TREATY OF MUTUAL COOPERATION AND SECURITY BETWEEN THE UNITED STATES OF AMERICA AND JAPAN AND STATUS OF FORCES AGREEMENT WITH RELATED DOCUMENTS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP07-00469R000100950001-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 31
• Document Creation Date: December 27, 2016
• Document Release Date: October 24, 2012
• Sequence Number: 1
• Publication Date: January 19, 1960
• Content Type: MISC

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TREATY OF
MUTUAL COOPERATION AND SECURITY
between
THE UNITED STATES OF AMERICA
AND JAPAN
and
STATUS OF FORCES AGREEMENT
with
RELATED DOCUMENTS
i I HEADQUARTERS
UNITED STATES FORCES, JAPAN
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TABLE OF CONTENTS
Page
TREATY OF MUTUAL COOPERATION AND SECURITY ........... 1
AGREED MINUTE REGARDING ARTICLE 3 ISLANDS ......... ..3
STATUS OF FORCES AGREEMENT ..............................4
AGREED INTERPRETIVE MINUTES TO SOF AGREEMENT.......20
NOTES REGARDING CONSULTATION FORMULA ................
NOTES REGARDING ACHESON-YOSHIDA NOTES ...............26
NOTES RE PARA 6(d), ARTICLE XII, SOF AGREEMENT ........27
NOTES REGARDING MUTUAL DEFENSE ASSISTANCE
AGREEMENT ................................................28
NOTES REGARDING NEW SECURITY CONSULTATIVE
COMMITTEE .................................................29
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Treaty of Mutual Cooperation and Security
Between the United Stales of America and Japan
The United States of America and Japa
Desiring to, strengthen the bonds of .peace and friendship tradi-
tionally existing between them, and to uphold the principles of
democracy, individual liberty, and the rule of law,
Desiring further to encourage closer economic cooperation between
them and to promote conditions of economic stability and well-being
in their countries,
Reaffirming their faith in the purposes and principles of the Charter
of the United Nations, and their desire to live in peace with all peoples
and all governments,
Recognizing that they have the inherent right of individual or
collective self-defense as affirmed in the Charter of the United Nations,
Considering that they have a common concern in the maintenance
of international peace and security in the Far East,
Having resolved to conclude a treaty of mutual cooperation and
security,
Therefore agree as follows:
ARTICLE I
The Parties undertake, as set forth in the
Charter of the United Nations, to settle any
international disputes in which they may be
involved by peaceful means in such a manner
that international peace and security and
justice are not endangered and to refrain in
their international relations from the threat
or use of force against the territorial in-
tegrity or political independence of any state,
or in any other manner inconsistent with the
purposes of the United Nations.
The Parties will endeavor in concert with
other peace-loving countries to strengthen
the United Nations so that its mission of
maintaining international peace and security
may be discharged more effectively.
ARTICLE II
The Parties will contribute toward the
further development of peaceful and friendly
international relations by strengthening
their free institutions, by bringing about a
better understanding of the principles upon
which these institutions are founded, and by
promoting conditions of stability and well
being. They will seek to eliminate conflict in
their international economic policies and will
encourage economic collaboration between
them.
ARTICLE III
The Parties, individually and in coopera-
tion with each other, by means of continuous
and effective self-help and mutual aid will
maintain and develop, subject to their con-
stitutional provisions, their capacities to
resist armed attack.
ARTICLE IV
The Parties will consult together from
time to time regarding the implementation
of this Treaty, and, at the request of either
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Party, whenever the security of Japan or
international peace and security in the Far
East is threatened.
ARTICLE V
Each Party recognizes that an armed
attack against either Party in the territories
under the administration of Japan would be
dangerous to its own peace and safety and
declares that it would act to meet the
common danger in accordance with its
constitutional provisions and processes.
Any such armed attack and all measures
taken as a result themof shall be immedi-
ately reported to the Security Council of the
United Nations in accordance with the provi-
sions of Article 51 of the Charter. Such
measures shall be terminated when the
Security Council has taken the measures
necessary to restore and maintain inter-
national peace and security.
ARTICLE VI
For the purpose of contributing to the
security of Japan and the maintenance of
international peace and security in the Far
East, the United States of America is
granted the use by its land, air and naval
forces of facilities and areas in Japan.
The use of these facilities and areas as
well as the status of United States armed
forces in Japan shall be governed by a sepa-
rate agreement, replacing the Administrative
Agreement under Article III of the Security
Treaty between the United States of America
and Japan, signed at Tokyo on February 28,
1952, as amended, and by such other
arrangements as may be agreed upon.
ARTICLE VII
This Treaty does not affect and shall not
be interpreted as affecting in any way the
rights and obligations of the Parties under
the Charter of the United Nations or the
responsibility of the United Nations for the
maintenance of international peace and
security.
ARTICLE VIII
This Treaty shall be ratified by the United
States of America and Japan in acccordance
with their respective constitutional processes
and will enter into force on the date on which
the instruments of ratification thereof have
been exchanged by them in Tokyo.
ARTICLE IX
The Security Treaty between the United
States of America and Japan signed at the
city of San Francisco on September 8, 1951
shall expire upon the entering into force of
this Treaty.
ARTICLE X
This Treaty shall remain in force until in
the opinion of the Governments of the United
States of America and Japan there shall have
come into force such United Nations arrange-
ments as will satisfactorily provide for the
maintenance of international peace and
security in the Japan area.
However, after the Treaty has been in
force for ten years, either Party may give
notice to the other Party of its intention to
terminate the Treaty, in which case the
Treaty shall terminate one year after such
notice has been given.
IN WITNESS WHEREOF the undersigned Plenipotentiaries have
signed this Treaty.
DONE in duplicate at Washington in the English and Japanese
languages, both equally authentic, this 19th day of January, 1960.
FOR THE UNITED STATES OF AMERICA :
Christian A. Herter
Douglas MacArthur II
Nobusuke Kishi
Aiichiro Fujiyama
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AGREED MINUTE TO THE TREATY OF MUTUAL COOPERATION
AND SECURITY
Japanese Plenipotentiary:
While the question, of the status of the
islands administered by the United States
under Article 3 of the Treaty of Peace with
Japan has not been made a subject of discus-
sion in the course of treaty negotiations, I
would like to emphasize the strong concern
of the. Government and people of Japan for
the safety of the people of these islands since
Japan possesses residual sovereignty over,
these islands. If an armed attack occurs or
is threatened against these islands, the two
countries will of course consult together
closely under Article IV of the Treaty of
Mutual Cooperation and Security. In the
event of an armed attack, it is the intention
of the Government of Japan to explore with
the United States measures which it might
be able to take for the welfare of the
islanders.
United States Plenipotentiary :
In the event of an armed attack against
these islands, the United States Government
will consult at once with the Government of
Japan and intends to take the necessary
measures for the defense of these islands,
and to do its.utmost to secure the welfare
of the islanders.
Washington, January 19, 1960.
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Agreement Under Article YI of the Treaty of Mutual
Cooperation and Security Between the United Slates
of America and Japan, Regarding Facilities and Areas
and the Status of United States Armed Forces in Japan
The United States of America and Japan,
pursuant to Article VI of the Treaty of
Mutual Cooperation and Security between,
the United States of America and Japan
signed at Washington on January 19, 1960,
have entered into this Agreement in terms
as set forth below :
ARTICLE I
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 ci-
vilian persons of United States nationality
who are in the employ of, serving with, or
accompanying the United States armed
forces in Japan, but excludes persons who
are ordinarily resident in Japan or who are
mentioned in paragraph 1 of Article XIV.
For the purposes of this Agreement only,
dual nationals, United States and Japanese,
who are brought to Japan by the United
States shall be considered as United States
nationals.
