30. Telegram From the Department of State to the Embassy in Japan 0

503. Joint State–Defense message. We are anxious make most of favorable opportunity afforded by US agreement to renegotiate Security Treaty in obtaining from Japan some publishable form of its statement of intention to waive its right to exercise jurisdiction over US personnel except in cases of material importance to it. You are aware of value this would have with respect to (a) our negotiations with other countries, notably Philippines where informal talks are scheduled to reopen on October 20, and (b) facilitating presentation annual report to Congress on status of forces arrangements.

In past efforts have been aimed at declassifying current classified statement. This posed obvious difficulty which we believe might be overcome by proposing to Kishi an exchange of notes in which GOJ would refer to its practice in past of not exercising jurisdiction except in [Page 92] cases of particular importance and affirming that it would be Japanese policy continue to do so in future. US has similar published commitment from NATO countries such as Greece, Netherlands and Libya.

Accordingly you should seek agreement along foregoing lines with GOJ preferably Kishi at most opportune moment.

Dulles
  1. Source: Department of State, Central Files, 794.33/10–258. Secret. Drafted by Martin, FE/NA, and W. Elang, DOD/ISA; cleared with L/FE, SPA, and DOD; and approved by Parsons. Repeated to Manila and CINCPAC.