Foreign Relations of the United States, 1951, Asia and the Pacific, Volume VI, Part 1

Department of Defense Files

Memorandum by the Joint Chiefs of Staff to the Secretary of Defense (Lovett)

secret

[Washington,] November 16, 1954.

Subject: Administrative Agreement between the U.S. and Japan to Implement the Bilateral Treaty for Collective Defense.

1. On 8 August 1951 the Joint Chiefs of Staff furnished you their views¹ on a draft Administrative Agreement² between the United States and Japan to Implement the Provisions of the Agreement They Have Entered into for Collective Defense. This first draft has been revised as a result of:

a. Discussions at the State–Defense level;

b. Revisions suggested by the Services;

c. Suggestions interposed by General Ridgway’s representatives; and

d. Recommendations received from representatives of the Department of the Treasury.

2. The Joint Chiefs of Staff submit herewith their recommended changes to the previous draft Administrative Agreement, including therein these revisions referred to in paragraph 1 above in which they concur (changes indicated in the usual manner).³ However, the Joint Chiefs of Staff would point out that this Administrative Agreement includes many matters which are beyond the purview of the Joint Chiefs of Staff, whose interest concerns primarily command, strategic disposition, and operations of military forces. Hence, although the Joint Chiefs of Staff agree that the Department of Defense and the three Armed Services are properly concerned in all of the matters that are contained in this Administrative Agreement, they feel that the comments of the Joint Chiefs of Staff concerning matters beyond their purview should be treated only as guidance. The primary concern of the Joint Chiefs of Staff in connection with the Administrative Agreement is that the agreement should not restrict the authority of the Commander in Chief, Far East (CINCFE) in carrying out his operational mission and that in case of hostilities or imminent hostilities he be afforded the latitude required to carry out that mission.

3. The majority of the changes in the revised draft have been made in the interests of clarity and completeness. However, it should be noted that:

a. A new paragraph pertaining to the safeguarding of certain United States security interests has been added to the Agreement (paragraph 8, Chapter I, Conditions for Garrison of Troops). This paragraph requires Japan to enact the necessary legislation to ensure the adequate security within its territory of installations, equipment, property, records and official information of the United States, and for the punishment of persons who may contravene laws enacted for that purpose. As far as can be ‘determined, legislation which would apply under those circumstances in the post-occupation period is not now in existence in Japan. It is considered essential that such legislation be enacted in order to provide for the prosecution and punishment of individuals, subject to Japanese jurisdiction, who are apprehended in the commission of acts prejudicial to United States security interests;

b. Chapter II, Expenses, has been extensively revised. It has been found infeasible to describe in detail and to incorporate in an annex, as was previously proposed, the facilities and services to be furnished the United States by Japan—at its expense. Instead, the obligations Japan is to assume in this respect are now set forth in Chapter II in terms acceptable to the Joint Chiefs of Staff; and

c. It is to be noted that the clause “after consultation with the Japanese Government” remains in paragraph 1. Chapter IV, Collective Defense Measures.⁴ In their memorandum to you of 8 August 1951, the Joint Chiefs of Staff recommended a revision of this paragraph in which this statement was deleted. After consideration of all factors bearing on this subject the Joint Chiefs of Staff have now agreed to the retention of this clause in order to avoid the appearance of infringing upon the full sovereignty to be accorded Japan by the Peace Treaty and in the interest of facilitating the negotiation of the Administrative Agreement as a whole.

4. In the light of the substantive matters covered in the Administrative Agreement and the importance of these matters to the security interests of the United States, the Joint Chiefs of Staff strongly recommend that all necessary measures be taken to expedite the negotiation of the Administrative Agreement to the end that it will come into force concurrently with the Japanese Peace Treaty and the bilateral United States–Japan Security Treaty.⁵

For the Joint Chiefs of Staff:

W. G. Lalor

Rear Admiral, U.S. Navy (Ret.)
Secretary

1. See the attachment to the letter from Mr. Lovett to Mr. Acheson dated August 22, p. 1282.
2. See footnote 1 to Mr. Lovett’s letter, p. 1281.
3. An enclosure dated October 22, not printed, is titled “Administrative Agreement to Implement Security Treaty between the United States of America and Japan”, and is subtitled “CINCFE Mission Draft”.
4. Except for the addition of this language at the end of paragraph 1, text of Chapter IV in the enclosure (see footnote 3 above) is the same as that given in footnote 9, p. 1284.
5. With a covering letter dated December 14, 1951, Acting Secretary Foster forwarded this memorandum and its enclosure to Mr. Acheson. Mr. Foster commented:

   “The Joint Chiefs of Staff have pointed out in their memorandum two principles which are basic from the military viewpoint, and with which I concur:

   “(a) The Administrative Agreement should not restrict the authority of the Commander in Chief, Far Bast (CINCFE) in carrying out his operational mission and that in case of hostilities or imminent hostilities he be afforded the latitude required to carry out that mission.

   “(b) All necessary measures be taken to expedite the negotiation of the Administrative Agreement to the end that it will come into force concurrently with the Japanese Peace Treaty and the bilateral United States-Japan Security Treaty.” (Department of Defense Files)