611.94/8–1253

No. 673
The Deputy Director of the Office of Northeast Asian Affairs (McClurkin) to Robert Haydock, Jr., Counsel for Foreign and Military Affairs in the Office of the Secretary of Defense

confidential

My Dear Mr. Haydock: In connection with proposals for the negotiation of revision of Article XVII of the Administrative Agreement (which covers criminal jurisdiction arrangements for United States forces in Japan) the question arose whether we should seek understandings with the Japanese in amplification of Article XXIII [Page 1479] of the Agreement (which concerns the Japanese obligation to adopt and enforce measures for the protection of United States forces).

It has now been agreed between the State and Defense Departments that no attempt should be. made to take up problems arising under the security measures article of the Administrative Agreement in the course of the negotiation of revision of the criminal jurisdiction article. This decision was reached to avoid complicating that negotiation. Our plan is to complete the negotiation of the United Nations Forces Agreement immediately after we have concluded the revision of the criminal jurisdiction article of the Administrative Agreement. It is our hope to postpone consideration of subjects covered in other articles of the Administrative Agreement until after completion of the negotiation of the United Nations Forces Agreement.

I assume you will let us know if you run into difficulties in working out arrangements with the Japanese concerning security measures. If difficulties do arise we shall be glad to discuss with you what action the Department of State might take in order to assist in resolving the difficulties.

Sincerely yours,

Robert J.G. McClurkin