ADMINISTRATIVE AGREEMENT UNDER ARTICLE III OF THE SECURITY TREATY BETWEEN THE UNITED STATES OF AMERICA AND JAPAN
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP58-00453R000100010050-8
Release Decision:
RIFPUB
Original Classification:
K
Document Page Count:
22
Document Creation Date:
December 21, 2016
Document Release Date:
November 16, 2000
Sequence Number:
50
Case Number:
Publication Date:
February 28, 1952
Content Type:
CONT
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CIA-RDP58-00453R000100010050-8.pdf | 1.85 MB |
Body:
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ADMINV ISTkiATIVE AGREEME r,.
.TNDER ARTICLE III OF THE SECURI TREATY,
BETWEEN THE UNITED STATES OF AMERICA AND JAPAN
"O Has Reviewed"
PREAMBLE t
Whereas the United States of America and Japan on Septemper 8, 1951,
signed a Security Treaty which contains provisions for the disposition
of United States land, air and sea forces in and about Japan;_
And whereas Article III of that Treaty states that the conditions
which shall govern the disposition of the armed forces.of the.-United
States in and about Japan shall be determined by administrative agreements
between the two Governments;
And whereas the United States of.America and Japan are desirous.of
concluding practical administrative arrangements which will give effect
to their respective obligations under the Security Treaty and will
strengthen the close bonds of mutual interest and regard between their
two peoples;
Therefore, the Governments of the United States of America and of
Japan have entered into this Agreement in terms as set forth below:
In this Agreement the expression -
(a) "members of the United States armed forces" means the personnel
on active duty belonging to the land, sea or air armed services of the
United States of America when in the territory of Japan.
(b) "civilian component" means the civilian persons of United States
nationality who are in the employ of9 serving with,.or accompanying the
United States armed forces in Japan, but excludes persoWa who. are
ordinarily resident in Japan or who acre mentioned in paragraph 1 of
Article XIV. For the purposes of this Agreement only, dial nationals,
United Stater and Japanese, who are brought to Japan by the United
States shall be considered as. Unii d States nationals. -
(c) "dependents" means
(1) Spouse, and children unde 21;
(2) Parents, and children over 21, if dependent for over half
their support upon a member of the United :States armed
forces or civilian component.
1. Japan agrees to grant to the United States the use of the facilities
and areas necessary to carry out the purposes stated in Article I of the
Security Treaty. Agreements as to specific facilities and areas, not already
reached by.the two Governments by the effective date of this Agreement, shall
be conclA"_ eyd 7 F Peag9vM$f /M5t 115 "bpg -{~6 R~1 }t0 'I~}C tided for
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in Article XXVI of this Agreement. "Facilities and areas" include existing
furnishings, equipment and fixtures necessary to the operation of such
facilities and areas.
2. At the request of either party, the United States and Japan shall
review such arrangements and may agree that such facilities and areas shall
be returned to Japan or that additional facilities and areas may be provided.
3. The facilities and areas used by the United States armed forces
shall be returned to Japan whenever they are no longer needed for purposes
.of this Agreement, and the United States agrees to keep the needs for
facilities and areas.under continual observation with a view toward such
return.
4. (a) When facilities and areas such as target ranges and maneuver
grounds are temporarily not being used by the United States armed forces,
interim use may be made by Japanese authorities and nationals provided that
it is agreed that such use would not be harmful to the purposes for which
the facilities and areas are normally used by the United States armed
forces.
(b) With respect to such facilities and areas as target ranges
and maneuver grounds which are to be used by United States armed forces
for limited periods of time, the Joint Committee shall specify in the
agreements covering such facilities and areas the extent to which the pro-
visions of this Agreement shall apply.
1. The United States shall have the rights, power and authority with-
in the facilities and areas which are necessary or appropriate for their
establishment, use, operation, defense or control. The United States shall
also have such rights, power and authority over land, territorial waters
and airspace adjacent to, or in the vicinities of such facilities and
areas, as are necessary to provide access to such facilities and areas for
their support, defense and control. In the exercise outside the facilities
and areas of the rights, power and authority granted in this Article, there
should be, as the occasion requires, consultation between the two Govern-
ments through the Joint Committee.
2. The United States agrees that the above-mentioned rights, power
and authority will not be exercised in such a manner as to interfere
unnecessarily with navigation, aviation, communication, or land travel
to or from or within the territories of Japan. All questions relating to
frequencies, power and like matters used by apparatus employed by the
United States designed to emit electric radiation shall be settled by
mutual arrangement. As a temporary measure the United States armed forces
shall be entitled to use, without radiation interference from Japanese
sources, electronic devices of such power, design, type of emission, and
frequencies as are reserved for such forces at the time this Agreement
becomes effective.
;3. Operations in the facilities and areas in use by the United
States armed forces shall be carried on with due regard for the public
safety.
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1. The United States is not obliged, when it returns facilities and
areas to Japan on the expiration of this Agreement or at an earlier date,
to restore the facilities and areas to the condition in which they were at
the time they became available to the United States armed._forces, or to
compensate Japan in lieu of such restoration.
2. Japan is not obliged to make any compensation to the United States
for any improvements made in the facilities and areas or for the buildings
or structures left thereon on the expiration of this Agreement or the
earlier return of the facilities and areas.
3. The foregoing provisions shall not apply to any construction which
the United States may undertake under special arrangements with Japan.
