Tokyo Post Files: 320.1 BST
Memorandum by the Legal Attaché to the Mission in
Japan (Bassin) to the United States
Political Adviser to SCAP
(Sebald)
confidential
[Tokyo,] December 10, 1951.
Subject: Digest of Japanese Foreign Office Views on
the US Security Forces
1. Japanese Government Foreign Office has submitted the following
three sets of documents setting forth its views on the status of US
Security Forces:
-
a.
- Yoshida’s letter to Ambassador Sebald, dated Oct 7,
1951,1 in which the
Prime Minister requests the removal of GHQ from the center of Tokyo,
and the release of specified port facilities, warehouses,
and business, residential, hospital, school, recreation and
hotel buildings, all presently under requisition.
-
b.
- A Foreign Office note, dated Nov 26, 1951,2 requesting restricted use of land
and sea maneuver areas for the Security Forces.
-
c.
- A Japanese draft of the agreement defining the legal
status of the US Security Forces in Japan.2
2. The Foreign Office suggests acceptance of its views because it
will:
-
a.
- Form a permanent basis for US-Japanese friendship.
-
b.
- Achieve Security Pact objectives.
-
c.
- Satisfy Japanese expectations.
-
d.
- Assist in “internal politics”.
3. A digest of the three Japanese documents is attached.3
[Attachment 2]
Subject: Brief—Foreign Office Note re “Legal
Status of Garrison Troops”.
1. The Japanese Government Foreign Office note of 26 Nov 51 sets
forth general observations on the implementation of Art III of
the Security Pact, providing for the disposition of US forces in
Japan.
2. During Diet deliberations the following questions and answers
were exchanged:
[Page 1423]
Q: Would US have extraterritorial rights
in Japan?
A: Since Security Pact does not provide
for “bases” in Japan, the US will have such privileges and
immunities customarily given to forces stationed in foreign
countries.
Q: Does the government agree that the
privileges and immunities be limited to the Armed Forces and to
their acts in line of duty?
A: This is a conclusion that could very
well be reached by the two governments.
Q: Is Art III of the Security Pact a
“blank-check” provision?
A: If the administrative agreement
affects the rights and duties of the Japanese, then such
agreement will be concluded on condition that the Diet take any
necessary legislative measures.
3. It is “vitally important” to respect the Japanese national
sentiment against extraterritoriality in the provisions relating
to judicial jurisdiction.
4. The Japanese Government considers it “most advisable” to
follow the NATO pattern, since
there is no fundamental difference between the status of troops
stationed in Japan and those in the NATO States. The fact that Japan has no troops does
not affect the principles concerning the stationing of troops in
foreign countries for mutual security.
5. The Japanese Government in answering critics and opponents to
the Security Pact based its replies on the principles embodied
in the NATO agreement.
Therefore, from the Japanese internal political view point, it
would be “most desirable” if the NATO agreement were adopted as the formula in
Japan.
6. The Japanese Government submits a draft agreement for the
“legal status” of the security forces. This agreement based on
the NATO formula includes the
ratification clause because the “legal status” of the US forces
may be considered outside the scope of the conditions governing
the disposition of US forces in Japan, as provided for in Art
III of the Security Pact. Such matters as areas, facilities,
expenses and the joint committee are not included in the draft
agreement but may be provided for in the administrative
agreement.
7. The provision for joint cooperative emergency measures is not
included because the Security Treaty was concluded to provide
for just such emergency and, therefore, is unnecessary in the
administrative agreement.
8. A digest of the Japanese draft agreement is attached.
[Page 1424]
[Subattachment]
Digest—Japanese Draft Agreement re Legal
Status of US Forces in Japan
article i
Definitions.
article ii
Respect for Japanese Law. Armed Forces
personnel shall respect Japanese laws and abstain from political
activity.
article iii
Immigration. Armed Forces personnel are
exempt from immigration and alien registration regulations, and
shall carry identity cards with them. The US shall advise Japan
when Armed Forces personnel leave the service to remain in
Japan.
article iv
Driver’s Licenses. Japan shall recognize
US driving licenses issued to Armed Forces personnel.
article v
Service Vehicles. Service vehicles shall
bear a distinctive mark.
article vi
Weapons. Armed Forces personnel may carry
weapons if under orders.
article vii
Criminal Jurisdiction. 1. US has the
right to exercise criminal jurisdiction in Japan over all
persons subject to US military law. Japan has jurisdiction over
Armed Forces personnel for offenses committed in Japan.
2. US has exclusive jurisdiction over persons subject to military
law for offenses punishable by the US but not by Japanese law.
Japan has exclusive jurisdiction over Armed Forces personnel for
offenses punishable by Japanese law but not by US law.
3. Where concurrent jurisdiction exists, US has primary
jurisdiction over Armed Forces personnel for offenses against US
property, security, or US personnel and, for offenses committed
in line of duty. In all other cases Japan has primary
jurisdiction. If primary jurisdiction is not exercised, the
other Party shall be notified. The Party with primary
jurisdiction shall sympathetically consider a request for a
waiver. Japan and US shall assist each other in arresting Armed
Forces personnel in Japan. Japan shall notify the US of the
arrest of
[Page 1425]
any Armed
Forces personnel. Armed Forces personnel in US custody but
subject to Japanese jurisdiction shall remain in US custody
until charged by Japan.
4. Japan and US shall assist each other in investigation of
crimes and collection of evidence, and shall notify each other
as to disposition of all cases where there is concurrent
jurisdiction.