(c) "dependents" means
(1) Spouse, and children under 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.
ARTICLE II
1. (a) The United States is granted,
under Article VI of the Treaty of Mutual
Cooperation and Security, the use of facilities
and areas in Japan. Agreements as to spe-
cific facilities and areas shall be concluded
by the two Governments through the Joint
Committee provided for in Article XXV of
this Agreement. "Facilities and areas"
include existing furnishings,. equipment and
fixtures necessary to the operation of such
facilities and areas.
(b) The facilities and areas of which
the United States has the use at the time of
expiration of the Administrative Agreement
under Article III of the Security Treaty be-
tween the United States of America and
Japan, shall be considered as facilities and
areas agreed upon between the two Govern-
ments in accordance with the subparagraph
(a) above.
2. At the ~ request of either Government,
the Governments of 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 observa-
tion with a view toward such return.
4. (a) When facilities and areas are tem-
porarily not being used by the United States
armed forces, the Government of Japan may
make, or permit Japanese nationals to make,
interim use of such facilities and areas pro-
vided that it is agreed between the two
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Governments through the Joint Committee
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 facilities and areas
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 provisions of this Agreement
shall apply.
ARTICLE III
1. Within the facilities and areas, the
United States may take all the measures
necessary for their establishment, operation,
safeguarding and _ control. In order to pro-
vide access for the United States armed
forces to the facilities and areas for their
support, safeguarding and control, the Gov-
ernment of-Japan shall, at the request of the
United States armed forces and upon con-
sultation between the two Governments
through the Joint Committee, take necessary
measures within the scope of applicable laws
and regulations over land, territorial waters
and airspace adjacent to, or in the vicinities
of the facilities and areas. The United
States may also take necessary measures
for such purposes upon consultation between
the two Governments through the Joint
Committee.
2. The United States agrees not to take
the measures referred to in paragraph 1 in
such a manner as to interfere unnecessarily
with navigation, aviation, communication, or
land travel to or from or within the terri-
tories 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 arrangement between the appro-
priate authorities of the two Governments.
The Government of Japan shall, within the
scope of applicable laws and regulations, take
all reasonable measures to avoid or eliminate
interference with telecommunications elec-
tronics required by the United States armed
forces.
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.
ARTICLE IV
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 com-
pensation to the United States for any im-
provements 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 Government of
the United States may undertake under
special arrangements with the Government
of Japan.
ARTICLE V
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 author-
ities, and their entry into and departure from
Japan shall be 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 mem-
bers of _ the United States armed forces, the
civilian component, and their dependents
shall be accorded access to and movement .
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between facilities and areas in use by the
United States armed forces and between such
facilities and areas and the ports or airports
of Japan. Such access to and movement
between facilities and areas by United States
military vehicles shall be free from toll and
other charges.
3. When the vessels mentioned in para-
graph 1 enter Japanese ports, appropriate
notification shall, under normal conditions,
be made to the proper Japanese authorities.
Such vessels shall have freedom from com-
pulsory pilotage, but if a pilot is taken
pilotage shall be paid for at appropriate
rates.
ARTICLE VI
1. All civil and military air traffic control
and communications systems shall be de-
veloped in close coordination and shall be
-integrated to the. extent necessary for fulfill-
-inent of, , collective security interests. Pro-
ceduresnd any subsequent changes thereto,
necessary to effect this coordination and
integration will be established by arrange-
ment between the. appropriate authorities of
the two 'Governments.
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 thereof
shall conform to the system in use in Japan.
The United States and Japanese authorities
which have established such navigation aids
shall notify each other of their positions and
characteristics and shall give advance notifi-
cation before making any changes in them
or establishing additional navigation aids.
ARTICLE VII
The United States armed forces shall have
the use of all public utilities and services
belonging to, or controlled or regulated by
the Government of Japan, and shall enjoy
priorities in such use, under conditions no
less favorable than those that may be appli-
cable from time to time to the ministries and
agencies of the Government of Japan.
ARTICLE VIII
The Government of Japan undertakes to
furnish the United States armed forces with
the following meteorological services in
accordance with arrangements between the
appropriate authorities of the two Govern-
ments :
(a) Meteorological observations from land
and ocean areas including observations from
weather ships.
(b) Climatological information including
periodic summaries and the historical data
of the Meteorological Agency.
(c) Telecommunications service to dis-
seminate meteorological information required
for the safe and regular operation of aircraft.
(d) Seismographic data including fore-
casts of the estimated size of tidal waves
resulting from earthquakes and areas that
might be affected thereby.
ARTICLE IX
1. The United States may bring into Japan
persons who are members of the United
States armed forces, the civilian component,
and their dependents, subject to the provi-
sions of this Article.
2. Members of the United States armed
forces shall be exempt from Japanese pass-
port and visa laws and regulations. Mem-
bers 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, serv-
ice, and photograph ; and
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(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.
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 which must be pre-
sented on request to the appropriate Japanese
authorities.
4. Members of the civilian component,
their dependents, and the dependents of
members of the United States armed forces
shall be in possession of appropriate docu-
mentation 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 author-
ities 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 pro-
vided within a reasonable time at no cost to
the Government of Japan.
6. If the Government of Japan has re-
quested the removal from its territory of a
member of the United States armed forces
or civilian component or has made an expul-
sion order against an ex-member of the
United States armed forces or the civilian
component or against a dependent of a
member or ex-member, the authorities of
the United States shall be responsible for
receiving the person concerned within its
own territory or otherwise disposing of him
outside Japan. This paragraph shall apply
only to persons who are not nationals of
Japan and have entered Japan as members
of the United States armed forces or civilian
component or for the purpose of becoming
such members, and to the dependents of
such persons.
ARTICLE X
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.
ARTICLE XI
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 organi-
zations 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 dependents, and materials, supplies
and equipment which are to be used exclu-
sively by the United States armed forces or
are ultimately to be incorporated 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 procure-
ment agencies of the United States armed
forces, or by the organizations provided for
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in Article XV, or, in the case of materials,
supplies and equipment to be used exclu-
sively by the United States armed forces or
ultimately to be incorporated into articles or
facilities used by such forces, that delivgry
thereof is to be taken by the United States
armed forces for the purposes specified
above.
3. Property consigned to and for the per-
sonal 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 farces or civilian component, and per-
sonal 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.
4. The exemptions granted in paragraphs
2 and 3 shall apply only to cases of importa-
tion 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 of the United States armed
forces under orders entering or leaving
Japan;
(b) Official documents under official
seal and official mail in United States mil-
itary postal channels;
(c) Military cargo shipped on a United
States Government bill of lading.
G. Except as such disposal may be author-
ized by the United States and Japanese
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 pur-
suant to paragraphs 2 and 3, may be re-
exported free from customs duties and other
such charges.
The United States armed forces, in co-
operation 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.
9. (a) In order to prevent offenses
against laws and regulations administered by
the customs authorities of the Government
of Japan, 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 behalf of, the customs authorities of the
Government of Japan 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.
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(d) Vehicles and articles belonging to
the United States armed forces seized by the
customs authorities of the Government of
Japan 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 X*I
1. The United States may 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. Such sup-
plies or construction work may, upon agree-
ment between the appropriate authorities of
the two Governments, also be procured
through the Government of Japan.
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 coordi-
nation 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 appro-
priate certification shall be exempt from the
following Japanese taxes :
(a) Commodity tax
(b) Travelling tax
(c) 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 appro-
priate certification by the United States
armed forces. With respect to any present
or future Japanese taxes not specifically
referred 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 serv-.
ices procured by the United States armed
forces, or for ultimate use` by such forces,
the.t*o, Governments will agree upon a
procedure for granting such exemption or
relief therefrom as. is consistent with the
purposes of this Article.