1. United States and foreign vessels and aircraft operated by, for,
or under the control of the United States for official purposes shall be
accorded access to any port or airport of Japan free from toll or landing
charges. When cargo or passengers not accorded the exemptions of this
Agreement are carried on such vessels and aircraft, notification shall be
given to the appropriate Japanese authorities, and such cargo or passengers
shall be entered according to the laws and regulations of Japan.
2. The vessels and aircraft. mentioned in paragraph 1, United States
Government-owned vehicles including armor, and members of the United States
armed forces, the civilian component, and their dependents shall be accorded
access to and movement between facilities and areas in use by the United
States armed forces and between such facilities and areas and the ports of
Japan.
3. When the vessels mentioned in paragraph 1 enter Japanese ports,
appropriate notification shall, under normal conditions, be made to the
proper Japanese authorities. Such vessels shall have freedom from compulsory
pilotage, but if a pilot is taken pilotage shall be paid for at appropriate
rates..
1. All civil and military air traffic control. and communications
systems shall be developed in close coordination and shall be integrated
to the extent necessary for fulfillment of collective security interests.
Procedures, and any subsequent changes thereto, necessary to effect this
coordination and integration will be established by mutual arrangement.
2. Lights and other aids to navigation of vessels and aircraft placed
or established in the facilities and areas in use by United States armed
forces and in territorial waters adjacent thereto or in the vicinity there-
of shall conform to the system in use in Japan. The Un1,ted States and
Japanese authorities which have established such navigation aidr, shall
notify each other of their positions and characteristics and shall give
advance notification before making any changes in them or establishing
additional navigation aids.
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The United States armed forces shall have the right to use all public
utilities and services belonging to, or controlled or regulated by the Gov-.
ernment of Japan., and to enjoy priorities in such use, under conditions no
less favorable than those that may be applicable from time to time to the
ministries and agencies of the Government of Japan.
The Japanese Government undertakes to furnish the United States armed
forces with the following meteorological services under present procedures,
subject to such modifications as may from time to time be agreed between the
two Governments or as may result from Japan?s becoming a member of the Inter-
national Civil Aviation Organization or the World Meteorological Organization:
(a) Meteorological observations from land and ocean areas including
observations from weather ships assigned to positions known as "X"
and "T".
(b) Climatological information including periodic summaries and
the historical data of the Central Meteorological Observatory.
(c) Telecommunications service to disseminate meteorological
information required for the safe and regular operation of aircraft.
(d) Seismographic data including forecasts of the estimated size
of tidal waves resulting from earthquakes and areas that might be
affected thereby.
1. The United States shall have the right to bring into Japan for
purposes of this Agreement persons who are members of the United States
armed forces, the civilian component,'and their dependents.
2. Members of the United States armed forces shall be exempt from
Japanese passport and visa laws and regulations. Members of the United
States armed forces, the civilian component, and their dependents shall
be exempt from Japanese laws and regulations on the registration and control
of aliens, but shall not be considered as acquiring any right to permanent
residence or domicile in the territories of Japan.
3. Upon entry into or departure from Japan members of the United States
armed forces shall be in possession of the following documents:
(a) personal identity card showing name, date of birth, rank
and number, service, and photograph; and
(b) individual or collective travel order certifying to the
status of the individual or group as a member or members of the
United States armed forces and to the travel ordered.
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For purposes of their identification while in Japan, members of the. United
States armed forces shall be in possession of the foregoing personal identity
card.
be.. Members of the civilian component, their dependents, and the
dependents of members of the United States armed forces shall be in possession
of appropriate documentation issued by the United States authorities so that
their. status. may be verified by Japanese authorities upon their entry into
or departure from Japan, or while in Japan.
5. If the status of any person brought into Japan under paragraph 1
of this Article is altered so that he would no longer be entitled to such
admission, the United States authorities shall notify the Japanese authorities
and shall, if such person be required by the Japanese authorities to leave
Japan, assure that transportation from Japan will be provided within a
reasonable time at no cost to the Japanese Government.
1. Japan shall accept as valid, without a driving test or fee, the
driving permit or license or military driving permit issued by the United
States to a member of the United States armed forces, the civilian component,
and their dependents.
2. Official vehicles of the United States armed forces and the
civilian component shall carry distinctive numbered plates or individual
-markings which will readily identify them.
3. Privately owned vehicles of members of. the United States armed
forces,. the civilian component, and their dependents shall carry Japanese
.number plates to be acquired under the same conditions as those applicable
to Japanese nationals.
1. Save as provided in this Agreement, members of the United States
armed forces, the civilian component, and their dependents shall be subject
to the laws and regulations administered by the customs authorities of
Japan.
2. All materials, supplies and equipment imported by the United States
armed forces, the authorized procurement agencies of.the United States
armed forces, or by the organizations provided for in Article XV, for the
official use of the United States armed forces or for the use of the members
of the United States armed forces, the civilian component, and their de-
pendents, and materials, supplies and equipment which are to be used ex-
clusively by the United States armed forces or are ultimately to be incor-
porated into articles or facilities used by such forces, shall be permitted
entry into Japan; such entry shall be free from customs duties and other
such charges. Appropriate certification shall be made that such materials,
supplies and equipment are being imported by the United States armed forces,
the authorized procurement agencies of the United States armed forces, or
by the organizations provided for in Article XV, or, in the case of materials,
supplies and equipment to be used exclusively by the United States armed
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forces or ultimately to be incorporated into articles or facilities used by
such forces, that delivery thereof is to be taken by the United States armed
forces for the purposes specified above.
