japan. All questions relating to frequencies, power and like matters used by apparatus employed by the United States designed to emit electric radiation shall be settled by mutual arrangement. As a temporary measure the United States armed forces shall be entitled to use, without radiation interference from Japanese sources, electronic devices of such power, design, type of emission, and frequencies as are reserved for such forces at the time this Agreement becomes effective.

4. Operations in the facilities and areas under the control of the United States shall be carried on with due regard for the public safety.

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Article XII⁸

general taxation

1. The United States shall not be subject to taxes or similar charges on property held, used or transferred in Japan by or in behalf of the United States armed forces. Upon appropriate certification, contractors shall be entitled to the same exemptions with respect to property held, used or transferred in the execution of contracts with the United States.

2. Members of the United States armed forces, the civilian component, and their dependents, shall not be liable to pay income tax to the Japanese Government or to any other taxing agency in Japan on income received as a result of their service or employment by the United States armed forces or in the execution of a contract with the United States armed forces in Japan, or on income received from sources outside of Japan. The provisions of this Article do not exempt such individuals from payment of income taxes on income derived from Japanese sources. Such individuals shall be exempt from taxation in Japan on the holding, use, transfer inter se, or transfer by death of movable property, tangible or intangible; provided that such exemption from taxes shall not apply to property held for the purpose of investment or the conduct of business in Japan. Where the legal incidence of any form of taxation in Japan depends upon residence or domicile, periods during which individuals are in Japan solely by reason of being members of the United States armed forces, of the civilian component, or their dependents shall not be considered as periods of residence or domicile in Japan for the purposes of such taxation.

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Article XIV

respect for the laws of japan

It is the duty of members of the United States armed forces, civilian components thereof, and their dependents, to respect the laws of Japan and to abstain from any activity inconsistent with the spirit of the present agreement, and, in particular, from any political activity in Japan.

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Article XV⁸

criminal jurisdiction

(State Draft)

1. Subject to the provisions of this Article,

(a) the military authorities of the United States shall have the right to exercise within Japan all criminal and disciplinary jurisdictions conferred on them by the law of the United States over all persons subject to the military law of the United States;

(b) the authorities of Japan shall have jurisdiction over the members of the United States armed forces, or the civilian component, and their dependents, with respect to offenses committed within the territory of Japan and punishable by the law of Japan.

2.

(a) The military authorities of the United States shall have the right to exercise exclusive jurisdiction over persons subject to the military law of the United States with respect to offenses, including offenses relating to its security, punishable by the law of the United States, but not by the law of Japan.

(b) The authorities of Japan shall have the right to exercise exclusive jurisdiction over members of the United States armed forces, or the civilian component, and their dependents, with respect to offenses, including offenses relating to the security of Japan, punishable by its law but not by the law of the United States.

(c) For the purposes of this paragraph and of paragraph 3 of this Article a security offense against a State shall include:

(i) treason against the State;

(ii) sabotage, espionage or violation of any law relating to official secrets of that State, or secrets relating to the national defense of that State.

3. In cases where the right to exercise jurisdiction is concurrent the following rules shall apply:

(a) The military authorities of the United States shall have the primary right to exercise jurisdiction over persons subject to the military law of the United States in relation to:

(i) offenses solely against the property or security of the United States or offenses solely against the person or property of another member of the United States armed forces, or of the civilian component, or one of their dependents;

(ii) offenses arising out of any act or omission done in the performance of official duty.

(b) In the case of any other offense the authorities of Japan shall have the primary right to exercise jurisdiction.

4. The foregoing provisions of this Article shall not imply any right for the military authorities of the United States to exercise jurisdiction over persons who are nationals of or ordinarily resident in Japan, unless they are members of the armed forces of the United States.

5.

(a) The authorities of Japan and the United States shall assist each other in the arrest of members of the United States armed forces, or civilian component, and their dependents, in the territory of Japan and in handing them over to the authority which is to exercise jurisdiction in accordance with the above provisions.

(b) The authorities of Japan shall notify promptly the military authorities of the United States of the arrest of any member of the United States armed forces, or civilian component, or one of their dependents.

(c) The custody of a member of the United States armed forces, or civilian component, or one of their dependents, over whom Japan is to exercise jurisdiction shall, if he is in the hands of the United States, remain with the United States until he is charged by Japan.

6.

(a) The authorities of Japan and the United States shall assist each other in the carrying out of all necessary investigations into offenses, and in the collection and production of evidence, including the seizure and, in proper cases, the handing over of objects connected with an offense. The handing over of such objects may, however, be made subject to their return within the time specified by the authority delivering them.

(b) The authorities of the United States and Japan shall notify one another of the disposition of all cases in which there are concurrent rights to exercise jurisdiction.

7.

(a) A death sentence shall not be carried out in Japan by the authorities of the United States if the legislation of Japan does not provide for such punishment in a similar case.

(b) The authorities of Japan shall give sympathetic consideration to a request from the authorities of the United States for assistance in carrying out a sentence of imprisonment pronounced by the authorities of the United States under the provisions of this Article within the territory of Japan.

