Foreign Relations of the United States, 1958–1960, Japan; Korea, Volume XVIII

27. Memorandum From the Assistant Secretary of State for Far Eastern Affairs (Robertson) to Secretary of State Dulles⁰

Washington, September 12, 1958.

SUBJECT

• Circular 175:¹ Request for Authorization to Enter into Negotiations for new “Treaty of Mutual Cooperation and Security between Japan and the United States”

Pursuant to your discussions with the Japanese Foreign Minister on September 11 regarding the conclusion of a new mutual security treaty between the United States and Japan, it is recommended that Ambassador MacArthur be authorized to enter into negotiations with the Japanese Government on the following basis:

1. As soon as we have completed necessary Senate consultation, introduce and seek Japanese agreement on the draft text of the new mutual security treaty which has been prepared (Tab A).²

2. At an appropriate point, introduce and seek agreement to a formula (Tab B) to meet Japanese requests with regard to consultation on the use and equipment of United States forces in Japan.

3. Make clear to Prime Minister Kishi that the exchange of notes between Secretary Acheson and Prime Minister Yoshida of September 8, 1951 (by which Japan agreed to permit and facilitate the support in and about Japan of United Nations forces engaged in any United Nations action in the Far East) will not be affected by the new security treaty. (Tab C)

It will be noted that under Article IX of the draft text of the new agreement (Tab A) it is envisaged that the present Administrative Agreement under Article III of the Security Treaty will continue in force except insofar as it may be subsequently modified.

Recommendation:³

That you authorize Ambassador MacArthur to enter into negotiations with the Japanese Government along the lines outlined above.

Tab A⁴

DRAFT TREATY OF MUTUAL COOPERATION AND SECURITY BETWEEN JAPAN AND THE UNITED STATES

Preamble

Japan and the United States of America,

Desiring to strengthen the bonds of peace and friendship traditionally existing between them, and uphold the principles of democracy, individual liberty, and the rule of law, Desiring further to encourage closer economic cooperation between them and to promote conditions of stability and economic well being in their countries and in the Pacific area,

Reaffirming their faith in the purposes and principles of the Charter of the United Nations, and their desire to live in peace with all peoples and all governments,

Recognizing their inherent right of individual or collective self defense as affirmed in the Charter of the United Nations,

Having resolved to conclude a treaty of mutual cooperation and security,

Therefore agree as follows:

Article I

The Parties undertake, as set forth in the Charter of the United Nations, to settle any international disputes in which they may be involved by peaceful means in such a manner that international peace and security and justice are not endangered and to refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state or in any other manner inconsistent with the purposes of the United Nations.

Article II

The Parties will contribute toward the further development of peaceful and friendly international relations by strengthening their free institutions, by bringing about a better understanding of the principles upon which these institutions are founded, and by promoting conditions of stability and well being. They will seek to eliminate conflict in their international economic policies and will encourage economic collaboration between them, including economic cooperation with other friendly and like-minded countries in the Pacific area.

Article III

In order more effectively to achieve the objectives of this Treaty, the Parties, separately and jointly, by means of continuous and effective self-help and mutual aid will maintain and develop their individual and collective capacity to resist armed attack and to prevent and counter subversive activities directed from without against their territorial integrity and political stability.

Article IV

The Parties will consult together regarding the implementation of this Treaty and whenever in the opinion of either of them the territorial integrity, political independence, or security of either of them is threatened in the Pacific.

Article V

Each Party recognizes that an armed attack in the Pacific directed against the territories or areas under the administrative control of the other Party would be dangerous to its own peace and safety and declares that it would act to meet the common danger in accordance with its constitutional processes. Any such armed attack and all measures taken as a result thereof shall be immediately reported to the Security Council of the United Nations. Such measures shall be terminated when the Security Council has taken the measures necessary to restore and maintain international peace and security.

Article VI

The conditions under which the United States land, air, and naval forces may be stationed in and about the territories or areas under the administrative control of Japan will be determined by the Administrative Agreement.

Article VII

This Treaty does not affect and shall not be interpreted as affecting in any way the rights and obligations of the Parties under the Charter of the United Nations or the responsibility of the United Nations for the maintenance of international peace and security.

Article VIII

This Treaty shall be ratified by the United States of America and Japan in accordance with their respective constitutional processes and will enter into force when the instruments of ratification thereof have been exchanged by them in Tokyo.

Article IX

The Security Treaty between Japan and the United States shall expire upon the entering into force of this Treaty. However, the Administrative Agreement between the United States of America and Japan signed at Tokyo on February 28, 1952 under Article III of the Security Treaty shall continue in force.

Article X

This Treaty shall remain in force indefinitely. However, after the Treaty has been in force for 10 years either Party may terminate it one year after notice has been given to the other Party.

Tab B⁵

	United Kingdom
Joint Communiqué by President Truman and Prime Minister Churchill January 9, 1952	Pertinent Language of Agreement “Under arrangements made for the common defense, the United States has the use of certain bases in the United Kingdom. We reaffirm the understanding that the use of these bases in an emergency would be a matter for joint decision by His Majesty’s Government and the United States Government in the light of the circumstances prevailing at the time.”

Proposed Formula to Deal With Japanese Request

Under arrangements made for the common defense, the United States has the use of certain bases in Japan. The deployment of United States forces and their equipment into bases in Japan and the operational use of these bases in an emergency would be a matter for joint consultation by the Japanese Government and the United States Government in the light of circumstances prevailing at the time.

0. Source: Department of State, Conference Files: Lot 64 D 559, CF 1584. Secret. Drafted by Pfeiffer; cleared with G, W/MSC, C, L, H, S/P, and with Ambassador MacArthur and Assistant Secretary of Defense Sprague.
1. Department Circular No. 175, December 13, 1955, outlined procedures for the exercise of the treaty-making and executive agreement-making process of the United States. (Department of State Library)
2. No attachments were found with this memorandum. Tabs A and B were attached to another copy of this memorandum. Tab C, Peace Treaty with Japan, September 8, 1951, is in 3 UST (pt. 3) 3169.
3. Approved by Dulles on September 29.
4. Source: Department of State, FE Files: Lot 60 D 90, Japan. Secret.
5. Source: Department of State, FE Files: Lot 60 D 90, Japan. Confidential.