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

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.

[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 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.

1. Drafted by the Secretary.
2. Neither found.