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

51. Telegram From the Embassy in Japan to the Department of State⁰

Tokyo, April 29, 1959, 10 p.m.

2238. Secnog 6. CINCPAC exclusive for POLAD and Admiral Felt. COMUS Japan exclusive for General Burns. Following is Japanese proposed exchange of notes on interpretive understandings. Japanese would initiate exchange and we would acknowledge, confirming their understanding; begin verbatim text.

I have the honor to refer to the agreement regarding facilities and areas and the status of United States Armed Forces in Japan, signed today.

With respect to Articles I, XI and XII of that agreement, I wish to confirm the following understanding of my government.

1. Re Article 1(a):

Members of the United States Armed Forces being required by Article IX paragraph 3(b) to carry travel orders when entering into Japan, it is understood that those personnel on active duty belonging to the United States Armed Forces, whose entry into Japan is not under travel order, shall not be treated as “members of the United States Armed Forces” for the purpose of this agreement.

2. Re Article XI:

(1) Re paragraph (2):

The United States Government undertakes to ensure that the quantity of goods imported under paragraph 2 of this article for the use of the members of the United States Armed Forces and of the civilian component, and their dependents shall be limited to the extent reasonably required for such use, and to take all necessary measures to this end.

(2) Re paragraph 3(c):

The United States Armed Forces will take every possible measure to ensure that the duty-free importation of clothing and household goods as provided for in paragraph 3(c) shall not exceed reasonable quantities.

(3) Re paragraph 5:

The United States Armed Forces will take every possible measure to ensure that goods will not be imported into Japan in violation of Japanese customs laws and regulations. They will promptly notify the Japanese customs authorities whenever violations are discovered.

3. Re Article XII, paragraph 1:

The United States Armed Forces undertake to furnish the Japanese authorities with appropriate information, as far in advance as possible, on their procurement programs in Japan.

I would appreciate Your Excellency’s confirmation that the foregoing is also the understanding [of] your government.

Accept, Excellency, etc. End verbatim text.

Reasons for proposed interpretive understandings:

1. Article I (a):

Although Article IX paragraph 3 (b) specifies that members of United States Armed Forces shall be in possession of travel orders upon entry into Japan, Article I (a) appears to define members of United States Armed Forces, by implication, as all personnel on active duty. Japanese desire to clear up this discrepancy by having it understood that members who do not possess travel orders (which might include leave orders) would not be entitled to privileges of Administrative Agreement. However, in order not unduly to disturb language of the agreement they propose interpretive understanding in exchange of notes. Its effect would be to make clear that privileges of Administrative Agreement do not extend to any member of US Armed Forces who enters Japan without travel orders of some kind.

2. Article X paragraph 2:

Provisions for custom-free entry of materials, supplies and equipment give rise to public and parliamentary criticism on ground that they might be abused and because so many American commodities sold in the PX show up on black market and are often sold quite openly. GOJ has no intention to ask for modification in language of paragraph.

It believes, however, that without change of substance assurance could be given, in form of interpretive understanding, that duty-free imports will be held to reasonable quantities. This would be very helpful in terms of public and parliamentary opinion.

3. Article 68 [XI] paragraph 3 (c):

Provisions for custom-free entry of goods mailed through Military Post Offices are heavy political liability to GOJ, which it is not however asking to remove. It believes that without change of substance assurance could be given that such duty-free imports will be held to reasonable quantities.

In addition to understanding in exchange of notes, GOJ will appreciate information on how US Armed Forces could implement such understanding and how such matters are handled in other Allied countries. (They showed us text of what they said was US agreement with Greece¹ specifying that: Recipients required to open packages when requested in presence of security officials; special note made of persons receiving large number of parcels; recipients obliged submit to competent US authorities list of “controlled items” they have imported.) Fujiyama said that perhaps our present regulations in Japan were similar and were effective. If so and if we would let him have copy it would be extremely helpful in explaining to Diet and public opinion that US has effective measures in operation.

4. Article XI paragraph 5.

Exemption from Customs examination of units and members of US Armed Forces has given rise to some suspicion that it might be used to bring in goods whose importation is illegal in Japan (for instance, drugs or plants). Separate understanding on paragraph 5 would permit GOJ to assure questioners in Diet that matter had been discussed with US and measures would be taken, or reinforced, to prevent any such illegal importations.

5. Article XII paragraph 1.

In practice, US forces in Japan notify GOJ of any important changes in their procurement program, such as prospective major lay-offs of labor or important new requirements for goods or services. Such advance information, as provided at present, is helpful to GOJ in avoiding possible shocks to Japanese economy. Ability of GOJ to point to specific understanding along these lines would also help GOJ in answering opposition claims that all procurement should be through GOJ. GOJ is of course not asking for any change in present system of direct procurement.

MacArthur

0. Source: Department of State, Central Files, 794.5/4–2959. Confidential; Limit Distribution. Transmitted in two sections and repeated to CINCPAC and COMUS/Japan.
1. Apparently a reference to an understanding relating to an agreement concerning military facilities signed by the United States and Greece at Athens October 12, 1953, and entered into force the same date. For text, see 4 UST (pt. 2) 2189.