4. Local labor requirements of United
States armed forces and of the organizations
provided for in Article XV shall be satisfied
with the assistance of the Japanese
authorities.
5. The obligations for the withholding and
payment of income tax, local inhabitant tax
and 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 con-
cerning labor relations shall be those laid
down by the legislation of Japan.
6. Should the United States armed forces
or as appropriate an organization provided
for in Article XV dismiss a worker and a
decision of a court or a Labor Relations Com-
mission of Japan to the effect that the
contract of employment has not terminated
become final, the following procedures shall
apply :
(a) The United States armed forces or
the said organization shall be informed by
the Government of Japan of the decision of
the court or Commission ;
(b) Should the United States armed
forces or the said organization not desire to
return the worker to duty, they shall so
notify the Government of Japan within seven
days after being informed by the latter of
the decision of the court or Commission, and
may temporarily withhold the worker from
duty ;
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(c) Upon such notification, the Govern-
ment of Japan and the United States armed
forces or. the said organization shall consult
together without delay with a view to finding
a practical solution of the case ;
(d) Should such a solution not be
reached within a period of thirty days from
the date of commencement of the consulta-
tions under (c) above, the worker will not be
entitled to return to duty. In such case, the
Government of the United States shall pay
to the Government of Japan an amount equal
to the cost of employment of the worker for
a period of time to be agreed between the two
Governments.
7. Members of the civilian component shall
not be subject to Japanese laws or regula-
tions with respect to terms and conditions of
employment.
8. Neither members of the United States
armed forces, civilian component, 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.
9. Except as such disposal may be author-
ized by the United States and Japanese
authorities in accordance with mutually
agreed conditions, goods purchased in Japan
exempt from the taxes referred to in para-
graph 3, shall not be disposed of in Japan
to persons not entitled to purchase such
goods exempt from such tax.
ARTICLE XIII
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 Government of Japan
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 pro-
vided 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 res-.
idence from payment of Japanese taxes on
income. Periods during which such persons
are in Japan solely by reason of being mem-
bers 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.
ARTICLE XIV
1. Persons, including corporations organ-
ized 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, and who are designated by the Gov-
ernment of the United States in accordance
with the provisions of paragraph 2 below,
shall, except as provided in this Article, be
subject to the laws and regulations of Japan.
2. The designation referred to in para-
graph 1 above shall be made upon consulta-
tion with the Government of Japan and shall
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be restricted to cases where open competitive
bidding is not practicable due to security
considerations, to the technical qualifications
of the contractors involved, or to the un-
availability of materials or services required
by United States standards, or to limitations
of United States law.
The designation shall be withdrawn by the
Government of the United States :
(a) upon completion of contracts with
the United States for the United States
armed forces; .
(b) upon proof that such persons are
engaged in business activities in Japan other
than those pertaining to the United States
armed forces; or
(c) when such persons are engaged in
practices illegal in Japan.
3. 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 du-
ties, 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 Government of
the United States the right to use the serv-
ices 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 Government of
the United States, 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 reg-
ulations of Japan with respect to terms and
conditions of employment.
4. Such persons and their employees shall
be so described in. their passports and their
arrival,.- departure and their residence while
in Japanf'shall from time to time be notified
by the .United States armed forces to the
Japanese authorities.
5. 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
contracts referred to in paragraph 1 shall
not be subject to taxes or similar charges of
Japan.
6. 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 hold-
ing, 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
presence of these persons in Japan, provided
that such exemption shall not apply to prop-
erty held for the purpose of investment or
the conduct 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 re-
spect of the use of roads by private vehicles.
7. The persons and their employees re-
ferred to in paragraph 1 shall not be liable
to pay income or corporation taxes to the
Government of Japan or to any other taxing
agency in Japan on any income derived
under a contract made. in the United States
with the Government of the United States
in connection with the construction, mainte-
nance or operation of any of the facilities or
areas covered by this Agreement. The provi-
sions of this paragraph do not exempt such
persons from payment of income or corpora-
tion taxes on income derived from Japanese
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sources, nor do they exempt such persons
and their employees who, for United States
income tax purposes, claim Japanese res-
idence, 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 Government
of the United States shall not be considered
periods of residence or domicile in Japan for
the purposes of such taxation.
8. 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 juris-
diction over the persons referred to as is
conferred on them by the law of the United
States.
ARTICLE XV
1. (a) Navy exchanges, post exchanges,
messes, social clubs, theaters, newspapers
and other non-appropriated fund organiza-
tions authorized and regulated by the United
States military authorities may be estab-
lished 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 au-
thorities 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 para-
graph 1 (b), but purchases within Japan of
merchandise and supplies by such organiza-
tions shall be subject to Japanese taxes.
3. Except as such disposal may be author-
ized 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.
4. 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.
ARTICLE XVII
1. Subject to the provisions of this Article,
(a) the military authorities of the
United States shall have the right to exercise
within Japan all criminal and disciplinary
jurisdiction conferred on them by the law
of the United States over all persons subject
to the military law of the United States;
(b) the authorities of Japan shall have
jurisdiction over the members of the United
States armed forces, the civilian component,
and their dependents with respect to offenses
committed within the territory of Japan and
punishable by the law of Japan.
2. (a) The military authorities of the
United States shall have the right to exercise
exclusive jurisdiction over persons subject
to the military law of the United States with
respect to offenses, including offenses re-
lating to its security, punishable by the law
of the United States, but not by the law
of Japan.
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(b) The authorities of Japan shall have
the right to exercise exclusive jurisdiction
over members of the United States armed
forces, the civilian component, and their
dependents with respect to offenses, includ-
ing offenses relating to the security of Japan,
punishable by its law but not by the law of
the United States.
(c) For the purposes of this paragraph
and of paragraph 3 of this Article a security
offense against a State shall include
(i) treason against the State;
(ii) sabotage, espionage or violation
of any law relating to official
secrets of that State, or secrets
relating to the national defense
of that State.
3. In cases where the right to exercise
jurisdiction is concurrent the following rules
shall apply :
(a) The military authorities of the
United States shall have the primary right
to exercise jurisdiction over members of the
United States armed forces or the civilian
component in relation to
(i) offenses solely against the prop-
erty or security of the United
States, or offenses solely against
the person or 'property of an-
other member of the United
States armed forces or the civil-
ian component or of a dependent ;
(ii) offenses arising out of any act
or omission done in the perform-
ance of official duty.
(b) In the case of any other offense
the authorities of Japan shall have the
primary right to exercise jurisdiction.
(c) If the State having the primary
right decides not to exercise jurisdiction, it
shall notify the authorities of the other
State as soon as practicable. The authorities
of the State having the primary right shall
give sympathetic consideration to a request
from the authorities of the other State for
a waiver of its right in cases where that
other State considers such waiver to be of
particular importance.
4. The foregoing provisions of this Article
shall not imply any right for the military
authorities of the United States to exercise
jurisdiction over persons who are nationals
of or ordinarily resident in Japan, unless
they are members of the United States
armed forces.
5. (a) The military authorities of the
United States and the authorities of Japan
shall assist each other in the arrest of
members of the United States armed forces,
the civilian component, or their dependents
in the territory of Japan and in handing
them over to the authority which is to
exercise jurisdiction in accordance with the
above provisions.
(b) The authorities of Japan shall
notify promptly the military authorities of
the United States of the arrest of any mem-
ber of the United States armed forces, the
civilian component, or a dependent.
(c) The custody of an accused member
of the United States armed forces or the
civilian component over whom Japan is to
exercise jurisdiction shall, if he is in the
hands of the United States, remain with the
United States until he is charged by Japan.
