Foreign Relations of the United States, 1952–1954, China and Japan, Volume XIV, Part 2

611.94/1–2252

No. 482
Draft Administrative Agreement Between the United States and Japan ¹

[Extracts]

secret

[ Washington ,] January 22, 1952.

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 interests 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:

Article I

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 persons who are Japanese nationals or who are ordinarily residents of Japan. However, as an exception, dual nationals, US and Japanese, who are brought to Japan by the US shall not be considered as Japanese nationals for purposes of this agreement. 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.

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. Facilities and areas in use by United States forces at the time this Agreement becomes effective may be used by such forces until other arrangements agreed to through the Joint Committee can be made effective. “Facilities and areas” include existing furnishings, equipment and fixtures necessary to the operation of such facilities and areas.

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 use may be made by the Japanese authorities if in the opinion of the United States authorities such use would not be harmful to the purposes for which the facilities and areas are normally used by the United States armed forces.

Article III

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 construct on rights of way utilized by the US such wire and radio communications facilities, including submarine and subterranean cables, pipe lines and spur tracks from railroads, as may be required for military purposes;

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 any supplies or construction work to be furnished or undertaken in Japan for purposes of, or authorized by this agreement, without restriction as to choice of supplier or contractor.

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 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.

Article IV

Changes in Condition of Facilities and Areas

1. The United States is not obliged, when it returns facilities and areas to Japan on the expiration of this Agreement or at an earlier date, to restore the facilities and areas to the condition in which they were at the coming into force of this Agreement.

2. Japan is not obliged to make any compensation to the United States for any improvements made in the facilities and areas or for the buildings or structures left thereon on the expiration of this Agreement or the earlier relinquishment of the facilities and areas.

3. The foregoing provisions shall not apply to any construction which the United States may undertake under special arrangements with Japan.

. . . . . . .

Article XVI

Civil Jurisdiction and Claims

1. Each party waives all its claims against the other party for injury or death suffered in Japan by [a] member of its armed forces, or [a] civilian employee of its government, 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.

(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 all claims approved or disapproved by Japan pursuant to this paragraph, together with the findings in each case and a statement of the claims sums paid by Japan 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 claim 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.

. . . . . . .

Article XXII

Defense Measures

1. It is recognized that, in the event of hostilities, or imminently threatened hostilities, in the Japan area, the US will not be limited by this agreement in taking the necessary actions to carry out the purposes of Article I of the US-Japan Security Treaty and to ensure the security of its forces in Japan.

2. In the event of hostilities or when, in the opinion of either party, hostilities are imminently threatened in the Japan area, the US may, in agreement with the Govt of Japan, establish a combined command and designate a comdr thereof. Such a comdr would exercise operational command over all US Forces in the Japan area and over all Japanese security organizations in Japan, except local police, capable of contributing to the defense of Japan.

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 will:

(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 facilities and areas, including facilities and areas jointly used such as those at airfields and ports, utilized by the US for purposes of this Agreement, and the furnishings, equipment and fixtures in use by the US on the effective date of this Agreement.

(b) make available without cost to the United States, until the effective date of any new arrangement reached as a result of a reexamination 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.

Article XXIV

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.

. . . . . . .

1. The source text is a hand-revised copy of the Dec. 21 draft. For text of Article XV as of that date, see the attachment to Acheson’s memorandum, infra .