3. Property consigned to and for the personal use of members of the
United States armed forces, the civilian component, and their dependents,
shall be subject to customs duties and other such charges, except that no
duties or charges shall be paid with respect to:
(a) Furniture and household goods for their private use imported
by the members of the United States armed forces or civilian component
when they first arrive to serve in Japan or by their dependents when
they first arrive for reunion with members of such forces or civilian
component, and personal effects for private use brought by the said
persons upon entrance.
(b) Vehicles and parts imported by members of the United States
armed forces or civilian component for the private use of themselves
or their dependents.
(c) Reasonable quantities of clothing and household goods of a
type which would ordinarily be purchased in the United States for
everyday use for the private use of members of the United States
armed forces, civilian component, and their dependents, which are
mailed into Japan through United States military post offices.
. The exemptions granted in paragraphs 2 and 3 shall apply only to
cases of importation of goods and shall not be interpreted as refunding
customs duties and domestic excises collected by the customs authorities
at the time of entry in cases of purchases of goods on which such duties
and excises have already been collected.
5. Customs examination shall not be made in the following cases:
(a) Units and members of the United States armed forces under
orders entering or leaving Japan;
(b) Official documents under official seal;
(c) Mail in United States military postal channels and military
cargo shipped on a United States Government. bill of lading.
6. Except as such disposal may be authorized by the Japanese and United
States authorities in accordance with mutually agreed conditions, goods
imported into Japan free of duty shall not be disposed of in Japan to persons
not entitled to import such goods free of duty.
7. Goods imported into Japan free from customs duties and other such
charges pursuant to paragraphs 2 and 3, may be re-exported free from customs
duties and other such charges.
8. The United States armed forces, in cooperation with Japanese
authorities, shall take such steps as are necessary to prevent abuse of
privileges granted to the United States armed forces, members of such forces,
the civilian component, and their dependents in accordance with this Article.
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9. (a) In order to prevent offenses against laws and regulations
administered by the customs authorities of the Japanese Government, the
Japanese authorities and the United States armed forces shall assist each
other in the conduct of inquiries and the collection of evidence.
(b) The United States armed forces shall render all assistance
within their power to ensure that articles liable to seizure by, or on be-
half of, the customs authorities of the Japanese Government are handed to
those authorities.
(c) The United States armed forces shall render all assistance
within their power to ensure the payment of duties, taxes, and penalties
payable by members of such forces or of the civilian component, or their
dependents.
(d) Vehicles and articles belonging to the United States armed
forces seized by the customs authorities of the Japanese Government in
connection with an.offense against its customs or fiscal laws or regulations
shall be handed over to the appropriate authorities of the force concerned.
ARTICLE XII
1. The United States shall have the right to contract for, any supplies
or construction work to be furnished or undertaken in Japan for purposes of,
or authorized by this Agreement, without restriction as to choice of supplier
or person who does the construction work.
2. Materials, supplies, equipment and services which are required
from local sources for the maintenance of the United States armed forces
and the procurement of which may have an adverse effect on the economy of
Japan shall be procured in coordination with, and,. when desirable, through
or with the assistance of, the competent authorities of Japan.
3. Materials, supplies, equipment and services procured for official
purposes in Japan by the United States armed forces., or by authorized
procurement agencies of the United States armed forces upon appropriate
certification shall be exempt from the following Japanese taxes:
(a) Commodity tax
Travelling tax
Gasoline tax
(d) Electricity and gas tax.
Materials, supplies, equipment and services procured for ultimate use by
the United States armed forces shall be exempt from commodity and gasoline
taxes upon appropriate certification by the United States armed forces.
With respect to any present or future Japanese taxes not specifically re-
ferred to in this Article which might be found to constitute a significant
and readily identifiable part of the gross purchase price of materials,
supplies, equipment and services procured by the United States armed forces,
or for ultimate use by such forces, the two Governments will agree upon a
procedure for granting such exemption or relief therefrom as is consistent
with the purposes of this Article.
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4. Local labor requirements of the United States armed forces or
civilian component shall be satisfied with the assistance of the Japanese
authorities.
5. The obligations for the withholding and payment of income tax
and of social security contributions, and, except as may otherwise be
mutually agreed, the conditions of employment and work, such as those
relating to wages and supplementary payments, the conditions for the pro-
tection of workers, and the rights of workers concerning labor relations
shall be those laid down by the legislation of Japan.
6. Members of the civilian component shall not be subject to
Japanese laws or regulations with respect to terms and conditions of
employment.
7. Neither members of the United States armed forces, civilian com-
ponent, nor their dependents, shall by reason of this Article enjoy any
exemption from taxes or similar charges relating to personal purchases of
goods and services in Japan chargeable under Japanese legislation.
8. Except as such disposal may be authorized by the Japanese and
United States authorities in accordance with mutually agreed conditions,
goods purchased in Japan exempt from the taxes referred to in paragraph 3,
shall not be disposed of in Japan to persons not entitled to purchase such'
goods exempt from such tax.
1. The United States armed forces shall not be subject to taxes or
similar charges on property held, used or transferred by such forces in
Japan.