6. (a) The military authorities of the
United States and the authorities of Japan
shall assist each other in the carrying out
of all necessary investigations into offenses,
and in the collection and production of evi-
dence, including the seizure and, in proper
cases, the handing over of objects connected
with an offense. The handing over of such
objects may, however, be made subject to
their return within. the time specified by the
authority delivering them.
(b) The military authorities of the
United States and the authorities of Japan
shall notify each other of the disposition of
all cases in which there are concurrent rights
to exercise jurisdiction.
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7. (a) A death sentence shall not be
carried out in Japan by the military authori-
ties of the United States if the legislation of
Japan does not provide for such punishment
ir# a similar case.
(b) The authorities of Japan. shall give
sympathetic consideration to a request from
the military authorities of the United States
for assistance in carrying out a sentence of
imprisonment pronounced by the military
authorities of the United States under the
provisions of this Article within the territory
of Japan.
8. Where an accused has been tried in ac-
cordance with the provisions of this Article
either by the military authorities of the
United States or the authorities of Japan
and has been acquitted, or has been convicted
and is serving, or has served, his sentence
or has been pardoned, he may not be tried
again for the same offense within the ter-
ritory of Japan by the authorities of the
other State. However, nothing in this para-
graph shall prevent the military authorities
of the United States from trying a member
of its armed forces for any violation of rules
of discipline arising from an act or omission
which constituted an offense for which he
was tried by the authorities of Japan.
9. Whenever a member of the United
States armed forces, the civilian component
or a dependent is prosecuted under the
jurisdiction of Japan he shall be entitled:
(a) to a prompt and speedy trial;
(b) to be informed, in advance of trial,
of the specific charge or charges made
against him;
(c) to be confronted with the witnesses
against him;
(d) to have compulsory process for
obtaining witnesses in his favor, if they are
within the jurisdiction of Japan;
(e) to have legal representation of his
own choice for his defense or to have free
or assisted legal representation under the
conditions prevailing for the time being in
Japan;
(f) if he considers it necessary, to have
the services of a competent interpreter; and
(g) to communicate with a representa-
tive of the Government of the United States
and to have such a representative present at
his trial.
10. (a) Regularly constituted military
units or formations of the United States
armed forces shall have the right to police
any facilities or areas which they use under
Article II of this Agreement. The military
police of such forces may take all appropri-
ate measures to ensure the maintenance of
order and security within such facilities and
areas.
(b) Outside these facilities and areas,
such military police shall be employed only
subject to arrangements with the authorities
of Japan and in liaison with those authorities
and in so far as such employment is neces-
sary to maintain discipline and order among
the members of the United States armed
forces.
11. In the event of hostilities to which the
provisions of Article V of the Treaty of
Mutual Cooperation and Security apply,
either the Government of the United States
or the Government of Japan shall have the
right, by giving sixty days' notice to the
other, to suspend the application of any of
the provisions of this Article. If this right
is exercised, the Governments of the United
States and Japan shall immediately consult
with a view to agreeing on suitable provi-
sions to replace the provisions suspended.
12. The provisions of this Article shall not
apply to any offenses committed before the
entry into force of this Agreement. Such
cases shall be governed by the provisions of
Article XVII of the Administrative Agree-
ment under Article III of the Security Treaty
between the United States of America and,
Japan, as it existed at the relevant time.
ARTICLE XVIII
1. Each Party waives all its claims against
the other Party for damage to any property
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owned by it and used by its land, sea or air
defense services, if such damage-
(a) was caused by a member or an
employee of the defense services of the other
Party in the performance of his official
duties; or
(b) arose from the use of any vehicle,
vessel or aircraft owned by the other Party
and used by its defense services, provided
either that the vehicle, vessel or aircraft
causing the damage was being used for offi-
cial purposes, or that the damage was caused
to property being so used.
Claims for maritime salvage by one Party
against the other Party shall be waived,
provided that the vessel or cargo salved was
owned by a Party and being used by its
defense services for official purposes.
2. (a) In the case of damage caused or
arising as stated in paragraph 1 to other
property owned by either Party and located
in Japan, the issue of the liability of the
other Party shall be determined and the
amount of damage shall be assessed, unless
the two Governments agree otherwise, by a
sole arbitrator selected in accordance with
subparagraph (b) of this paragraph. The
arbitrator shall also decide any counter-
claims arising out of the same incident.
(b) The arbitrator referred to in sub-
paragraph (a) above shall be selected by
agreement between the two Governments
from amongst the nationals of Japan who
hold or have held high judicial office.
(c) Any decision taken by the arbitra-
tor shall be binding and conclusive upon the
Parties.
(d) The amount of any compensation
awarded by the arbitrator shall be distri-
buted in accordance with the provisions of
paragraph 5(e) (i), (ii) and (iii) of this
Article.
(e) The compensation of the arbitrator
shall be fixed by agreement between the two
Governments and shall, together with the
necessary expenses incidental to the perform
ance of his duties, be defrayed in equal
proportions by them.
(f) Nevertheless, each Party waives
its claim in any such case up to the amount
of 1,400 United States dollars or 504,000 yen.
In the case of considerable variation in the
rate of exchange between these currencies
the two Governments shall agree on the
appropriate adjustments of these amounts.
3. For the purposes of paragraphs 1 and
2 of this Article the expression "owned by a
Party" in the case of a vessel includes a
vessel on bare boat charter to that Party or
requisitioned by it on bare boat terms or
seized by it in prize (except to the extent
that the risk of loss or liability is borne by
some person other than such Party).
4. Each Party waives all its claims against
the other Party for injury or death suffered
by any member of its defense services while
such member was engaged in the perform-
ance of his official duties.
. 5. Claims (other than contractual claims
and those to which paragraphs 6 or 7 of this
Article apply) arising out of acts or omis-
sions of members or employees of the United
States armed forces done in the performance
of official duty, or out of any other act,
omission or occurence for which the United
States armed forces are legally responsible,
and causing damage in Japan to third parties,
other than the Government of Japan, shall
be dealt with by Japan in accordance with
the following provisions :
.(a) Claims shall be filed, considered and
settled or adjudicated in accordance with the
laws and regulations of Japan with respect
to claims arising from the activities of its
Self-Defense Forces.
(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 pur-
suant to a settlement or to adjudication of
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the case by a competent tribunal of Japan,
or the final adjudication by such a tribunal
denying payment, shall be binding and
conclusive upon the Parties.
(d) Every claim paid by Japan shall be
communicated to the appropriate United
States authorities together with full partic-
ulars and a proposed distribution in con-
formity with subparagraphs (e) (i) and
(ii) below. In default of a reply within two
months, the proposed distribution shall be
regarded as accepted.
(e) The cost incurred in satisfying
claims pursuant to the preceding. subpara-
graphs and paragraph 2 of this Article shall
be distributed between the Parties as
follows:
(i) Where the United States alone is
responsible, the amount awarded
or adjudged shall be distributed
in the proportion of 25 percent
chargeable to Japan and 75 per-
cent chargeable to the United
States.
(ii) Where the United States and
Japan are responsible for the
damage, the amount awarded or
adjudged shall be distributed
equally between them. Where
the damage was caused by the
defense services of the United
States or Japan and it is not
possible to attribute it specifical-
ly to one or both of those defense
services, the amount awarded or
adjudged shall be distributed
equally between the United
States and Japan.
(iii) Every half-year, a statement of
the sums paid by Japan in the
course of the half-yearly period
in respect of every case regard-
ing which the proposed distribu-
tion on a percentage basis has
been accepted, shall be sent to
the appropriate United States au-
thorities, together with a request
for reimbursement. Such reim-
bursement shall be made, in yen,
within the shortest possible time.
