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

611.94/2–2052: Telegram

No. 525
The Secretary of State to the United States Political Adviser to SCAP (Sebald)

secret
niact

Washington, February 20, 1952—7:42 p.m.

Topad 2272. For Rusk. State Dept distribution only. Fol is text of JCS memo to Sec Def concerning Art II:¹

• 1. JCS have reviewed cable Nrs 22² and 23³ from Amb Rusk and cable Nr DA IN 105674⁴ from Asst Sec of Army Johnson, which were forwarded by ur recent undated memo, all concerning status of negots on Art II of Draft Administrative Agreement between USA and Jap. JCS have also considered cable Nr 27⁵ from Amb Rusk concerning same subj.
• “2. JCS consider it essential that agreement be reached at this time between Govts of US and Jap, which will legally provide to US specific rights for retention during post-treaty period of facilities and areas essential to armed forces of US in order for it to carry out its obligations with respect to defense of Jap and operations in Korea.
• “3. JCS note that particular aspect of matter of facilities and areas covered in Art II of Draft Administrative Agreement, which is in dispute, is temporary in nature in that use of such facilities and areas is subj to adjustment as other agreed upon arrangements can be made effective. Accordingly, and without prejudice to JCS position with regard to other Art in Draft Administrative Agreement, JCS wld not object to an exchange of notes in lieu of specific provisions in Art II of Agreement provided this method equally insures that obligation binds Govt of Jap throughout the period of adjustment.
• “4. JCS, therefore, have no recommendation with respect to specific changes in language in either Draft Administrative Agreement or in suggested exchange of notes, but must insist that substance of requirements of para 2 above be met in whatever form such agreement is achieved. In this connection, JCS feel that draft exchange of notes proposed by Amb Rusk in his Nr 23, as modified by his Nr 27, and revisions of para 1 of Art II of Draft Administrative Agreement also proposed in those cables, fail to meet US requirements for use of facilities and areas by US forces until other arrangements can be made effective.
• “5. JCS do not object to changes recommended by Amb Rusk in his Nr 23 which deal with paras 2 and 4 of Art II of Draft Administrative Agreement.”⁶

Webb

1. This memorandum is dated Feb. 19. (Department of Defense files)
2. Telegram 1689 from Tokyo, Document 513.
3. Telegram 1690 from Tokyo, Document 514.
4. Reference to Army Message CX 63651 from Tokyo, Document 515.
5. Telegram 1707 from Tokyo, Document 517.

6. Telegram 2271 to Tokyo, also sent the evening of Feb. 20, (drafted and approved for transmission by McClurkin), reads in part:

   “Suggested language for exchange notes re facilities and areas to conform JCS position being prepared within Def but no desire here to restrict ur negotiating flexibility by precise language. No objection to ur preparing draft along lines conforming JCS position but will be nec have final review here of any language tentatively agreed with Japs.” (611.94/2–2052)