2. Members of the United States armed forces, the civilian component,
and their dependents shall not be liable to pay any Japanese taxes to the
Japanese Government or to any other taxing agency in Japan on income received
as a result of their service with or employment by the United States armed
forces, or by the organizations provided for in Article XV. The provisions
of this Article do not exempt such persons from payment of Japanese taxes
on income derived from Japanese sources, nor do they exempt United States
citizens who for United States income tax purposes claim Japanese residence
from payment of Japanese taxes on income. Periods during which such persons
are in Japan solely by reason of being members of the United States armed
forces, the civilian component, or their dependents shall not be considered
as periods of residence or domicile in Japan for the purpose of Japanese
taxation.
3. Members of the United States armed forces, the civilian component,
and their dependents shall be exempt from taxation in Japan on the holding,
use, transfer inter se, or transfer by death of movable property, tangible
or intangible, the presence of which in Japan is due solely to the temporary
presence of these persons in Japan, provided that such exemption shall not
apply to property held for the purpose of investment or the conduct of
business in Japan or to any intangible property registered in Japan. There
is no obligation under this Article to grant exemption from taxes payable
in respect of the use of roads by private vehicles.
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1. Persons, including corporations organized under the laws of the
United States, and their employees who are ordinarily resident in the United
States and whose presence in Japan is solely for the purpose of executing
contracts with the United States for the benefit of the United States armed
forces shall, except as provided in this Article, be subject to the laws
,and regulations of Japan.
2. Upon certification by appropriate United States authorities as to
their identity, such persons and their employees shall be accorded the
following benefits of this Agreement.
(a) Rights of accession and movement, as provided for in
Article V, paragraph 2;
(b) Entry into Japan in accordance with the provisions of
Article IX;
(c) The exemption from customs duties, and other such charges
provided for in Article XI, paragraph 3, for members of the United
States armed forces, the civilian component, and their dependents;
(d) If authorized by the United States Government, the right
to use the services of the organizations provided for in Article XV;
(e) Those provided for in Article XIX, paragraph 2, for members
of the armed forces of the United States, the civilian component,
and their dependents;
(f) If authorized by the United States Government, the right
to use military payment certificates, as provided for in Article XX;
(g) The use of postal facilities provided for in-Article XXI;
(h) Exemption from the laws and regulations of Japan with
respect to terms and conditions of employment.
3. Such persons and their employees shall be so described in their
passports 'and their arrival, departure and their residence while in Japan
shall from time to time be notified by the United States armed forces to
the Japanese authorities,
4. Upon certification by an authorized officer of the United States
armed forces depreciable assets except houses, held, used, or transferred,
by such persons and their employees exclusively for the execution of con-
tracts referred to in paragraph 1 shall not be subject to taxes or similar
charges of Japan.
5. Upon certification by an authorized officer of the United States
armed forces, such persons and their employees shall be exempt from taxation
in Japan on the holding, use, transfer by death, or transfer to persons or
agencies entitled to tax exemption under this Agreement, of movable property,
tangible or intangible, the presence of which in Japan is due solely to the
temporary :resence of these persons in Japan, provided that such exemption
shall not apply to property held for the purpose of investment or the conduct
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of other business in Japan or to any intangible property registered in Japan.
There is no obligation under this Article to grant exemption from taxes
payable in respect of the use of roads by private vehicles.
6. The persons and their employees referred to in paragraph 1 shall
not be liable to pay income or corporation taxes to the Japanese Government
or to any other taxing agency in Japan on any income derived under a contract
made in the United States with the United States Government in connection
with the construction, maintenance or operation of any of the facilities
or areas covered by this Agreement. The provisions of this paragraph do
not exempt such persons from payment of income or corporation taxes on
income derived from Japanese sources, nor do they exempt such persons and
their employees who, for United States income tax purposes, claim Japanese
residence, from payment of Japanese taxes on income. Periods during which
such persons are in Japan solely in connection with the execution of a
contract with the United States Government shall not be considered periods
of residence or domicile in Japan for the purposes of such taxation.
7. Japanese authorities shall have the primary right to exercise
jurisdiction over the persons and their employees referred to in paragraph 1
of this Article in relation to offenses committed in Japan and punishable
by the law of Japan. In those cases in which the Japanese authorities
decide not to exercise such jurisdiction they shall notify the military
authorities of the United States as soon as possible. Upon such notification.
the military authorities of the United States shall have the right to
exercise such jurisdiction over the persons referred to as is conferred on
them by the law of the United States.
1. (a) Navy exchanges, post exchanges, messes, social clubs, theaters,
newspapers and other non-appropriated fund organizations authorized and
regulated by the United States military authorities may be established in the
facilities and areas in use by the United States armed forces for the use of
members of such forces, the civilian component, and their dependents..
Except as otherwise provided in this Agreement, such organizations shall not
be subject to Japanese regulations, license, fees, taxes or similar controls.
(b) When a newspaper authorized and regulated by the United States
military authorities is sold to the general public, it shall be subject to
Japanese regulations, license,' fees, taxes or similar controls so far as such
circulation is concerned.
2. No Japanese tax shall be imposed on sales of merchandise and services
by such organizations, except as provided in paragraph 1 (b), but purchases
within Japan of merchandise and supplies by such organizations shall be
subject to Japanese taxes.
;3. Except as such disposal may be authorized by the United States and
Japanese authorities in accordance with mutually agreed conditions, goods
which are sold by such organizations shall not be disposed of in Japan to
persons not authorized to make purchases from such organizations.
