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ARTICLE XXIV

In the event of hostilities, or imminently threatened hostilities, in the Japan area, the Governments of the United States and Japan shall immediately consult together with a view to taking necessary joint measures for the defense of that area and to carrying out the purposes of Article I of the Security Treaty.

ARTICLE XXV

1. It is agreed that the United States will bear for the duration of this Agreement without cost to Japan all expenditures incident to the maintenance of the United States armed forces in Japan except those to be borne by Japan as provided in paragraph 2.

2. It is agreed that Japan will:

(a) Furnish for the duration of this Agreement without cost to the United States and make compensation where appropriate to the owners and suppliers thereof all facilities, areas and rights of way, including facilities and areas jointly used such as those at airfields and ports, as provided in Articles II and III.

(b) Make available without cost to the United States, until the effective date of any new arrangement reached as a result of periodic reexamination, an amount of Japanese currency equivalent to $155 million per annum for the purpose of procurement by the United States of transportation and of the requisite services and supplies in Japan. The rate of exchange at which yen payments will be credited shall be the official par value, or that rate considered most favorable by the United States which on the day of payment is available to any party, authorized by the Japanese Government or used in any transaction with any party by the Japanese Government or its agencies or by Japanese banks authorized to deal in foreign exchange, and which, if both countries have agreed par values with the International Monetary Fund, is not prohibited by the Articles of Agreement of the Fund.

3. It is agreed that arrangements will be effected between the Governments of the United States and Japan for accounting applicable to financial transactions arising out of this Agreement.

ARTICLE XXVI

1. A Joint Committee shall be established as the means for consultation between the United States and Japan on all matters requiring mutual consultation regarding the implementation of this Agreement. In particular, the Joint Committee shall serve as the means for consultation in determining the facilities and areas in Japan which are required for the use of the United States in carrying out the purposes stated in Article I of the Security Treaty.

2. The Joint Committee shall be composed of a representative of the United States and of Japan, each of whom shall have one or more deputies and a staff. The Joint Committee shall determine its own

procedures, and arrange for such auxiliary organs and administrative services as may be required. The Joint Committee shall be so organized that it may meet immediately at any time at the request of the representative of either the United States or Japan.

3. If the Joint Committee is unable to resolve any matter, it shall refer that matter to the respective Governments for further consideration through appropriate channels.

ARTICLE XXVII

1. This Agreement shall come into force on the date on which the Security Treaty between the United States and Japan enters into force.1

2. Each party to this Agreement undertakes to seek from its legislature necessary budgetary and legislative action with respect to provisions of this Agreement which require such action for their execution.

ARTICLE XXVIII

Either party may at any time request the revision of any Article of this Agreement, in which case the two Governments shall enter into negotiation through appropriate channels.

ARTICLE XXIX

This Agreement, and agreed revisions thereof, shall remain in force while the Security Treaty remains in force unless earlier terminated by agreement between the parties.

In witness whereof the representatives of the two Governments, duly authorized for the purpose, have signed this Agreement.

Done at Tokyo, in duplicate, in the English and Japanese languages, both texts authentic, this twenty-eighth day of February,

1952.

48. INTERIM SECURITY ARRANGEMENTS UPON TERMINATION OF ALLIED OCCUPATION: Exchange of Notes Between the Special Representative 2 of the President of the United States and the Japanese Foreign Minister,3 February 28, 1952 *

EXCELLENCY:

United States Note

4

I have the honor to refer to our discussion on the terms of the Administrative Agreement signed today, in which Your Excellency stated as the opinion of the Japanese Government that, as the occu

1 Apr. 28, 1952.

2 Dean Rusk.

3 Katsuo Okazaki.

♦ TIAS 2492; 3 UST, pt. 3, p. 3413.

pation of Japan by the Allied Powers comes to an end on the coming into force for the Treaty of Peace with Japan,' the use of facilities and areas by United States forces on the basis of occupation requisition also comes to an end on the same date; thereafter, the use of facilities and areas by United States forces must be based upon agreement between the two Governments, subject to the rights which each might have under the Treaty of Peace with Japan, the Security Treaty, and the Administrative Agreement.3 I hereby confirm that such is also the opinion of the United States Government.

2

In Article II, paragraph 1, of the Administrative Agreement it is stipulated that, "Agreements as to specific facilities and areas, not already reached by the two Governments by the effective date of this Agreement, shall be concluded by the two Governments through the Joint Committee provided for in Article XXVI of this Agreement." The United States Government is confident that our two Governments are agreed that consultation shall be on an urgent basis in order to complete such arrangements at the earliest possible date. With this in mind, the United States Government is prepared to join with the Japanese Government in constituting a Preliminary Working Group, consisting of a representative and the necessary staff from each Government, to begin such consultations immediately, with the understanding that the arrangements made by the Preliminary Working Group shall be put into effect as agreed and that the task of the Preliminary Working Group would be taken over by the Joint Committee upon the effective date of the Administrative Agreement.