8. Where an accused has been tried in accordance with the provisions of this Article by the authorities of one Contracting Party and has been acquitted, or has been convicted and is serving, or has served, his sentence or has been pardoned, he may not be tried again for the same offense within the same territory by the authorities of the other Contracting Party. However, nothing in this paragraph shall prevent the military authorities of the United States from trying a member of its armed forces for any violation of rules of discipline arising from an act or omission which constituted an offense for which he was tried by the authorities of Japan.

9. Whenever a member of the United States armed forces, or the civilian component, or one of their dependents, is prosecuted under the jurisdiction of Japan he shall be entitled—

(a) to a prompt and speedy trial;

(b) to be informed, in advance of trial, of the specific charge or charges made against him;

(c) to be confronted with the witnesses against him.

(d) to have compulsory process for obtaining witnesses in his favour, if they are within the jurisdiction of Japan;

(e) to have legal representation of his own choice for his defense or to have free or assisted legal representation under the conditions prevailing for the time being in Japan;

(f) if he considers it necessary, to have the services of a competent interpreter; and

(g) to communicate with a representative of the Government of the United States, and, when the rules of the court permit, to have such a representative present at his trial.

10.

(a) Units or formations of the United States armed forces shall have the right to police any facilities or areas utilized by the United States under this Agreement. The military police of the United States armed forces may take all appropriate measures to ensure the maintenance of order and security in such facilities and areas.

(b) Outside facilities and areas utilized by the United States, military police of the United States armed forces shall be employed only subject to arrangements with the authorities of Japan and in liaison with those authorities, and only in so far as such employment is necessary to maintain discipline and order among the members of such armed forces.

11. Without derogating from the principles of jurisdiction set forth in this Article, it is recognized that administrative convenience would be served if, in the usual case, each Government undertook to punish offenses on the part of its own nationals. Accordingly the Government having the primary right to exercise jurisdiction may prefer not to exercise such right in a particular case, and shall in such case notify the authorities of the other Government as soon as practicable. The authorities of the Government having the primary right shall give sympathetic consideration to a request from the authorities of the other Government for a waiver of its right. No such waiver shall be deemed to modify the principles of jurisdiction set forth in this Article.

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Article XVI⁹

1. Each party waives all its claims against the other party for injury or death suffered in Japan by any member of its armed forces, or any civilian employee, while such member or employee was engaged in the performance of his official duties.

2. Each party waives all its claims against the other party for damage to any property in Japan owned by it, if such damage was caused by a member of the armed forces or a civilian employee of the government of the other party in the performance of his official duties.

3. Claims, other than contractual, arising out of acts or omissions of members of, or employees of the United States armed forces in the performance of official duty causing injury, death, or property damage in Japan to third parties shall be dealt with by Japan in accordance with the following provisions:

(a) Claims shall be filed within one year from the date on which they arise and shall be considered and settled or adjudicated in accordance with the laws and regulations of Japan with respect to claims arising from the activities of its own armed forces or employees.

(b) Japan may settle any such claims, and payment of the amount agreed upon or determined by adjudication shall be made by Japan in yen.

(c) Such payment, whether made pursuant to a settlement or to adjudication of the case by a competent tribunal of Japan, or the final adjudication by such a tribunal denying payment, shall be binding and conclusive upon Japan and the United States.

(d) The cost incurred in satisfying claims pursuant to the preceding subparagraphs shall be shared in equal proportions by Japan and the United States.

(e) In accordance with procedures to be established, a statement of the claims filed and the sums paid by Japan pursuant to this paragraph, together with the findings in each case, shall be sent to the United States periodically, with a request for reimbursement of the share to be paid by the United States. Such reimbursement shall be made within the shortest possible time in yen.

(f) This paragraph (3) shall not apply to any claims resulting from action by an enemy of the United States or resulting directly or indirectly from any act by armed forces engaged in combat.

4. Each party shall have the exclusive right, in the execution of the foregoing paragraphs, to determine whether its personnel were engaged in the performance of official duty.

5. Members of and civilian employees of the United States armed forces shall not be subject to suit in Japan with respect to claims specified in paragraph 3, but shall be subject to the civil jurisdiction of Japanese courts with respect to all other types of claims.

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Article XXI¹⁰

security of forces and property

The United States and Japan will cooperate in taking such steps as may from time to time be necessary to ensure the security of the United States armed forces, the civilian component thereof, their dependents and their property. Japan agrees to take the action necessary to ensure the adequate security and protection within its territory of installations, equipment, property, records and official information of the United States, and for the punishment of offenders.

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Article XXII

defense measures

The appropriate authorities of the United States and Japan shall consult together with a view to coordinating measures of defense for use in the event of hostilities, or imminently threatened hostilities in the Japan area.¹¹

Note: Defense agrees to this paragraph provided that Chapter IV of JCS draft¹² is concluded in a simultaneous separate agreement.

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Article XXIII

expenses

1. Japan and the United States recognize that their relative contributions to the expenses of United States armed forces stationed in Japan in the mutual interest are to be determined in the light of the total resources which each is able to and does devote to security. They undertake to re-examine their respective contributions from time to time in accordance with the foregoing and in the light of any comparable arrangements for collective security concluded by the United States with other powers.