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.4+. The obligations for the withholding and payment of income tax and
of social security contributions, and, except as may otherwise be mutually
agreed, the conditions of employment and work, such as those relating to
wages and supplementary payments, the conditions for the protection of
workers, and the rights of workers concerning labor relations shall be
those laid down by the legislation of Japan.
5. The organizations referred to in this Article shall provide such
information to the Japanese authorities as is required by Japanese tax
legislation.
ARTICLE XVI
It is the duty of members of the United States armed forces, the
civilian component, and their dependents to respect the law of Japan and
to abstain from any activity inconsistent with the spirit of this Agree-
ment, and, in particular, from any political activity in Japan.
1. Upon the coming into force with respect to the United States of the
"Agreement between the Parties to the North Atlantic Treaty regarding the Status
of their Forces signed at London on June 19,_
, , the Unite d Bta a `~ri - _
immediately conclu e with Japan, at the op o pan, an agreement on
jurisdiction similar to the corresponding provisions of that Agree-
2. Pending the coming into force with respect to the United States of
the North Atlantic Treaty Agreement referred to in paragraph 1, the United
States service courts and authorities shall have the right to exercise with-
in Japan exclusive jurisdiction over all offenses which may be committed in
Japan by members of theeited_States armed forces, the civilian component
and their dependents, excluding their depeh .en;s_1iho have only Japanese
Ational{,y. Suc-jurisdiction may in any case be waived by the United States.
3. While the jurisdiction provided in paragraph 2 is effective, the
following provisions shall apply:
(a) Ja anese authorities may arrest members of the United States
armed forces, e cIvi1ian- ccimp?neiit9 - or their dependents outside
facilities and areas in use by United States armed forces for the
commission or attempted commission of an offense, but in the event of
such an arrest, the individual or individuals shall be immediately
turned over to the .UniterStates armed forces. Any person fleeing
e urisdiction of-theUriiled States armed forces and found in
any place outside the facilities and areas may on request be arrested
by the Japanese authorities and turned over to the United States
authorities.
(b) The United States authorities shall have the exclusive ri ht~
to arrest hin
ac ities and areas in use by United States armed
S
forces. Any D on subject to the sdiction of Japan and found in
any such facility or area will, on request,_be turned over to the
Japanese authorities.
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(c) The United States authorities_,ma~ b under due process of law,
arrest, in the vicinity of such a facility or area, any person-in t
coinmi"si or attergpt~ed commission of ane offense _eilw-te security of
that facility or area. Any suchpern not subject to the jurisdi'ct~o"'
of the United States armed forces .immediately turned over to
aut
Japanese
(d) Subject to the provisions of paragraph 3 No the activities
outside the facilities and areas of military police of the United States
armed forces shall be limited to the extent necessary for maintaining
order and discipline of and arresting members of the United States armed
forces, the civilian component, and their dependents.
(e) The authorities of the United States and Japan shall cooperate
in makin available witnesses and evidence for crimina _AA-WM.
and other criminagiproceedings in their respective tribunals and shall
assist each other in the making of investigations. In the event'of a
criminal contempt, perjury, or an obstruction of justice before a
tribunal which does not have criminal jurisdiction over the individual
committing the offense, he shall be tried by a tribunal which has jurisdic-
tion over him as if he had committed the offense before it.
(f) The Tnited States armed forces hail havee.t eexclusive_ri t
of removing from Japan members of the United Statea.armed forces, the
civilian component,, and 'herdependents. The United States will give
sympat tic consideration to a request by the Government of Japan for
the removal of any such person for good cause.
(g) -Japanese authorities shall have ?,W,,,. j - zf search._ or.sej.zure,,
with respect to any persons or property, ,~rithin fad lities and area.s_.{irl
usethe Uanited States armed forces, or t4 respect to,grQextof
the United States armed forces wherever situated. At the request of the
Japanese authorities, the United States authorities undertake, within
the limits of their authority, to make such search and seizure and inform
the Japanese authorities as to the results thereof. In the event of a
judgment concerning such property, except property owned or utilized by
the United States Government, the United States will turn over such
property to the Japanese authorities for disposition in accordance, with
the judgment. Japanese authorities shall have no right o',search or
seizure outside '`-"lac ~i?ies anti areas in, use by tie United States armed
.rtes w .- respects `t'o` the persons or property of members. of the United
bates armed forces, the civilian component, or their dependents, &
ad-"T5 "suc i,` persons as may be arrested in accordance. with para ra .h. ,3 (a
of this Article, and except as to cases wre such sears s required
for the purpose of arresting offenders under the jurisdiction of Japan.
(h) A detente shall not be carried out in Japan by the
United States armed forces if the legislation of Japan does not provide
for such punishment in a similar case.
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4. The United States undertakes that the United States service courts
and authorities shall be willing and able to ry anon conviction, to punish
a o e e gains the l
aws of an whi ch_ members of_ the United -St tes
armed q .gas civilian component, and their dependents maybe alleged,_,n
ufficientaevidence to have committed in Japan, and to investigate and deal
appropriately wrTt i `ariy~ -alleged o ' erase LL cbmuiiited by members of the United
States armed forces, the civilian component, and their dependents, which
may be brought to their notice by Japanese authorities or which they may
find to have taken place. The United States further undertakes to _nootify
the Japanese authorities of the disposition made by United'States service
courts of all cases ar sing-under this paragraph. The United States shall
give sympathetic consideration to a request from Japanese authorities for
a waiver of its jurisdiction in cases arising under this paragraph where
the Japanese Government considers.. such waiver to be of particular importance.
