694.001/2–1051
The Consultant to the Secretary (Dulles) to the Secretary of State
secret
Tokyo, February 10,
1951.
Dear Dean: I enclose herewith an original
Memorandum of February 9, 1951, signed by John Allison and Iguchi,
identifying and explaining the status of five annexed drafts dealing
with the peace settlement.
I likewise enclose the original of a letter to me from Prime Minister
Yoshida dated February 7, 1951, together with a copy of my reply to
him, dealing with fisheries.1
I believe that the drafts annexed to the Memorandum of February 9,
1951, go as far as permitted under our Terms of Reference in
ascertaining that the Japanese Government will be presumably
prepared to make a peace settlement conforming fully to the
conditions established by the Terms of Reference to our Mission.
I am asking Assistant Secretary Johnson, who is leaving tonight
direct for Washington, to bring these documents to you and I shall
report fully to the President and yourself upon my return after my
visits to the Philippines, Australia and New Zealand. In accordance
without our present schedule, we should be back about February
23rd.
I might add that we have had throughout the most cordial relations
with General MacArthur and that there has been complete harmony
within our Mission and, I think, general satisfaction with the
results achieved.
Sincerely yours,
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[Enclosure]
Memorandum
Annexed hereto are five drafts serially numbered I, II, III, IV
and V, each of which has been initialed by Mr. John M. Allison
of the U.S. Mission and Mr. Sadao Iguchi of the Japanese Foreign
Office for the purpose of identifying these drafts as being
those which have been the subject of discussions between Mr.
John Foster Dulles and his associates, and Mr. Shigeru Yoshida
and his associates.
It is understood that neither these discussions, nor the
initialing for identification of the annexed drafts, involves
any commitment by the United States or Japanese Governments but
that the exchanges of views to which these drafts relate
represent merely one stage in the process of seeking a peace
settlement. The present views of the United States are subject
to further consideration by it, and subject to further
consultation with other interested governments.
John M. Allison
S[adao] Iguchi
Tokyo,
February 9,
1951.
[Annex] I
[Here follows text of the Provisional Memorandum dated February 8
and initialed by Messrs. Iguchi and Allison on the 9th. Only two
changes were made from the draft of February 3, page 849. In the
paragraph headed “Sovereignty”, the phrase “and their elected
representatives” was omitted. The following sentence was dropped
from the paragraph on “Security”: “Assistance given at the
express request of the Japanese Government to put down
large-scale internal riots and disturbances in Japan would not
be deemed intervention in the internal affairs of Japan.” Both
“annexes” to the February 3 draft were retained unchanged with
the February 8 draft.]
[Annex] II
[Here follows text of the Agreement between the United States of
America and Japan for Collective Self-defense initialed February
9 by Messrs. Iguchi and Allison. In it only two changes were
made from the draft of February 5, page 856. The second sentence
of the Preamble now read: “On the coming into force of that
Treaty, Japan will not have the means to exercise her inherent
right of self-defense because she has been disarmed.” The
altered last sentence of numbered paragraph (1) was as follows:
“Assistance given at the express request of the Japanese
Government to put down large-scale internal riots and
disturbances in Japan caused through instigation or intervention
[Page 876]
by an outside
Power or Powers would not be deemed intervention in the internal
affairs of Japan.”]
[Annex] III
Addendum to Agreement Between the United
States of America and Japan for Collective Self-Defense Made
Pursuant to the Treaty of Peace Between Japan and the Allied
Powers and the Provisions of Article 51 of the Charter of the United Nations
In a resolution adopted at the 438th meeting of the First
Committee on 30 January 1951, the United Nations:
“Calls upon all States and authorities
to continue to lend every assistance to the United Nations
action in Korea;
“Calls upon all States and authorities
to refrain from giving any assistance to the aggressors in
Korea.”
Accordingly, should forces of the United Nations still be
conducting operations in Korea at the time this treaty goes into
effect, Japan will permit the United Nations to continue to
support United Nations forces in Korea through Japan in the same
manner, and under the same financial arrangements, after the
treaty goes into effect as before. Such use of Japanese
facilities and services will be at the expense of the United
Nations with the exception of those facilities and areas
provided to the United States under the Administrative Agreement
implementing this treaty.
(Note: The assistance now being rendered
by Japan to the United Nations’ effort in Korea consists in
general of all forms of supplies and equipment and all forms of
services, including but not limited to, repair of motor
vehicles, weapons and equipment, ship charters, stevedoring,
rail transportation, lease of telephone and cable lines and
common labor. All of the above goods and services, amounting in
value to approximately $200,000,000 over the past seven months,
have been furnished at United Nations expense.)
[Annex] IV
Administrative Agreement Between the United
States of America and Japan To Implement the Provisions of
the Agreement They Have Entered Into for Collective
Defense
In accordance with the provisions of Paragraph 3 of the Agreement
for Collective Defense the following administrative arrangements
are agreed to by the governments of the United States of America
and Japan:
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chapter i
Status of Garrison Troops
(1) The United States forces stationed in Japan shall enjoy the
privileges and immunities which are normally accorded under
international law to the forces of a nation stationed in a
foreign country in peace time.
(2) United States forces shall customarily be garrisoned at
installations under the control of the allied occupation forces
at the termination of the occupation, and all such facilities or
areas required by them shall remain under the control of the
United States forces. The facilities and areas to be retained by
the United States forces are specified in Annex A.
(3) Further assistance, including the use of additional land
areas, installations or other facilities, as may be required in
the absence of hostilities or imminently threatened hostilities
by the security forces for garrison purposes, shall be provided
by Japan as mutually agreed between the United States and
Japanese Governments. Such assistance shall include the use of
coastal areas of appropriate size and location for military
exercises, for additional staging areas, bombing and gunnery
ranges, and for such intermediate airfields as may be required
for safe and efficient air operations. Operations in such areas
shall be carried on with due regard and safeguards for the
public safety.