2. Subject to the provisions of paragraph 1 above, and pending any new determination of contributions, it is agreed that certain basic expenses of the United States armed forces stationed in Japan, such as pay and allowances, rations, military equipment, and transportation to and from Japan shall be borne by the United States, and that the local costs incident to the maintenance of such forces in Japan shall in principle be borne on the basis of parity by the United States and Japan.

3. Pursuant to paragraph 2, it is agreed that Japan wall:

(a) furnish for the duration of this Agreement without cost to the United States and make compensation where appropriate to the owners and suppliers thereof all real estate utilized by the United States forces and facilities jointly used such as those at airfields and ports;

(b) make available without cost to the United States, until the effective date of any new arrangement reached as a result of a re-examination as provided in paragraph 1, for the year commencing upon the entry into force of the Treaty of Peace and annually thereafter an amount of Japanese currency equivalent to $155 million per annum, for the purpose of procurement of transportation and other requisite services and supplies in Japan. The rate of exchange at which yen payments will be credited shall at the option of the United States be the official par value or that rate most favorable to the United States which on the day of payment is available to any party: provided such rate is not unlawful and, if both countries have agreed par values with the International Monetary Fund, is not prohibited by the Articles of Agreement of the Fund.

4. Pursuant to paragraph 2, it is agreed that the United States will bear without cost to Japan, in addition to basic expenses referred to in paragraph 2, all local costs incident to the maintenance of United States armed forces in Japan except those to be borne by Japan as provided in paragraph 3.

5. It is agreed that arrangements will be effected between the Governments of Japan and the United States for accounting applicable to financial transactions arising out of this Agreement. Those arrangements will be based upon the principle that outstanding obligations of the countries to each other incurred in the implementation of this Agreement will be settled periodically.

6. Nothing herein shall prevent the United States from utilizing for the defrayment of expenses which are to be borne by the United States under this Agreement dollar or yen funds lawfully acquired by the United States through repayment of obligations of Japan to the United States or otherwise.

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Article XXIV¹³

joint committee

1. A Joint Committee shall be established as the means for consultation between the United States and Japan on all matters requiring mutual consultation regarding the implementation of this Agreement. In particular, the Joint Committee shall serve as the means for consultation in determining the facilities and areas in Japan which are required for the use of the United States in carrying out the purposes stated in Article I of the Security Treaty.

2. The Joint Committee shall be composed of a senior representative of the United States and of Japan, each of whom shall have one or more deputies and a staff. The Joint Committee shall determine its own procedures, and arrange for such auxiliary organs and administrative services as may be required. The Joint Committee shall be so organized that it may meet immediately at any time at the request of the representative of either the United States or Japan.

3. If the Joint Committee is unable to resolve any matter, it shall refer that matter to the respective governments for further consideration through appropriate channels.

Duration of Agreement

Article XXV

effective date

This Agreement shall come into force on the date on which the Security Treaty between the United States of America and Japan enters into force.

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Article XXVI

termination

This Agreement shall remain in force while the Security Treaty remains in force unless earlier modified or terminated by agreement between the parties.

2. Apparently a joint draft of the State and Defense Departments, with exceptions and conditions as noted in the text.
1. Omitted are Articles IV through XI, XIII, and XVII through XX. Also omitted are the legal commentaries which accompany each article.
3. Certain articles have different dates as noted below.
4. This article is dated December 26.
5. The source text bears a marginal note in what is apparently Mr. Rusk’s handwriting:

   “1. Arrangements need to be such as to permit U.S. forces to carry out their mission; civilian component is an essential part of the force, even tho not in uniform, and is essential to proper execution of the military mission.

   “2. Arrangements should be such as not to divert the public funds of the U.S. to purposes other than those intended, nor to increase burdens on U.S. taxpayer.

   “3. U.S. does not wish any jurisdiction over or immunity for anyone in Japan not an essential part of the U.S. effort nor to interfere in any way with Japanese jurisdiction over or obligations re: Japanese nationals or persons ordinarily resident in Japan.

   “4. Within practical limitations with respect to facilities, U.S. does not wish to break up natural family associations among U.S. personnel.”

6. The source text of this article bears a marginal note in what is apparently Mr. Rusk’s handwriting:

   “Specific facilities and areas will be subject of continuous consultation and negotiation; will probably never be a static list of such facilities; present arrangement better both for parties and can adjust arrangements to changes in the situation without burdensome formalities, U.S. representative in Joint Committee will seek in utmost good faith to find mutually acceptable facilities and areas which will meet essential requirements of both sides.”

7. This article is dated December 26.
8. This article is dated December 26.
8. This article is dated December 26.
9. This article is dated December 26.
10. This article is dated December 26.
11. This article is identical to Article XXII of the State Department’s draft of November 5, not printed. (A copy of this draft is in the “Rusk Black Book on Administrative Agreement,” 794.0221/9–851)
12. Apparently the draft dated October 22, discussed in the memorandum from the JCS to Mr. Lovett, November 16, p. 1404.
13. This article is dated December 27.