(f) Members or employees of the
United States armed forces, excluding those
employees who have only Japanese national-
ity, shall not be subject to any proceedings
for the enforcement of any judgment given
against them in Japan in a matter arising
from the performance of their official duties.
(g) Except in so far as subparagraph
(e) of this paragraph applies to claims cover-
ed by paragraph 2 of this Article, the provi-
sions of this paragraph shall not apply to any
claim arising out of or in connection with
the navigation or operation of a ship or the
loading, carriage, or discharge of a cargo,
other than claims for death or personal in-
jury to which paragraph 4 of this Article
does not apply.
6. Claims against members or employees
of the United States armed forces (except.
employees who are nationals of or ordinarily
resident in Japan) 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 authorities of Japan shall con-
sider 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
appropriate United States authorities, who
shall then decide without delay whether they
will offer an ex gratia payment, 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 them-
selves and inform the authorities of Japan of
their decision and of the sum paid.
(d) Nothing in this paragraph shall af-
fect the jurisdiction of the courts of Japan to
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entertain an action against a member or an
employee of the United States armed forces
unless and until there has been payment in
full satisfaction of the claim.
7. Claims arising out of the unauthorized
use of any vehicle of the United States armed
forces shall be dealt with in accordance with
paragraph 6 of this Article, except in so far
as the United States armed forces are legally
responsible.
8. If a dispute arises as to whether a
tortious act or omission of a member or an
employee of the United States armed forces
was done in the performance of official duty
or as to whether the use of any vehicle of
the United States armed forces was un-
authorized, the question shall be submitted
to an arbitrator appointed in accordance
with paragraph 2(b) of this Article, whose
decision on this point shall be final and
conclusive.
9. (a) The United States shall not claim
immunity from the jurisdiction of the courts
of Japan for members or employees of the
United States armed forces in respect of the
civil jurisdiction of the courts of Japan
except to the extent provided in paragraph
5 (f) of this Article.
(b) In case any private movable prop-
erty, 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 authorities of the United States
and Japan shall cooperate in the procure-
ment, of evidence for a fair hearing and
disptal of claims under this article.
10. Disputes arising out of contracts con-
cerning the procurement of materials, sup-
plies, 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, provided that the
provisions of this paragraph shall not prej-
udice any right which the parties to the
contract may have to file a civil suit.
11. The term "defense services" used in
this Article is understood to mean for Japan
its Self-Defense Forces and for the United
States its armed forces.
12. Paragraphs 2 and 5 of this Article
shall apply only to claims arising incident
to non-combat activities.
13. The provisions of this Article shall
not apply to any claims which arose before
the entry into force of this Agreement. Such
claims shall be dealt with by the provisions
of Article XVIII of the Administrative
Agreement under Article III of the Security
Treaty between the United States of America
and Japan.
ARTICLE XIX
1. Members of the United States armed
forces, the civilian component, and their
dependents, shall be subject to the foreign
exchange controls of the Government of
Japan.
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 of-
ficial 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 Sand 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.
ARTICLE XX
1. (a) United States military payment
certificates denominated in dollars may be
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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 Government of
the United States 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 reg-
ulations. The Government of Japan 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 mem-
bers of the United States armed forces, the
civilian component, or their dependents, who
tende' military payment certificates to un-
authorized persons and that no obligation
will be due to such unauthorized persons or
to the Government of Japan 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 may
designate certain American financial institu-
tions to maintain and operate, under United
States supervision, facilities for the use of
persons authorized by the United States to
use military payment certificates. Institu-
tions 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 cur-
rency bank accounts and to perform all
financial transactions in connection there-
with including receipt and remission of funds
to the extent provided by Article XIX,
paragraph 2, of this Agreement.
ARTICLE XXI
The United States may 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 transmission of mail
between United States military post offices
in Japan and between such military post
offices and other United States post offices.
ARTICLE XXII
The United States may enroll and train
eligible United States citizens residing in
Japan, who apply for such enrollment, in the
reserve organizations of the armed forces of
the United States.
ARTICLE XXIII
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 de-
pendents, and their property. The Govern-
ment of Japan 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 instal-
lations, equipment, property, records and
official information of the United States,
and for the punishment of offenders under
the applicable laws of Japan.
ARTICLE XXIV
1. It is agreed that the United States will
bear for the duration of this Agreement
without cost to Japan all expenditures inci-
dent to the maintenance of the United States
armed forces in Japan except those to be
borne by Japan as provided in paragraph 2.
2. It is agreed that Japan will furnish for
the duration of this Agreement without cost
to the United States and make compensation
where appropriate to the owners and sup-
pliers thereof all facilities and areas and
rights of way, including facilities and areas
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S
jointly used such as those at airfields and
ports, as provided in Articles II and III.
3. It is agreed that arrangements will be
effected between the Governments of the
United States and Japan for accounting
applicable to financial transactions arising
out of this Agreement.
ARTICLE XXV
1. A Joint Committee shall be established
as the means for consultation between the
Government of the United States and the
Government of Japan on all matters requir-
ing mutual consultation regarding the imple-
mentation 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 of the Treaty of Mutual
Cooperation and Security.
2. The Joint Committee shall be composed
of a representative of the Government of
the United States and a representative of the
Government of Japan, each of whom shall.
have one or more deputies and a staff. The
Joint Committee shall determine its own
procedures, and 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 representa-
tive of either the Government of the United
States or the Government of Japan.
3. If the Joint Committee is unable to
resolve any matter, it shall refer that matter
0
to the respective Governments for further
consideration through appropriate channelt,
ARTICLE XXVI
1. This Agreement shall be approved by
the United States and Japan in accordance
with then legal procedures, and notes
indicating', such approval, shall be exchanged.
2. After the procedure set forth in the
preceding .paragraph has been followed, this
Agreement will enter into force on the date
of coming into force of the Treaty of Mutual
Cooperation and Security, at which time the
Administrative Agreement under Article III
of the Security Treaty between the United
States of America and Japan, signed at
Tokyo on February 18, 1952, as amended,
shall expire.
3. The Government of each Party to this
Agreement undertakes to seek from its
legislature necessary budgetary and legisla-
tive action with respect to provisions of this
Agreement which require such action for
their execution.
ARTICLE XXVII
Either Government may at. any time
request the revision of any Article of this
Agreement, in which case the two Govern-
ments shall enter into negotiation through
appropriate channels.
ARTICLE XXVIII
This Agreement, and agreed revisions
thereof, shall remain in force while the
Treaty of Mutual Cooperation and Security
remains in force unless earlier terminated by
agreement between the two Governments.
In witness whereof the undersigned Plenipotentiaries have signed this
Agreement.
Done at Washington, in duplicate, in the English and Japanese
languages, both texts equally authentic, this 19th -day of January, 1960.