(4) Japanese real and personal property utilized from time to
time by United States forces shall, when no longer required, be
returned to the Japanese government in good condition, subject
to normal depreciation or ordinary wear and tear. Except for
losses arising directly from hostilities, the United States
government shall pay just and reasonable compensation, when
accepted by claimants in full satisfaction and in final
settlement, for claims, including claims of insured but
excluding claims of subrogees, on account of damage to or loss
or destruction of private property, both real and personal, or
personal injury or loss of life or limb to any Japanese citizen
when such damage, loss, destruction or injury occurs during the
period of this agreement and is caused by the armed forces of
the United States, or individual members thereof, including
military or civilian employees thereof, or otherwise incident to
non-combat activities of such forces; provided that no claim
shall be considered unless presented within one year after the
occurrence of the accident or incident out of which such claim
arises. A representative of the Japanese government will be
invited to take part in any investigation made to determine the
justice of any claim introduced by a Japanese citizen and to
determine the amount of compensation to be recommended for
payment.
[Page 878]
(5) It is mutually agreed that the United States shall have the
rights, power and authority within installations or areas as are
necessary for the establishment, use, operation and defense
thereof, or appropriate for the control thereof, and all the
rights, power and authority within the limits of territorial
waters and air space adjacent to, or in the vicinity of,
installations or areas which are necessary to provide access to
them, or appropriate for their control.
[Here follow provisions which are identical to those forming all
but the first paragraph under the heading “Further Description
of Rights” in the draft bilateral security treaty of October 27,
1950, printed in
Foreign Relations, 1950, volume VI,
page 1336, and the maritime clauses, identical to
those under the heading “Shipping and Navigation” in the draft
of a revised undated security “Agreement”, page 847.]
(9) The United States shall have exclusive control over all
installations and areas in Japan utilized by United States
security forces, and exclusive jurisdiction over the military
and civilian personnel of the government of the United States
and their families within the said installations and areas, as
well as over all other persons within such installations and
areas except Japanese citizens. The government of the United
States shall retain the right, however, to turn over to the
Japanese authorities for trial and punishment any person, other
than a citizen of the United States, committing an offense in
such installations and areas. The Japanese authorities shall
turn over to the United States authorities for trial and
punishment any of the United States military or civilian
personnel and their families who may commit offenses outside of
such areas. The Japanese authorities and the United States
authorities shall undertake adequate measures to insure the
prosecution and punishment of all such offenders, it being
understood that relevant evidence shall be furnished
reciprocally to the two authorities.
[Here follow paragraphs similar in substance to the sections
headed “Exemptions in Favor of Security Personnel and Incoming
Goods”, “Postal Facilities”, “Sales and Services”, and “United
States Reserve Organizations” in the draft bilateral security
treaty of October 27, 1950.]
chapter ii
Expenses
(1) Expenses of the United States forces stationed in Japan shall
be borne by the United States, excepting such expenses
concerning places, facilities or services as may be borne by
Japan. The facilities and services to be furnished by Japan at
her expense are set forth in detail in Annex B.2
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chapter iii
Committee
(1) In order to facilitate agreement on matters concerning sites,
facilities, expenses and status of garrison troops, there shall
be established a committee to be composed of equal number of
representatives of the two countries. This committee shall come
into being upon the date this administrative agreement becomes
effective. The committee shall be so organized that it may meet
immediately at all times. The committee may establish such
auxiliary organs as may be required.
chapter iv
Collective Defense Measures
(1) In the event of hostilities or imminently threatened
hostilities in the Japan area, all United States forces in the
Japan area, the National Police Reserve, and all other Japanese
organizations having military potential, shall be placed under
the unified command of a Supreme Commander designated by the
United States government after consultation with the Japanese
Government.
(2) In the event of hostilities or imminently threatened
hostilities, the Supreme Commander of all forces in Japan,
designated in accordance with par (1) above shall have the
authority to use such areas, installations and facilities in the
Japan area and to make such strategic and tactical disposition
of military forces as he may deem necessary. In taking such
actions, the Supreme Commander shall consult with appropriate
representatives of the Japanese government.
(3) In locating the aforesaid areas for strategic and tactical
disposition, the fullest consideration consistent with military
necessity shall be given to the welfare, health and economic
needs of the local population.
[Annex] V
Addendum to Administrative Agreement
Between the United States of America and Japan To Implement
the Provisions of the Agreement They Have Entered Into for
Collective Defense
Chapter II entitled “Expenses” of the Administrative Agreement
states that the facilities and services to be furnished to the
United States forces by Japan at her expense are set forth in
detail in Annex B.
It is understood that the facilities and services to be furnished
by Japan at her expense will be, in general, the same that are
furnished by other sovereign powers in whose territory the
United States stations armed forces. Since there is not complete
uniformity in all countries as to what facilities and services
are furnished, because conditions differ, it is understood that
the facilities and services that will be furnished by Japan will
be similar to those furnished by Great
[Page 880]
Britain to the United States Air Forces
expanded to cover appropriate requirements of the Army and Navy.
Under this understanding Japan would furnish:
Real estate rental for all real estate utilized by the United
States forces (to be listed in Annex A).3
Free use of facilities jointly used (such as airfields and port
facilities not listed in Annex A).
Free rail, truck and bus transportation of freight and of
personnel travelling on official business.
Should any major change occur in the general type of assistance
furnished in other sovereign countries prior to the signing of
the Administrative Agreement, the United States representatives
will propose appropriate changes in Annex B.