However, unavoidable delays may arise in the determination and preparation of facilities and areas necessary to carry out the purposes stated in Article I of the Security Treaty. It would be much appreciated, therefore, if Japan would grant the continued use of those particular facilities and areas, with respect to which agreements and arrangements have not been completed by the expiration of ninety days after the effective date of the Treaty of Peace with Japan, pending the completion of such agreements and arrangements. Accept, Excellency, the assurances of my highest consideration.

His Excellency

KATSUO OKAZAKI,
Minister of State,
Tokyo.

DEAN RUSK

1 Treaty of Sept. 8, 1951; supra, pp. 425-440. The Treaty of Peace entered into force Apr. 28, 1952.

2 Treaty of Sept. 8, 1951; supra, pp. 885-886.

Agreement of Feb. 28, 1952; supra.

Japanese Note
Translation

THE GAIMUSHO

EXCELLENCY:

FEBRUARY 28, 1952.

I have the honor to acknowledge the receipt of Your Excellency's Note of today's date in which Your Excellency has informed me as follows:

[There follows the text of the note of the President's Special Representative.]

The Japanese Government fully shares the desire of the United States Government to initiate consultations on an urgent basis in order to complete arrangements for the use of facilities and areas at the earliest possible date. The Japanese Government agrees, therefore, to the immediate constitution of the Preliminary Working Group referred to in Your Excellency's Note, with the understanding that the arrangements made by the Preliminary Working Group shall be put into effect as agreed and that the task of the Preliminary Working Group would be taken over by the Joint Committee upon the effective date of the Administrative Agreement.

With full appreciation of the contents of Your Excellency's Note, I have the honor, on behalf of the Japanese Government, to confirm that the Japanese Government will grant to the United States the continued use of those particular facilities and areas, with respect to which agreements and arrangements have not been completed by the expiration of ninety days after the effective date of the Treaty of Peace with Japan, pending the completion of such agreements and arrangements.

Accept, Excellency, the assurances of my highest consideration. KATSUO OKAZAKI

His Excellency

DEAN RUSK,

Office of the Special Representative

of the President of the United States
Tokyo.

49. TERMINATION OF THE STATE OF WAR WITH JAPAN: Presidental Proclamation No. 2974, April 28, 19521

WHEREAS by Proclamation No. 2352 of September 8, 1939,2 the President proclaimed the existence of a national emergency in connection with and to the extent necessary for the proper observance,

166 Stat. C31.

2 54 Stat., pt. 2, p. 2643.

safeguarding, and enforcing of the neutrality of the United States of America and the strengthening of our national defense within the limits of peace-time authorizations; and

WHEREAS by Proclamation No. 2487 of May 27, 1941, the President proclaimed the existence of an unlimited national emergency, requiring that the military, naval, air, and civilian defenses of this country be put on the basis of readiness to repel any and all acts or threats of aggression directed toward any part of the Western Hemisphere; and WHEREAS acts of aggression against the United States of America by Axis Powers subsequently led to declarations by the Congress of the existence of states of war between the United States of America and Japan, Germany, Italy, Hungary, Rumania and Bulgaria;' and

2

6

7

WHEREAS the state of war between the United States of America and Japan, which was the last of the aforesaid states of war still existing, was terminated by the coming into force this day of the Treaty of Peace with Japan signed at San Francisco on September 8,

1951:

8

Now, THEREFORE, I, HARRY S. TRUMAN, President of the United States of America, do proclaim that the national emergencies declared to exist by the proclamations of September 8, 1939, and May 27, 1941, terminated this day upon the entry into force of the Treaty of Peace with Japan.

Nothing in this proclamation shall be construed to affect Proclamation No. 2914, issued by the President on December 16, 1950, declaring that world conquest by communist imperialism is the goal of the forces of aggression that have been loosed upon the world, and proclaiming the existence of a national emergency requiring that the military, naval, air, and civilian defenses of this country be strengthened as speedily as possible to the end that we may be able to repel any and all threats against our national security and to fulfill our responsibilities in the efforts being made through the United Nations and otherwise to bring about lasting peace; and nothing herein shall be construed to affect the continuation of the said emergency of September 8, 1939, as specified in the Emergency Powers Interim Continuation Act, approved April 14, 1952 (Public Law 313-82d Congress),10 for the purpose of continuing the use of property held under the Act of October 14, 1940, ch. 862, 54 Stat. 1125, as amended.

155 Stat., pt. 2, p. 1647.

2 Joint resolution of Dec. 8, 1941; A Decade of American Foreign Policy, p. 625. 3 Joint resolution or Dec. 11, 1941; ibid., p. 502.

▲ Ibid., p. 455.

Joint resolution of June 5, 1942; ibid., p. 482.

• Ibid.

7 Ibid.

8 Supra, pp. 425–440.

15 Fed. Reg. 9029.

10 66 Stat. 54.

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