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

611.94/2–952: Telegram

No. 505
The Secretary of State to the Office of the United States Political Adviser to SCAP (Sebald)¹

secret
priority

Washington, February 9, 1952—1:24 p.m.

2185. Joint State–Defense msg. For Rusk. Urtel 1631 Feb 6 (CX 62996, Rusk’s 12).

1. Re Article 3.

You are authorized accept, if it becomes necessary to conclusion Agreement, deletion para 2 subj to its being recorded in formal agreed minutes as agreed interpretation para 1 and subj foil considerations.

We are concerned by proposal relegate to secret minutes matters which shld be in agreement itself, for reasons indicated urmsg, and suggest that concession if found necessary be made only near termination negots to avoid precedent.

Believe present comprehensive language of para 1 wld not be strengthened by addition specific rights which cld be construed as limiting general authority. However, if you have suggested wording, pls submit.

Believe para 2 (g) not clearly within scope para 1 and therefore wld not be adequately covered by inclusion in agreed minutes. This right must be expressly included, perhaps in Article 11.

2. Re Article 16.

Believe 50–50 formula fol logically from expense formula Article 23 and shld be accepted by Jap. This need not be sticking point on entire negot and desirability concession must be evaluated in light total negotiating situation. If you consider necessary you are authorized accept 75–25.

3. Re Article 16.

No objection inclusion provision for ex gratia payment similar para 6 Article 8 NATO agreement. If included, suggest you point out to Japs that necessary fol administrative requirements US law within framework ex gratia provision.

Acheson

1. Drafted in NA and cleared by phone with the Office of the Secretary of Defense.