FOR THE UNITED STATES OF AMERICA:
Christian A. Herter
Douglas MacArthur II
Nobusuke Kishi
Aiichiro Fujiyama
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Agreed Minutes to the -Agreement Under Article VI of
the Treaty of Mutual Cooperation and Security Between
Japan and the United States of America, Regarding
Facilities and Areas. and the Status of United States
Armed Forces in Japan
The Plenipotentiaries of Japan and:. the
United States of America wish to record the.
following understanding which they have
reached during the negotiations for the
Agreement under Article VI of .the Treaty
of Mutual Cooperation and Security between
Japan and the United States' of America,
Regarding Facilities and Areas and the
Status of United States Armed Forces in
Japan, signed today :
ARTICLE III
The measures that may be taken by the
United States under paragraph 1 shall, to
the extent necessary to accomplish the pur-
poses of this Agreement, include, inter alia,
the following:
1. To construct (including dredging and
filling), operate, maintain, utilize, occupy,
garrison and control the facilities and areas;
2. To remove buildings or structures, make
alterations, attach fixtures, or erect addi-
tions thereto and to construct any additional
buildings or structures together with auxili-
ary facilities ;
3. To improve and deepen the harbors,
channels, entrances and anchorages, and to
construct or maintain necessary roads and
bridges affording access to such facilities
and areas;
4. To control (including measures to pro-
hibit) in so far as may be required by mili-
tary necessity for the efficient operation and
safety of the facilities and areas, anchorages,
moorings, landings, takeoffs and operation of
ships. .;and ..waterborne craft, aircraft and
other vehicles ,on water, in the air or oniand
comprising, orin the..vicinity of the facilities
and areas'
5. To. construct on rights of way utilized
by- the United States such wire and. radio
communications facilities, including sub-
marine and subterranean cables, pipe lines
and spur tracks from railroads, as may be
required for military purposes; and
6. To construct, install, maintain and em-
ploy in any facility or area any type of in-
stallation, weapon, substance, device, vessel
or vehicle on or under the ground, in the air
or on or under the water that may be requi-
site or appropriate, including meteorological
systems, aerial and water navigation lights,
radio and radar apparatus and electronic
devices.
ARTICLE V
1. "United States and foreign vessels-
operated by, for, or under the control of the
United States for official purposes" mean
United States public vessels and chartered
vessels (bare boat charter, voyage charter
and time charter) . Space charter is not
included. Commercial cargo and private
passengers are carried by them only in ex-
ceptional cases.
2. The Japanese ports mentioned herein
will ordinarily mean "open ports".
3. The exemption from making "appro-
priate notification" will be applicable only to
exceptional cases where such is required for
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security of the United States armed forces or
similar reasons.
4. The laws and regulations of Japan will
be applicable except as specifically provided
otherwise in this Article.
ARTICLE VII
The problem of telecommunications rates
applicable to the United States armed forces
will continue to be studied (by the Joint
Committee) in the light of, inter alia, the
statements concerning Article VII recorded
in the official minutes of the Tenth (meeting
of the) Joint Meeting for the Negotiation of
the Administrative Agreement signed on
February 28, 1952, which are hereby incorpo-
rated by reference.
ARTICLE IX
The Government of Japan will be notified
at regular intervals, in accordance with pro-
cedures to be agreed between the two
Governments, of numbers and categories of
persons entering and departing.
ARTICLE XI
1. The quantity of goods imported under
paragraph 2 by the organizations provided
for in Article XV for the use of the members
of the United States armed forces, the civil-
ian component, and their dependents shall be
limited to the extent reasonably required for
such use.
2. Paragraph 3(a) does not require con-
current shipment of goods with travel of
owner nor does it require single loading or
shipment.
3. The term "military cargo" as used in
paragraph 5 (c) is not confined to arms and
equipment but refers to all cargo shipped to
the United States armed forces on a United
States Government bill of lading, the term
"military cargo" being used to distinguish
cargo shipped to the United States armed
forces from cargo shipped to other agencies
of the United States Government.
4. The United States armed forces will
take every practicable measure to ensure that
goods will not be imported into Japan by or
for the members of the United States armed
forces, the civilian component, or their de-
pendents, the entry of which would be in
violation of Japanese customs laws and reg-
ulations: The United States armed forces
will promptly notify the Japanese customs
authorities whenever the entry of such goods
is discovered.
I -
5. The Japanese customs authorities may,
if they consider that there has been an abuse
or infringement in connection with the entry
of goods under Article XI, take up the matter
with the appropriate authorities of the
United States armed forces.
6. The words "The United States armed
forces shall render all assistance within their
power etc." in paragraph 9 (b) and (c) refer
to reasonable and practicable measures by
the United States armed forces.
ARTICLE XII
1. The United States armed forces will
furnish the Japanese authorities with appro-
priate information as far in advance as
practicable on anticipated major changes in
their procurement program in Japan.
2. The problem of a satisfactory settle-
ment of difficulties with respect to procure-
ment contracts arising out of differences
between Japanese and United States economic
laws and business practices will be studied
by the Joint Committee or other appropriate
persons.
3. The procedures for securing exemptions
from taxation on purchases of goods for ulti-
mate use by the United States armed forces
will be as follows:
(a) Upon appropriate certification by
the United States armed forces that mate-
rials, supplies and equipment consigned to or
destined for such forces, are to be used, or
wholly or partially used up, under the super-
vision of such forces, exclusively in the exe-
cution of contracts for the construction,
maintenance or operation of the facilities and
areas referred to in Article II or for the
support of the forces therein or are ultimate-
ly to be incorporated into articles or facilities
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used by such forces, an authorized represent-
ative of such forces shall take delivery of
such materials, supplies and equipment
directly from manufacturers thereof. In
such circumstances the collection of com-
modity and gasoline taxes shall be held in
abeyance
(b) The receipt of such materials, sup-
plies and equipment in the facilities and areas
shall be confirmed by an authorized officer
of the United States armed forces to the
Japanese authorities.
(c) Collection of commodity and gaso-
line taxes shall be held in abeyance until
(1) The United States armed forces
confirm and certify the quantity
or degree of consumption of the
above referred to materials, sup-
plies and equipment, or
(2) The United States armed forces
confirm and certify the amount
of the above referred to materials,
supplies, and equipment which
have been incorporated into arti-
cles or facilities used by United
States armed forces.
(d) Materials, supplies, and equipment
certified, under c (l) or (2) shall be exempt
from commodity and gasoline taxes insofar
as the price thereof is paid out of United
States Government appropriations or out of
funds contributed by the Japanese Govern-
ment for disbursement by the United States.
4. The Government of the United States
shall ensure that the Government of Japan is
reimbursed for costs incurred under relevant
contracts between appropriate authorities of
the Government of Japan and the organiza-
tions provided for in Article XV in connec-
tion with the employment of workers to be
provided for such organizations.
5. It is understood that the term "the
legislation of Japan" mentioned in paragraph
5, Article XII includes decisions of the courts
and the Labor Relations Commissions of
Japan, subject to the provisions of paragraph
6, (and 7,) Article XII.
G. It is understood that the provisions of
Article XII, paragraph 6 shall apply only to
discharges for security reasons including
disturbing the maintenance of military. dis-
cipline within the facilities and areas used
by the United States armed forces.
7. It is understood that the organizations
referred to in Article XV will be subject to
the procedures of paragraph 6 on the basis
of mutual agreement between the appropriate
authorities.
ARTICLE XIII
With respect to Article XIII paragraph 2
and Article XIV paragraph 7, income paya-
ble in Japan as a result of service with or
employment by the United States armed
forces or by the organizations provided for
in Article XV, or under contract made in the
United States with the United States Govern-
ment, shall not be treated or considered as
income derived from Japanese sources.
ARTICLE XV
The facilities referred to in paragraph 1
may be used by other officers and personnel
of the United States Government ordinarily
accorded such privileges abroad.
ARTICLE XVII
Re paragraph 1(a) and paragraph 2(a)
The scope of persons subject to the mili-
tary laws of the United States shall be com-
municated, through the Joint Committee, to
the Government of,Japan by the Government
of the United States.
Re paragraph 2(c)
Both Governments shall inform each other
of the details of all the security offenses
mentioned in this subparagraph and the
provisions. governing such offenses in the
existing laws of their respective countries.
Re paragraph 3(a) (ii) :
Where a member of the United States
armed forces or the civilian component is
charged with an offense, a certificate issued
by or on behalf of his commanding officer
stating that the alleged offense, if commit-
ted by him, arose out of an act or omission
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done in the performance of official duty,
shall, in any judicial proceedings, be suffi-
cient evidence of the fact unless the contrary
is proved.
The above statement shall not be inter-
preted to prejudice in any way Article 318
of the Japanese Code of Criminal Procedure.
