611.91/1–2552
No. 484
Memorandum by the Secretary of State to the President
Subject:
- Draft Article on Criminal Jurisdiction
In accordance with your instruction to the Secretary of Defense and to me, given in our conference in your office yesterday,1 we [Page 1113] have worked out in agreement the attached draft2 Article on Criminal Jurisdiction for the Administrative Agreement with Japan. The solution contained in this Article avoids discrimination against the Japanese in that it commits the United States, at the option of Japan to conclude with Japan an agreement on criminal jurisdiction similar to the corresponding provisions of the NATO Status of Forces Agreement as soon as the latter agreement comes into force with respect to the United States. In the period before the coming into effect of the NATO Status of Forces Agreement, the attached solution would provide for exclusive jurisdiction by our own service courts and authorities over all offenses which may be committed in Japan by members of the U.S. armed forces, the civilian component and their dependents. Because of the wide variety of arrangements which we now have with other countries, pending the effective operation of the NATO Status of Forces Agreement, it is impossible to draft an arrangement with Japan which is exactly parallel to any considerable number of our present arrangements with other countries. However we feel that there are sufficiently adequate precedents now existing for the interim application of exclusive jurisdiction as to give the Japanese no legitimate cause for alleging discrimination. This is particularly true since the Japanese will have an opportunity to choose the NATO formula when the United States ratifies the NATO Agreement.
The Secretary of Defense and the Chairman of the Joint Chiefs of Staff agree with the attached draft article and join with me in recommending that the President approve it and authorize the negotiations to begin.3