611.94/2–1552: Telegram
No. 514
The United States Political Adviser to
SCAP (Sebald) to the Department of State
1690. Rptd Secretary Defense, CX 3630. This is Sebald’s 1690. No. 23 from Rusk. Herewith changes text Article 2 and exchange notes same subject referred to in my number 22.1
In Article 2, para 1, delete third sentence. Begin para 2 “At the request of either party, Japan and the United States shall review such arrangements and may agree, etc.” Our para 4 becomes 4 (a). Insert “and nationals” after “Japanese authorities” and substitute “provided that it is agreed that” for words “if in the opinion of the United States authorities”.
Comment: This change still required US agreement but is less offensive Japanese.
Add new para 4 (b) to read:
“(b) With respect to such facilities and areas as target ranges and maneuver grounds which are to be used by US armed forces for limited periods of time, the Joint Committee shall specify in the agreements covering such facilities and areas the extent to which the provisions of this agreement shall apply.”
Comment: Japanese have in mind ranges and maneuver areas used few weeks of year regarding which we should not have broad rights administrative agreement over “facilities and areas” throughout year possibly affecting large numbers Japanese farmers and fishermen. Suggested 4 (b) acceptable to Japanese in lieu of more restrictive language proposed by them reading:
“(b) The provisions of this agreement shall be applicable to such facilities and areas as target ranges and maneuver grounds only while they are in use by the US armed forces and to the extent appropriate for the purposes for which their use is granted.”
Draft text US note to Japan now follows: [Page 1169]
“Excellency:
“In Article 2, para 1, of the administrative agreement between the US of America and Japan signed today, it is stipulated that ‘specific facilities and areas shall be determined by the two govts in consultation through the Joint Committee provided for in Article 24 of this agreement’. The US Govt is confident that our two govts are agreed that such consultation shall be on an urgent basis in order to complete such arrangements at the earliest possible date and before the expiration of 90 days following the effective date of the treaty of peace with Japan. With this in mind, the US Govt is prepared to join with the Japanese Govt in constituting a preliminary working group, consisting of a rep and the necessary staff from each side, to begin such consultations immediately, with the understanding that the task of the preliminary working group would be taken over by the Joint Committee upon the effective date of the administrative agreement.
“There may be some exceptional cases where agreements may not have been reached as to specific facilities and areas, or alternative facilities completed, within 90 days after the coming into effect of the treaty of peace. It would be much appreciated, therefore, if Japan would grant the continued use of such particular facilities or areas by US armed forces pending agreement by the two govts through the Joint Committee.
“Accept, Excellency, the assurances etc.”
Draft text Japanese note to US now follows:
“Excellency:
“I have the honor to acknowledge the receipt of Your Excellency’s note of today’s date in which Your Excellency has informed me as follows: (Here would be inserted body of US note as was done in UN forces exchange of notes.)
“The Japanese Govt fully shares the desire of the US Govt to initiate consultations on an urgent basis in order to complete arrangements for facilities and areas at the earliest possible date and before the expiration of 90 days following the effective date of the treaty of peace with Japan. The Japanese Govt agrees, therefore, to the immediate constitution of the preliminary working group referred to in Your Excellency’s note, with the understanding that the task of the preliminary working group would be taken over by the Joint Committee upon the effective date of the administrative agreement.
“With full cognizance of the contents of Your Excellency’s note, I have the honor, on behalf of the Japanese Govt, to confirm that, in those exceptional cases where agreements have not been reached as to specific facilities and areas, or alternative facilities completed, within 90 days after the coming into effect of this agreement, Japan will grant the continued use of such particular facilities or areas by US armed forces pending agreement by the two govts through the Joint Committee.
“Accept, Excellency, the assurances etc.”