Upon such waiver, Japan may exercise its own jurisdiction.
5. In the event the option referred to in paragraph 1 is not exercised
by Japan, the jurisdiction provided for in paragraph 2 and the following
paragraphs shall continue in effect. In the event the said North Atlantic
Treaty Agreement has not come into effect within one year from the effective
date of this Agreement, the United States will, at the request of the
Japanese Government, reconsider the subject of jurisdiction over offenses
committed in Japan by members of the United States armed forces, the
civilian component, and their dependents.
1. Each party waives all its claims against the other party for injury
or death suffered in Japan by a member of its armed forces, or a civilian
governmental employee,, while such member or employee was engaged in the
performance of his official duties in cases where such injury or death was
caused by a member of the armed forces, or a civilian employee of the other
party acting in the performance of his official duties.
2. Each party waives all its claims against the other party for damage
to any property in Japan owned by it, if such damage was caused by a member
of the armed forces or a civilian governmental employee of the other party
in the performance of his official duties.
3. Claims, other than contractual, arising out of acts or omissions
of members of, or employees of the United States armed forces in the per-
formance of official duty or out of any other act, omission or occurrence
for which the United States armed forces is legally responsible, arising
incident to non-combat activities and causing injury, death., or property
damage in Japan to third parties shall be dealt with by Japan in accordance
with the following provisions:
(a) Claims shall be filed within one year from the date on
which they arise and shall be considered and settled or adjudicated
in accordance with the laws and regulations of Japan with respect to
claims arising from the activities of its own employees.
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(b) Japan may settle any such claims, and payment of the amount
agreed upon or determined by adjudication shall be made by Japan in yen.
(c) Such payment, whether made pursuant to a settlement or to
adjudication of the case by a competent tribunal of Japan, or the final
adjudication by such a tribunal denying payment, shall be binding and
conclusive.
(d) The cost incurred in satisfying claims pursuant to the pre-
ceding subparagraphs shall be shared on terms to be agreed by the two
Governments.
(e) In accordance with procedures to be established, a statement
of all claims approved or disapproved by Japan pursuant to this para-
graph, together with the findings in each case, and a statement of
the sums paid by Japan, shall be sent to the United States periodically,
with a request for reimbursement of the share to be paid by the United
States. Such reimbursement shall be made within the shortest possible
time in yen.
4. Each party shall have the primary right, in the execution of the
foregoing paragraphs, to determine whether its personnel were engaged in the
performance of official duty. Such determination shall be made as soon as
possible after the arising of the claim concerned. When the other party
disagrees with the results of such determination, that party may bring the
matter 'before the Joint Committee for consultation under the provisions of
Article XXVI of this Agreement.
5. Claims against members of or employees of the United States armed
forces arising out of tortious acts or omissions in Japan not done in the
performance of official duty shall be dealt with in the following manner:
(a) ' The Japanese authorities shall consider the claim and
assess compensation to the claimant in a fair and just manner, taking
into account all the circumstances of the case, including the conduct
of the injured person, and shall prepare a report on the matter.
(b) The report shall be delivered to the United States authorities,
who shall then decide without delay whether they will offer an ex gratia
pa,;yment, and if so, of what amount.
(c) If an offer of ex gratia payment is made, and accepted by the
claimant in full satisfaction of his claim, the United States authorities
shall make the payment themselves and inform the Japanese authorities of
their decision and of the sum paid.
(d) Nothing in this paragraph shall affect the jurisdiction of the
Japanese courts to entertain an action against a member or employee of
the United States armed forces, unless and until there has been payment
in full satisfaction of the claim.
6. (a) Members of and civilian employees of the United States armed
forces., excluding those employees who have only Japanese nationality, shall.
not be subject to suit in Japan with respect to claims specified in para-
graph 3, but shall be subject to the civil jurisdiction of Japanese courts
with respect to all other types of cases.
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(b) In case any private movable property, excluding that in use
by the United States armed forces, which is subject to compulsory execution
under Japanese law, is within the facilities and areas in use by the
United States armed forces, the United States authorities shall upon the
request of Japanese courts, possess and turn over such property to the
Japanese authorities.
(c) The United States authorities shall cooperate with the
Japanese authorities in making available witnesses and evidence for civil
proceedings in Japanese tribunals.
7. Disputes arising out of contracts concerning the procurement of
materials, supplies, equipment, services, and labor by or for the United
States armed forces, which are not resolved by the'parties to the contract
concerned, may be submitted to the Joint Committee for conciliation, pro-
vided that the provisions of this paragraph shall not prejudice any right
which the parties to the contract may have to file a civil suit.
1. Members of the United States armed forces, the civilian component,
and their dependents, shall be subject to the foreign exchange controls
of the Japanese Government.
2. The preceding paragraph shall not be construed to preclude the
transmission into or outside of Japan of United States dollars or dollar
instruments representing the official funds of the United States or realized
as a result of service or employment in connection with this Agreement by
members of the United States armed forces and the civilian component, or
realized by such persons and their dependents from sources outside of Japan.
3. The United States authorities shall take suitable measures to
preclude the abuse of the privileges stipulated in the preceding paragraph
or circumvention of the Japanese foreign exchange controls.
