DRAFT INSTRUCTION TO AMERICAN EMBASSY IN TOKYO

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP58-00453R000100010020-2
• Release Decision: RIFPUB
• Original Classification: C
• Document Page Count: 14
• Document Creation Date: November 17, 2016
• Document Release Date: April 18, 2000
• Sequence Number: 20
• Publication Date: May 8, 1953
• Content Type: REGULATION

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Proposed State-Defense Draft of May 8, 1953
DRAFT IPJSTRIJCTTO'f TO j*`RI(',AN. r1?t3A ,SY InN TOK"O
No.
To the
Officer in Charge of the .Ariert..csn Mieaion,
Toklro.
The t)ecrotary of State refers to the note of April 14, 1953 from the
Japanese Minister of Foreign Afffirs?to the Ambassador concerning the revision
of ,Article XVTT of the. Administrative Agreement upon the coming Into force
of the NATO Status of Forces Agreement.
Tn order to be prepared in the event of the rF+tification by the United
$tntes of the NATO Status of. Forces Agreement, the Departments of State and
"Defense have drafted thv? following documents which are enclosed: (1) a note
from the Ambassador to th? Japanese.144inister of Foreign Affairs (2) proposals
for, changes in the Japanese draft Protocol to amend Article XVII and (3) proposals
for. official minutes regarding 'the Protocol. Any comments of the'' nbassy or the Command
with respect to these documents should be telegraphed to the Department as soon
as.possible.
The Department, is sending. in a separate instruction recommendations for
diaciissions with the Commonwealth representatives in Tokyo regarding. the nego-
tiption of the criminal jurisdiction provisions of the ?United Nations forces
a.greerzent,
State Dep6p l F;i fIPsAe&Mt ?V IrQ$ Mo ON 10100010020-2
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CONP:rrn NTTAT, S."r T}!T`. INFO!''-cATD_117
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agreement, it ;3ho,.ild he made clear to the Jananeoe in some ar+propriate wa?
from the cammence lent of the nefoti ations for revision of Article XViI of the
Ldniinistrative A reenent that it is ?zn?lerstood that the
same criminal ,i1 ri s-
dicti on arranpemrnt s that are made arpljcn')le to United States) forces
inciudinr; anzr forr.al or informal understandings with respect to nrocecillres and
to the ;waiver o l,' the primary rir.=,ht to exercise i,ir:i sriict t9n will also be mach:
ar'Plic&)ie to the United nations forces in Japan.
The, ')eparinent believes that th- re are only 'r.wo of the 'rni.ted .3, P.
proposals which ria.yy ca;ase di.fficiilttr, The first is the nronosal to a.dd to the
Javanese draft Protocol a narapraph concerni.nr susnension in the event of hos-
tilities. The second involves the arrangement- for the waiver by Ja^man of its primary
right to exerci_,:; e jsu ri sdi r.t i on ,
'-iith reference to the proposed nara!.;ranh concernen ; s,2snonsi.on, the E^,hass?r
mar wish to 7)oint out to the Ja-anese that the para?grr nh does not. enable the
United States, by unilateral action, to reestablish exclusive ,jutriec1ict-i.on
arrangements in the event of hostilities. An revision of criminal. jurisdiction
arrangements would have to be made by aareenent hetween the United `Mates and
Japan. The United States has declared its intention in the event of hostilities
in the TO countries to take steps to suspend Article v.iT of the NATO status of
forces anreement so far as it is concerned and to seek excl.iisive litrisdiction
in the t!ATC countries,
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The proposed pr.rarraph concerrzinry, suspersion diescribea the circuimstanees
under which the right oi' 5usnension ma. r be exercised as "ho:7ti.litica in the
Japan area".
T,i.s -phrase includes, of course, armed attack upon Japth It is
,.so b 'oad Incur h to include hosti iAtied in --ha .Rr.ik:;nis rnd other areas near
to Jaasne The 'Embassy may assure the Japanese that the United States does not
it end to seek suspension of concurrent nirisdiction arrFant~ements in Japan
irhi1e hostilities are continuing, in Korea. It is assumed that concurrent
,jurisdiction arrangements will be implemented in s'ich a. w?- ao to avoid any
interference with the coninct of hostilities in rorea.
The phrase "Japan area" appears in Article TV of the Seciirity Treaty and
in Article XXIV of the Administrative Agreement. The Nnartrlent wo,ilri prefer
to avoid anv exact definition of the nhraso and to leave its meaninn- to.he worked
out in the course of time whenever specific issues are raised.
It is desired that the, ^mbasstr seek the t ,ximum waiver which can be
obtained of ',hp primary jurisdiction available to the Jnnanese Government under
paragrrnh 3(c) of the dra.f"t. Protocol. Preferably this should he rulblic -rnd
take the form of P. general waiver on the government level. It is recoini zed.,
however, that the approach ailed to the Japanese ^ov^rnment must not be such
as would react unfavora()ly upon gpnera.l 'Tnited t- tes-.Tan +.npse relations. It
is further recor;nized that any effective a'aproach to obtaining such a wa=iver
?rist take into consideration the extreme sensitivit?r of the Jh.naiiese to the
exere se by. any nation of e:ctraterri.toriali.t.,,. T':erefore, it is regn steel that
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(;()Ak I`lENTIAT. SEC'T7I T'r IiTO';RA'." T~T~
the rAba3sv explore with the Javanese a'.)thoriti.ea the most effective method
of obtaining, a maximUM waiver of pr m- ar,, jurisriictJ on. If a general waiver
seems unobtainable, it is possible that a qualified waiver may be used to
300u e,? for United .States -personnel substantial immunit*- from Javanese juris-
diction. This'mi ht take ?.'~e fort-1 of the minute -proposed Re para. 3(e.) of the
Protocolo
The `Inited States is planning; to seek arran eronts with. the VA TO eo'iritries
for the rn xirm.im a.npropriate waiver, of local cri final jurisdiction without
beaming nnfav'orabl r on general relations between the 'Tited States and the
coixntrv concerned. United States Ambassadors in two NATO countries have
,airecdv been anthorized to seek waiver arrangeients. The arrangements will he
kept confidential. Recause disclosure of the '!nited :itateja policy would prejudice
general relations with the NATO countries and affect negotiations concerning
not only the status of forces bb.it also the atationiner of troops in 7'-urope,
it ha.s been .greed that tho only public reference to the policy ''should be' along
lines that the United States is confident that operating arrnngenents based on
rne~o~? relati ns between Rovernments and betwr en our militar.v authorities and
local authorities abroad will provide in fact an even nreAter measure of
nrote:ction than the sat:i.sf^etory legal quantities estabi.i.shed by the iVTATO
Status of roree:s Agreernent.11 Therefore, Japanese officials should be advised
only ,in. terms ;of the foregoing quotation unless the T,lnb?ssr is convinced that a
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disclosure of the Pill date vritl a.~hall, str1ett~~ confi.d t{.~~~ ~,... th:. Jnp,anese
of fl vials concerned
The Japanese 9overnmcrit !n-a-," he untrr'llin; to rvke s wyr of the t,l e
regiaested. in that event At TI r be i,ossib2.e to work out F, trni.v&r dczctnrati.on
along the -lines of. the .1Rp