5. The rules against double jeopardy shall apply. However, the US
may retry Armed Forces personnel even though tried by the
Japanese.
6. Armed Forces personnel prosecuted by Japan shall be entitled
to basic rights accorded accused in criminal cases, such as
speedy trial, right to cross-examine, counsel of his choice,
interpreters, etc.
7. Armed Forces may police the areas they occupy. Elsewhere,
military police shall be used subject to arrangements with
Japanese to maintain order among Armed Forces personnel.
article viii
Jurisdiction Over Japanese; Protection of US
Property. US shall not exercise jurisdiction over
nationals or residents in Japan. Japan shall enact necessary
legislation to protect US property, and to punish Japanese
nationals or residents who contravene such laws.
article ix
Claims and Civil Jurisdiction. 1. Except
for losses due to hostilities, the US shall pay just
compensation for damage to Japanese persons or property caused
by Armed Forces personnel, if the claim is presented within one
year. A Japanese Government representative shall take part in
the investigation of claims to determine the amount of
compensation if any to be recommended for payment. Japanese
courts shall have civil jurisdiction over all Armed Forces
personnel for torts.
2. Armed Forces personnel are not immune from Japanese civil
jurisdiction; however, such personnel are immune from
enforcement proceedings in matters arising from performance of
official duties.
article x
Logistics. National treatment is given to
Armed Forces personnel for local purchases. Local supplies and
local labor for Armed Forces shall be procured through Japanese
authorities. Japanese laws shall be applicable to conditions of
employment. Local labor personnel shall not be regarded as Armed
Forces personnel. Japan shall give favorable consideration to
Armed Forces personnel concerning transportation needs. This Art
does not give Armed Forces personnel tax exemptions for
purchases and services acquired under Japan’s fiscal
regulations.
[Page 1426]
article xi
Taxes. The period during which, a person
is a member of the Armed Forces shall not be included in
computing any tax liability based on residence or domicile in
Japan. Armed Forces personnel are exempt from Japanese taxes on
salaries, and movable property in Japan because of their
temporary residency. Armed Forces personnel are subject to
taxation if they engage in business in Japan.
article xii
Customs. Except as otherwise provided,
Armed Forces personnel are subject to Japanese custom laws.
Japanese custom authorities may inspect their luggage and
vehicles, and seize contraband. Service vehicles may be imported
and exported free of duty and are exempt from road taxes.
Official documents are not subject to custom inspection. Armed
Forces supplies may be imported free of duty. Personal effects
of Armed Forces personnel may be imported free of duty on
original entry. Armed Forces personnel may import motor vehicles
free of duty but may be subject to road taxes. Except as
otherwise exempted from duties in this Article, other imports
may be subject to duty. Goods imported duty free may be
re-exported freely but shall not be disposed of in Japan by sale
or gift except as authorized by Japanese authorities. Goods
purchased in Japan shall be exported only in accord with
Japanese regulations. Fuel, oil and lubricants for service
vehicles, aircraft and vessels may be imported duty free.
article xiii
Custom Enforcement. Japanese custom
authorities may take necessary measures to prevent abuse of
exemptions. Exemptions may be refused for imports of locally
produced articles which have been exported from Japan without
payment of taxes or duties.
article xiv
Seizure of Property. Japan and US shall
assist each other to prevent custom offenses and shall insure
that articles subject to seizure are given to the Japanese
authorities. The US shall render assistance to insure payment of
taxes and customs due from Armed Forces personnel. Armed Forces
property not belonging to an individual, seized by Japanese
custom authorities, shall be turned over to the Armed
Forces.
article xv
Foreign Exchange. Armed Forces personnel
shall be subject to Japanese and US foreign exchange
regulations.
[Page 1427]
article xvi
Amendments. Japan or US may request
revision of the agreement.
article xvii
Ratification. This agreement shall be
ratified and instruments thereof exchanged at Tokyo. The
effective date is the date of exchange of ratifications.
article xviii
Termination. This agreement terminates
when the Security Treaty terminates.
[Attachment 3]
Subject: Brief—Use by US Forces of Bombing,
Gunnery and Maneuver Areas
1. A Japanese Foreign Office note of 26 Nov 51 points out that
about 1,500,000 Japanese depend on coastal fishing areas for a
livelihood and that denial to such areas would seriously affect
their means of livelihood.
2. The note states that Japanese Government compensation to
Japanese fishermen for losses sustained from 1946–51 amounted to
over 554,000,000 yen and that approximately 651,000,000 yen have
been budgeted for the 51–52 FY.
3. The Japanese Government requests the United States Government
to consider the following with regard to the establishment of
sea maneuver areas:
-
a.
- US compensation for damages to fishing losses;
-
b.
- Maximum limitation of sea areas and avoidance of
coastal areas;
-
c.
- Non-interference with fishing and breeding grounds,
lighthouses and sheltering harbors.
-
d.
- Maneuvers should not coincide with fishing and
breeding season, be as short as possible, and be
conducted at a time that will least affect fishing
operations;
-
e.
- Advise the Japanese Government of any restrictions on
fishing and navigation which may be caused by the sea
exercises. Safety measures should be taken to avoid
injury to fishing boats.
4. Land maneuver areas should be limited as much as possible and
clearly marked. Farms, homes, or other Japanese installations
within a maneuver area, should not be removed except for
military necessity. However, when inhabitants of a land maneuver
area are removed for safety reasons, they should be allowed to
reenter to harvest their crops, etc.