1. (a) United States military payment certificates denominated in
dollars may be used by persons authorized by the United States for internal
transactions within the facilities and areas in use by the United States armed
forces. The United States Government will take appropriate action to insure
that authorized personnel are prohibited from engaging in transactions
involving military payment certificates except as authorized by United States
regulations. The Japanese Government will take necessary action to prohibit
unauthorized persons from engaging in transactions involving military payment
certificates and with the aid of United States authorities will undertake to
apprehend and punish any person or persons under its jurisdiction involved
in the counterfeiting or uttering of counterfeit. military payment certificates.
(b) It is agreed that the United States authorities will apprehend
and punish members of the United States armed forces, the civilian component,
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or their dependents, who tender military payment certificates to unauthorized
persons and that no obligation will be due to such unauthorized persons or
to the Japanese Government or its agencies from the United States or any of
its agencies as a result of any unauthorized use of military payment
certificates within Japan.
2. In order to exercise control of military payment certificates the
United States shall have the right to designate certain American financial
institutions to maintain and operate, under United States supervision,
facilities for the use of persons authorized by the United States to use
military payment certificates. Institutions authorized to maintain military
banking facilities will establish and maintain such facilities physically
separated from their Japanese commercial banking business, with personnel
whose sole duty is to maintain and operate such facilities. Such facilities
shall be permitted to maintain United States currency bank accounts and to
perform all financial transactions in connection therewith including receipt
and remission of funds to the extent provided by Article XIX, paragraph 2,
of this Agreement.
The United States shall have the right to establish'and operate, within
the facilities and areas in use by the United States armed forces, United
States military post offices for the use of members of the United States
armed forces, the civilian component, and their dependents, for the trans-
mission of mail between United States military post offices in Japan and
between such military post offices and other United States post offices.
The United States shall have the right to enroll and train all eligible
United States citizens, residing in Japan, in the reserve organizations of
the armed forces of the United States, except that the prior consent of the
Japanese Government shall be obtained in the case of persons employed by
the Japanese Government.
The United States and Japan will cooperate in taking such steps as may
from time to time be necessary to ensure the security of the United States
armed forces, the members thereof, the civilian component, their dependents,
and their property. The Japanese Government agrees to seek such legislation
and to take such other action as may be necessary to ensure the adequate
security and protection within its territory of installations, equipment,
property, records and official information of the United States, and for the
punishment. of offenders under the applicable laws of Japan.
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In .the event of hostilities, or imminently threatened hostilities,
in the Japan area, the Governments of the United States and Japan shall
immediately consult together with a view to taking necessary joint measures
for the defense of that area and to carrying out the purposes of Article I
of the Security Treaty.
1. It is agreed that the United States will bear for the duration of
this Agreement without cost to Japan all expenditures incident to the
maintenance of. the United States armed forces in Japan except those to be
borne by Japan as provided in paragraph 2.
It is agreed that Japan will:
(a) Furnish for the duration of this Agreement without cost to the
United States and make compensation where appropriate to the owners and
suppliers thereof all facilities, areas and rights of way, including
facilities and areas jointly used such as those at airfields and ports,
as provided in Articles II and III.
(b) Make available without cost to the United States, until the
effective date of any new arrangement. reached as a result of periodic
reexamination, an amount of Japanese eurrency equivalent to $155 million
per annum for the purpose of procurement by the United States of trans-
portation and other requisite services and supplies in Japan. The rate
of exchange at which yen payments will be credited shall be the official
par value, or that rate considered most favorable by the United States
which on the day of payment is available to any party, authorized by
the Japanese Government or used in any transaction with any party by
the Japanese Government or its agencies or by Japanese banks authorized
to deal in foreign exchange, and which, if both countries have agreed
.par values with the International Monetary Fund, is not prohibited by
the Articles of Agreement of'the Fund.
3. It is agreed that arrangements will be effected between the Govern-
ments of the United States and Japan for accounting applicable to financial
transactions arising out of this Agreement.
ARTICLE XXVI
1. A Joint Committee shall be established as the means for consultation
between the United States and Japan on all matters requiring mutual consulta-
tion regarding the implementation of this Agreement. In particular, the
Joint Committee shall serve as the means for consultation in determining
the facilities and areas in Japan which are required for the use of the
United States in carrying out the purposes stated in Article I of the
Security Treaty.
2. The Joint Committee shall be composed of a representative of the
United States and of Japan, each of whom shall have one or more deputies
and a staff. The Joint Committee shall determine its own procedures, and
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arrange for such auxiliary organs and administrative services as may be
required. The Joint. Committee shall be so organized that it may meet
immediately at any time at the request of the representative of either
the .United States or Japan.
3. If the Joint Committee is unable to resolve any matter, it shall`
refer that matter to the respective Governments for further consideration
through appropriate channels.
1. This Agreement shall come into force on the. date on which the
Security Treaty between the United States and Japan enters into force.
2. Each party to this Agreement undertakes to seek from its legis-
lature necessary budgetary and legislative action with respect to pro-
visions of this Agreement which require such action for their execution.
Either party may at any time request the revision of any Article of
this Agreement, in which case the two Governments shall enter into
negotiation through appropriate channels.
This Agreement,. and agreed revisions thereof, shall remain in force
while the Security Treaty remains in force unless earlier terminated by
agreement between the parties.
In witness whereof the representatives of the two Governments, duly
authorized for the purpose, have signed this Agreement.
Done at Tokyo, in duplicate, in the English and Japanese languages,
both texts authentic, this twenty-eighth day of February, 1952.