Re paragraph 3(c)-
1. Mutual procedures relating to waivers
of the primary right to exercise jurisdiction
shall be determined by the Joint Committee.
2. Trials of cases in which the Japanese
authorities have waived the primary right
to exercise jurisdiction, and trials of cases
involving offenses described in paragraph
3(a) (ii) committed against the State or
nationals of Japan shall be held promptly in
Japan within a reasonable distance from the
places where the offenses are alleged to have
taken place unless other arrangements are
mutually agreed upon. Representatives of
the Japanese authorities may be present at
such trials.
Re paragraph 4:
Dual nationals, United States and Japa-
nese, who are subject to the military law of
the United States and are brought to Japan
by the United States shall not be considered
as nationals of Japan, but shall be considered
as United States nationals for the purposes
of this paragraph.
Re paragraph 5:
1. In case the Japanese authorities have
arrested an offender who is a member of the
United States armed forces, the civilian
component, or a dependent subject to the
military law of the United States with re-
spect to a case over which Japan has the
primary right to exercise jurisdiction, the
Japanese authorities will, unless they deem
that there is adequate cause and necessity to
retain such offender, release him to the
custody of the United States military au-
thorities provided that he shall, on request,
be made available to the Japanese authorities,
if such be the condition of his release. The
United States authorities shall, on request,
transfer his custody to the Japanese
authorities at the time he is indicated by
the latter.
2. The United States military authorities
shall promptly notify the Japanese authori-
ties of -;:the arrest of any member of the
United States armed forces, the civilian
component or a dependent in any case in
which" Japan has the primary right to
exercise jurisdiction.
Re paragraph 9:
1. The rights enumerated in items (a)
through (e) of this paragraph are guaran-
teed to all persons on trial in Japanese courts
by the provisions of the Japanese Constitu-
tion. In addition to these rights, a member
of the United States armed forces, the civil-
ian component or a dependent who is pro-
secuted under the jurisdiction of Japan shall
have such other rights as. are guaranteed
under the laws of Japan to all persons on trial
in Japanese courts. Such additional rights
include the following which are guaranteed
under the Japanese Constitution:
(a) He shall not be arrested or de-
tained without being at once informed of the
charge against him or without the immediate
privilege of counsel ; nor shall he be detained
without adequate cause; and upon demand
of any person such cause must be immediate-
ly shown in open court in his presence and
the presence of his counsel;
(b) He shall enjoy the right to a public
trial by an impartial tribunal;
(c) He shall not be compelled to testify
against himself ;
(d) He shall be permitted full oppor-
tunity to examine all witnesses;
(e) No cruel punishments shall be im-
posed upon him.
2. The United States authorities shall have
the right upon request to have access at any
time to members of the United States armed
forces, the civilian component, or their de-
pendents who are confined or detained under
Japanese authority.
3. Nothing in the provisions of para-
graph 9(g) concerning the presence of a
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representative of the United States Govern-
ment at the trial of a member of the United
States armed forces, the civilian component
or a dependent prosecuted under the jurisdic-
tion of Japan, shall be so construed as to
prejudice the provisions of the Japanese
Constitution with respect to public trials.
Re paragraphs 10(a) and 10(b)
1. The United States military authorities
will normally make all arrests within facili-
ties and areas in use by and guarded under
the authority of the United States armed
forces. This shall not preclude the Japanese
authorities from making arrests within facil-
ities and areas in cases where the competent
authorities of the United States armed forces
have given consent, or in cases of pursuit
of a flagrant offender who has committed a
serious crime.
Where persons whose arrest is desired by
the Japanese authorities and who are not
subject to the jurisdiction of the United
States' armed forces are within facilities and
areas, in use by the United States armed
forces, the United States military authorities
will undertake, upon request, to arrest such
persons: All persons arrested by the United
States military authorities, who are not sub-
ject to the jurisdiction of the United States
armed forces, shall immediately be turned
over to the Japanese authorities.
The United States military authorities
may, under due process of law, arrest in the
vicinity of a facility or area any person in the
commission or attempted commission of an
offense against the security of that facility
or area. Any such person not subject to the
jurisdiction of the United States armed
forces shall immediately be turned over to
the Japanese authorities.
2. The Japanese authorities will normally
not exercise the right of search, seizure, or
inspection with respect to any persons or
property within facilities and areas in use
by and guarded under the authority of the
Washington, January 19, 1960
United States armed forces or with respect
to property of the United States armed
forces wherever situated, except in cases
where the competent authorities of the
United States armed forces consent to such
search, seizure, or inspection by the Japanese
authorities of such persons or property.
Where search, seizure, or inspection with
respect to persons or property within facili-
ties and areas in use by the United States
armed forces or with respect to property of
the United States armed forces in Japan is
desired by the Japanese authorities, the
United States military authorities will un-
dertake, upon request, to make such search,
seizure, or inspection. In the event of
judgment concerning such property, except
property owned or utilized by the United
States Government or its instrumentalities,
the United States will turn over such prop-
erty to the Japanese authorities for disposi-
tion in accordance with the judgment.
ARTICLE XIX
Payment in Japan by the United States
armed forces and by those organizations pro-
vided in Article XV to persons other than
members of the United States armed forces,
civilian component, their dependents and
those persons referred to in Article XIV shall
be effected in accordance with the Japanese
Foreign Exchange Control Law and regula-
tions. In these transaction the basic rate of
exchange shall be used.
ARTICLE XXI
United States military post offices may be
used by other officers and personnel of the
United States Government ordinarily accord-
ed such privileges abroad.
ARTICLE XXIV
It is understood that nothing in this Agree-
ment shall prevent the United States from
utilizing, for the defrayment of expenses
which are to be borne by the United States
under this Agreement, dollar or yen funds
lawfully acquired by the United States.
(Initials)
(Initials)
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EXCHANGE OF NOTES INCORPORATING AGREED
CONSULTATION FORMULA
(Japanese Note)
Excellency :
I. have the honour to refer to the Treaty
of Mutual Cooperation .and Security between
Japan and . the ' United States of America
signed today, and to inform Your Excellency
that the following is the understanding of
the Government of Japan concerning the
implementation of Article VI thereof
Major changes in the deployment into
Japan of United States armed forces, major
changes in their equipment, and the use of
'facilities and areas in Japan as bases for
military combat operations to. be under-
taken from Japan other than those con-
ducted under Article V of the said Treaty,
shall be the subjects of prior consultation
with the Government of Japan.
I should be appreciative if Your Excellency
would confirm on behalf of your Government
that this is also the understanding of the
Government of the United States of America.
I avail myself of this opportunity to renew
to Your Excellency the assurance of my
highest consideration.
(U. S. Reply)
Excellency :
I have the honor to acknowledge the re-
ceipt of Your Excellency's Note of today's
date, which reads as follows:
. (Text of Note)
I have the honor to confirm on behalf of
my Government that the foregoing is also
the understanding of the Government of the
United States of America.
Accept, Excellency, the renewed assur-
ances of my highest consideration.
Washington, January 19,. 1960.
25
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EXCHANGE OF NOTES PROVIDING FOR CONTINUANCE IN
EFFECT OF ACHESON-YOSHIDA EXCHANGE OF NOTES
Excellency :
(U. S. Note)
Unified Command of the United Nations
established pursuant to the Security Council
i esolution of July 7, 1950, and their status
in Japan are governed by arrangements made
pursuant to the Treaty of Mutual Cooperation
and Security.
