222. Telegram From the Embassy in Japan to the Department of State1

747. Reference: Deptel 586.2

1.
We put Department’s revised para C language to FonOff and explained difficulties found with Japanese proposal in para 4 Embtel 723.3
2.
Later today Ohno said that, after consultation with Fujiyama, they would be agreeable to our language but urged one slight change which, they thought, expressed more precisely meaning we intended to convey. This change is to substitute “whenever” for “insofar as” in final clause. Their reasoning was that our wording was susceptible of [Page 470] meaning, and particularly so when translated into Japanese, that provisions of Article 51 are always applicable to some extent to all “measures”. Their wording, they believed, made it clear, without changing meaning that provisions of Article 51 of Charter applied only to some of measures contemplated by Article I of Treaty, e.g. Article 51 would not apply to measures short of hostilities or to disposition of our forces in Japan.
3.
We said we thought that broad use of our term conveyed same thought as Japanese change, but that we would refer proposed change to Department. We would appreciate urgent confirmation, if it is acceptable, if possible to reach us in time to convey to Foreign Ministry prior to noon meeting Thursday Tokyo time of Administrative Vice Ministers’ weekly conference, at which entire text must be approved if it is to receive Cabinet approval Friday in time for signature Saturday. (Fujiyama departs Saturday4 for New York.)
4.
Tentative time for signature of exchange of notes is 9:00 am Saturday morning Tokyo time, with simultaneous release in Tokyo and Washington at that hour. We recognize this is not very convenient hour for Washington release but hope it can be managed. (Release earlier in day in Washington to be held until that hour will make trouble for us here because stories will be sent back to Tokyo before signature has actually taken place.) Would appreciate confirmation that proposed timing is acceptable and we will in turn confirm to Department when final arrangements made.
5.
FonOff concurs with text of our draft reply as given Deptel 5615 and will make explanatory comment substantially similar to text in para 2 Deptel 561.6

Passed COMUS Japan by other means.

Allison
  1. Source: Department of State, Central Files, 794.5/9–1057. Confidential; Niact. Repeated to CINCPAC for POLAD.
  2. Supra.
  3. Document 220.
  4. September 14.
  5. Dated September 5, not printed. (Department of State, Central Files, 794.5/9–257)
  6. Telegram 600 to Tokyo, September 10, sent in reference to telegram 747, reads as follows:

    “1. Accept substitution ‘whenever’ for ‘insofar as’ in final clause para C as suggested Japanese accordance para 2 reftel. FYI complexities of Japanese language beyond us. End FYI.

    “2. Also agree proposed timing simultaneous release accordance para 4 reftel.” (Ibid., 794.5/9–1057)

    For text of the Understanding on the Interpretation of the Security Treaty and the Administrative Agreement with respect to the Charter of the United Nations, effected by an exchange of notes signed at Tokyo September 14, 1957, see TIAS 3910; 8 UST (pt. 2) 1571. For text of the Department’s press release issued September 13 (Washington time), see Department of State Bulletin, September 30, 1957, p. 534.