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:
(Seal) /s/ DEAN RUSK
/s/ EARL D.'JORNSON
FOR THE GOVERNMENT OF JAPAN :
(Seal) Js/ K. OKAZAKI
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Office of the Special
Representative of the
President of the United
States
Tokyo, February 28, 1952.
Excellency:
I have the honor to refer to our discussion on the terms of the
Administrative Agreement signed today, in which Your Excellency stated
as the opinion of the Japanese Government that, as the occupation of
Japan by the Allied Powers comes to an end on the coming into.force of
the Treaty of Peace with Japan, the use of facilities and areas by
United States forces on the basis of occupation requisition also comes
to an end on the same date; thereafter, the use of facilities and areas
by United States forces must be based upon agreement between the two
Governments, subject to the rights which each might have under the
Treaty of Peace with Japan, the Security Treaty, and the Administrative
Agreement. I hereby confirm that such is also the opinion of the United
States Government.
In Article II, paragraph 1, of the Administrative Agreement it is
stipulated that, "Agreements as to specific facilities and areas, not
already reached by the two Governments by the effective date of this
Agreement,, shall be concluded by the two Governments through the Joint
Committee provided for in Article XXVI of this Agreement." The United
States Government is confident that our two Governments are agreed
that consultation shall be on an urgent basis in order to complete such
arrangements at the earliest possible date. With this in mind, the
United States Government is prepared to join with the Japanese Govern-
ment in constituting a Preliminary Working Group, consisting of a
representative and the'necessary staff from each Government, to begin
such consultations immediately, with the understanding that the arrange-
ments made by the Preliminary Working Group shall be put into effect as
agreed and that the task of the Preliminary Working Group would be taken
over by the Joint Committee upon the effective date of the Administrative
Agreement.
However, unavoidable delays may arise in the determination and
preparation of facilities and areas necessary to carry out the purposes
stated in Article I of the Security Treaty. It would be much appreciated,
therefore,
His Excellency
Katsuo Okazaki,
Minister of State,
Tokyo .
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therefore, if Japan would grant the continued use of those particular
facilities and areas, with respect to which agreements and arrangements
have not been completed by the expiration of ninety days after the
effective date of the Treaty of Peace with Japan, pending the completion
of such agreements and arrangements.
Accept, Excellency, the assurances of my highest consideration.
DEAN RUSK
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February 28, 1952.
Excellency:
I have the honor to acknowledge the receipt of Your Excellency's
Note of today's date in which Your Excellency has informed me as
.follows:
"I have the honor to refer to our discussion on the terms of
the Administrative Agreement signed today, in which Your Excellency
stated as the opinion of the Japanese Government that, as the
occupation of Japan by the Allied Powers comes to an ela.d on the
coming into force of the Treaty of Peace with Japan, the use of
facilities and areas by United States forces on the basis of
occupation requisition also comes to an end on the same date;
thereafter, the use of facilities and areas by United States forces
must be based upon agreement between the two Governments, subject
to the rights which each might have under the Treaty of Peace with
Japan, the Security Treaty, and the Administrative Agreement. I
hereby confirm that such is also the opinion of the United States
Government.
"In Article II, paragraph 1, of the Administrative.Agreement
it is stipulated that, 'Agreements as to specific facilities and
areas, not already reached by the two Governments by the effective
date of this Agreement, shall. be concluded by the two Governments
through the Joint Committee provided for in Article XXVI of this
Agreement.' The United States Government is confident that our two
Governments are agreed that consultation shall be on an urgent
basis in order to complete such arrangements at-the-earliest
possible date. With this in mind, the United States Government
is prepared to join with the Japanese Government in constituting
a Preliminary Working Group, consisting of a representative and
the necessary staff from each Government, to begin such consultations
immediately, with the understanding that the arrangements made by the
Preliminary Working Group shall be put into effect as agreed and that
the task of the Preliminary Working Group would be taken over by the
Joint Committee upon the effective date of the Administrative Agree-
ment.
"Eowever,
His Excellency
Dean Rusk,
Office of the Special Representative of the
President of the United States
Tokyo.
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. "However, unavoidable delays may arise in the determination
and preparation of facilities and areas necessary to carry out the
purposes stated in Article I of the Security Treaty. It would be
much appreciated, therefore, if Japan would grant the continued
use of those particular facilities and areas, with respect to
which agreements and arrangements have not been completed by the
expiration of ninety days after the effective date of the Treaty
of Peace with Japan, pending the completion of such agreements
and arrangements.
The Japanese Government fully shares the desire of the United
States Government to initiate consultations on an urgent basis in order
to complete arrangements for the use of facilities and areas at the
earliest possible date. The Japanese Government agrees, therefore, to
the immediate constitution of the Preliminary Working Group referred to
_11 Your Excellency's Note, with the understanding that the arrangements
made by the Preliminary Working Group shall be put into effect as agreed
and that the task of the Preliminary Working Group. would be taken over by
the Joint Committee upon the effective date of the Administrative Agree-
ment.. -
With full appreciation of the contents of Your Excellency's Note,
I have the honor, on behalf of the Japanese Government, to confirm that
the Japanese Government will grant to the United States the continued
use of those particular facilities and areas, with respect to which
agreements and arrangements have not been completed by the expiration
of ninety days after the effective date of the Treaty of Peace with
Japan, pending the completion of such agreements and arrangements.
Accept, Excellency, the assurances of my highest consideration.
/s/ KATSUO OKAZAKI
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