I have the honor to refer to the Security
Treaty between the United States of America
and Japan signed at the city of San Francisco
on September 8, 1951, the exchange of notes
effected on the same date between Mr. Shi-
geru Yoshida, Prime Minister of Japan, and
Mr. Dean. Acheson, Secretary of State of the
United States of America and the Agreement
Regarding the Status of the United Nations
Forces in Japan signed at Tokyo on Feb-
ruary 19, 1954, as. well as the Treaty of
Mutual Cooperation and S -eurity between
the United States of America and Japan
signed-today. It is the understanding of my
Government that:
1. The above-mentioned exchange of notes
will continue to be in force so long as the
Agreement Regarding the Status of the.
United Nations Forces in Japan remains in
force.
2. The expression "those facilities and
areas the use of which is provided to the
United States of America under the Security
Treaty between Japan and the United States
of America" in Article V, paragraph 2 of
the above-mentioned Agreement is under-
stood to mean the facilities and the areas
the use of which is granted to the United
States of America under the Treaty of
Mutual Cooperation and Security.
3. The use of the facilities and areas by
the United States armed forces under the
I should be grateful if Your Excellency
could confirm on behalf of your Government
that the understanding of . my Government`
stated in the foregoing numbered paragraphs
is also the understanding of your Govern'ment and that this understanding shall enter
into operation on the. date of"the entry into
force of the Treaty of Mutual ` Cooperation
and Security signed at Washington,' January
19 1960.
Accept, Excellency, the renewed, assu_ r-
aces. of my highest consideration.
(Japanese Reply)
Excellency:
I have the honour to acknowledge the re-
ceipt of Your Excellency's Note of today's
date, which reads as follows:
(Text of U. S. Note)
I have the honour to confirm on behalf of
my Government that the foregoing is also
the understanding of the Government of
Japan.
I avail myself of this opportunity to renew
to Your Excellency the assurance of my
highest consideration.
Washington, January 19, 1960.
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ti
EXCHANGE OF NOTES PROVIDING FOR THE SETTLEMENT OF
CERTAIN CLAIMS AGAINST THE UNITED STATES FORCES
BY FORMER EMPLOYEES
(U.. S. Note)
Excellency :
I have the honor to refer to paragraph 6
(d) of Article XII of the Agreement under
Article VI of the Treaty of Mutual Coopera-
tion and Security between the United States
of America and Japan, Regarding Facilities
and Areas and' the Status of United States
Armed Forces in, Japan, signed today. The
second sentence of the said paragraph pro-
vides that "in such case the Government of
the United States shall pay to the Govern-
meet of Japan an amount equal to the cost
of employment of the worker for a period
of time to be agreed between the two
Governments."
I wish to propose on behalf of the Govern-
ment of the United States that the period
of time mentioned. above shall not exceed one
year after the notification provided for in
paragraph 6(b) of Article XII of the above-
cited Agreement, and may be determined in
the consultations under paragraph 6 (c) of
Article XII above on the basis of mutually
agreeable criteria.
If the proposal made herein is acceptable
to the Government of Japan, this Note and
Your Excellency's reply to that effect shall
be considered as constituting an agreement
between the two Governments.
Accept, Excellency, the renewed assurances
of my highest consideration.
(Japanese Reply)
Excellency :
I have the honour to acknowledge the re,-
ceipt of Your Excellency's Note of today's
date, which reads as follows:
(Text of U. S. Note)
I have the honour to inform Your Excel-
lency that the Government of Japan accepts
the above proposal of the Government of the
United States, and to confirm that your Note
and this reply are considered as constituting
an agreement between the two Governments.
I avail myself of this opportunity to renew,
to Your Excellency the assurance of my
highest consideration.
Washington, January 19,
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EXCHANGE OF NOTES REVISING REFERENCES TO THE
SECURITY TREATY IN THE MUTUAL. DEFENSE
ASSISTANCE AGREEMENT.
(U. S. Note)
Excellency :
I have the honor to refer to the Treaty of
Mutual Cooperation and Security between
the United States of America and Japan
signed today. It is the understanding of the
Government of the United States of America
that references to the Security Treaty. be-
tween the United States of America and
Japan, ' signed' at San Francisco on September
8, 1951, and to the Administrative Agree-
)rent under Article III of the Security Treaty
between the United States of America and
Japan, appearing in the Mutual Defense
Assistance Agreement between the United
States of America and Japan, signed at
Tokyo on March 8, 1954, shall be considered
to be references to the corresponding provi-
sions, if any, of the Treaty of Mutual
Cooperation and Security and of the Agree-
ment under Article VI of the Treaty of
Mutual Cooperation and Security between
the United States of America and Japan, Re=
garding Facilities and Areas and the Status
of United States Armed Forces in Japan.
I should be appreciative if Your Excellency
would confirm on behalf of your Government
that this is also the understanding of the
Government of Japan and that this under-
standing shall enter into operation on the
date of the entry into force of the Treaty of
Mutual Cooperation and Security.
Accept, Excellency, the renewed assurances
of my highest consideration.
(Japanese. Reply)
Excellency :
I, have the honour to acknowledge the re-
ceipt of Your Excellency's Note of today's
date, which reads as follows :
(Text of U. S. Note)
I have further the honour to confirm on
behalf of my Government that the fore-
going is also the understanding of the
Government of Japan.
I avail myself of this opportunity to renew
to Your Excellency the assurance of my
highest consideration.
Washington, January 19, 1960.
28
Declassified and Approved For Release 2012/10/24: CIA-RDP07-00469R000100950001-2
 Declassified and Approved For Release 2012/10/24: CIA-RDP07-00469R000100950001-2
r
EXCHANGE OF NOTES RE ESTABLISHMENT OF THE
SECURITY CONSULTATIVE ~CO:MMITTEE
(Japanese Note)
Dear Secretary Herter:
I wish to refer to the Treaty of Mutual
Cooperation and Security between Japan and
the United States of America signed today.
Under Article IV of the Treaty, the two
Governments will consult together from time
to time regarding the implementation of the
Treaty, and, at the request of either Govern-
ment, whenever the security of Japan or
international peace and security in the Far
East is threatened. The exchange of notes
under Article VI of the Treaty specifies
certain matters as the subjects of prior con-
sultation with the Government of. Japan.
Such consultations will be carried on
between the two Governments through ap-
propriate channels. At the same time,
however, I feel that the establishment of a
special committee which could as appropri-
ately be used for these consultations between
the Governments would prove very useful.
might be called "The Security Consultative
Committee". I would also recommend that
the membership of this new committee be the
same as the membership of the "Japanese-
American Committee on Security", namely
on the Japanese side, the Minister for
Foreign Affairs, who will preside on the
Japanese side, and the Director General of
the Defense Agency, and on the United
States side, the United States Ambassador
to Japan, who will serve as chairman on the
United States side, and the Commander-in-
Chief, Pacific, who will be the Ambassador's
principal advisor on military and defense
matters. The Commander, United States
Forces, Japan, will serve as alternate for the
Commander-in-Chief, Pacific.
I would appreciate very much your views
on this matter.
Yours sincerely,
(U. S. Reply)
This. committee, which would meet whenever Dear. Mr. Prime Minister :
requested by either side, could also consider
any matters underlying and related to secu-
rity affairs which would serve .to promote
understanding between the' two Governments
and contribute. to the strengthening of coop=
erative relations between the two countries
in the field of security.
Under this proposal the present "Japanese-
American Committee on Security" estab-
lished by the Governments of the United
States and Japan on August 6, 1957, would
be replaced by this new committee which
The receipt is acknowledged of your note
of today's date suggesting the establishment
of "The Security Consultative Committee".
I fully agree to your proposal and share your
view that such a committee can contribute
to strengthening the cooperative relations
between the two countries in the field of
security. I also agree to your proposal re-
garding the membership of this committee.
Most sincerely,
Washington, January 19, 1960.
Declassified and Approved For Release 2012/10/24: CIA-RDP07-00469R000100950001-2