794.0221/1–2252
No. 483
Memorandum by the Secretary of
State1
secret
[Washington,] January 22, 1952.
Memorandum of Telephone Conversations
With Mr. Lovett and the
President
I talked with Mr. Lovett about the
attached article XV draft. He and General
Bradley have approved it. Mr. Lovett authorized me to speak to the President, which I
did. The President authorizes us to go ahead.
The President thought that it might be well for the record, in view of
the long-hand letter that he wrote to Bob and the
appeal Bob sent him,2 that I send him a short memorandum attaching
this draft, saying that in accordance with the President’s instructions
yesterday to Mr. Lovett and me,
we have worked out the attached draft, which we believe avoids
discrimination against the Japanese on criminal jurisdiction, and we
submit it for his approval, and authorization to go ahead with the
negotiations. He will approve it, and the record will be straight.
Either Mr. Rusk or I should tell
Mr. Lovett that the President has
asked for this brief memorandum.
[Page 1111]
[Attachment]
Article XV
Criminal Jurisdiction
- 1.
- Pending the coming into force with respect to the United
States of the “Agreement between the Parties to the North
Atlantic Treaty regarding the Status of their Forces”, signed at
London on June 19, 1951, United States service courts and
authorities shall have the right to exercise within Japan
exclusive jurisdiction over all offenses which may be committed
in Japan by members of the U.S. armed forces, the civilian
component, and their dependents. Such jurisdiction may in any
case be waived by the United States.
- 2.
- While the jurisdiction provided in the above paragraph is
effective, the following provisions shall apply:
- a.
- Japanese authorities may arrest members of the United
States armed forces, the civilian component, or their
dependents for the commission or attempted commission of
an offense, but in the event of such an arrest, the
individual or individuals shall be immediately remanded
to the custody of the United States armed forces.
- b.
- The United States armed forces shall have the
exclusive right to arrest within facilities and areas in
use by United States armed forces. The United States
armed forces may arrest any person whose conduct in or
near such a facility or areas affects the security of
that facility or area. Any person not subject to the
jurisdiction of the United States armed forces shall
immediately be remanded to the custody of Japanese
authorities.
- c.
- The United States armed forces may arrest members of
the United States armed forces, the civilian component,
and their dependents, anywhere within Japan, and may
travel throughout Japan for the purpose of maintaining
order and discipline of members of the United States
armed forces, the civilian component, and their
dependents.
- d.
- The authorities of the United States and Japan shall
cooperate in making available witnesses and evidence for
criminal proceedings in their respective tribunals and
shall assist each other in the making of investigations.
In the event of a criminal contempt, perjury, or an
obstruction of justice before a tribunal which does not
have criminal jurisdiction over the individual
committing the offense, he shall be tried by a tribunal
which has jurisdiction over him as if he had committed
the offense before it.
- e.
- The United States armed forces shall have the
exclusive right of removing from Japan members of the
U.S. armed forces, the civilian component, and their
dependents. The United States will give sympathetic
consideration to a request by the Government of Japan
for the removal of any such person for good
cause.
- f.
- Japanese authorities shall have no right of search or
seizure with respect to any property within facilities
and areas in use by United States, or with respect to
property of the United States [Page 1112] armed forces wherever situated.
Japanese authorities shall have no right of search or
seizure with respect to the persons or property of
members of the United States armed forces, the civilian
component, or their dependents, except as to such
persons as may be arrested in accordance with paragraph
2a of this Article.
- g.
- A death sentence shall not be carried out in Japan by
the United States armed forces if the legislation of
Japan does not provide for such punishment in a similar
case.
- 3.
- The United States undertakes that the United States service
courts and authorities shall be willing and able to try and, on
conviction, to punish all offenses against the laws of Japan
which members of the United States armed forces, civilian
component, and their dependents may be alleged on sufficient
evidence to have committed in Japan, and to investigate and deal
appropriately with any alleged criminal offense committed by
members of the United States armed forces, the civilian
component, and their dependents, which may be brought to their
notice by Japanese authorities or which they may find to have
taken place.
- 4.
- Upon the coming into force with respect to the United States
of the North Atlantic Treaty Agreement referred to in paragraph
1, above, the United States will immediately conclude with
Japan, at the option of Japan, an agreement on criminal
jurisdiction similar to the corresponding provisions of the
North Atlantic Treaty Agreement. However, in the event such
option is not exercised by Japan, the jurisdiction provided for
in the foregoing paragraphs shall continue in effect. In the
event the said North Atlantic Treaty Agreement has not come into
effect within one year from the effective date of this
Agreement, the United States will, at the request of the
Japanese Government, reconsider the subject of jurisdiction over
offenses committed in Japan by members of the United States
armed forces, the civilian component, and their
dependents.
