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

611.94/8–1253

No. 676
Memorandum by the Deputy Assistant Secretary of State for Far Eastern Affairs (Johnson) to the Under Secretary of State

confidential

[Washington,] August 14, 1953.

Subject:

• Request for authorization to negotiate an agreement with Japan on criminal jurisdiction over United States forces.

Discussion:

In a telegram of August 12 (Tab A)¹ Ambassador Allison has reported that he hopes to be ready on August 17 to proceed with the negotiation of an agreement with Japan revising criminal jurisdiction arrangements for United States forces in Japan. The agreement would be an executive agreement, in the form of a protocol to the Administrative Agreement between the United States and Japan. It would substitute a new article for the existing article on criminal jurisdiction.

The purpose of the negotiation is to carry out an obligation which the United States assumed under the Administrative Agreement. The obligation is to conclude an agreement with Japan on criminal jurisdiction similar to the corresponding provisions of the NATO Status of Forces Agreement immediately upon the coming into force of the NATO agreement. The NATO agreement will come into force on August 23, 1953. Excerpts from the record of Senate consideration of the NATO agreement show that members of the Senate recognized that ratification of the NATO agreement would oblige the United States to revise criminal jurisdiction arrangements for its forces in Japan (Tab B).²

One of the provisions of the NATO agreement is that a sending or receiving state may waive its primary right to exercise jurisdiction in particular cases either on its own initiative or in response to a request for waiver by the other state. We are requesting our Ambassador to work out as authoritative and extensive an arrangement for the waiver of jurisdiction by Japan as is possible without bearing unfavorably on United States–Japanese relations. Attached as Tab C is a copy of the instruction to our Embassy in Tokyo on the terms to be proposed to the Japanese.³ The instruction is a joint State–Defense instruction.

Recommendation:

It is recommended that you approve the negotiation of an agreement with Japan on criminal jurisdiction similar to the corresponding provisions of the NATO agreement.⁴

1. Telegram 391 from Tokyo, not printed. (611.94/8–1253)
2. Excerpts not printed.
3. Draft instruction not printed.
4. The Under Secretary’s initials appear next to the typed word “Approve” in the margin.