驻日美军要是当街强奸一个日本少女，那日本警察能逮捕以及司法能审判这个美军吗？

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法律

日本

法院

审判

强奸

驻日美军要是当街强奸一个日本少女，那日本警察能逮捕以及司法能审判这个美军吗？

治外法权到底有多强？

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37 个回答

Update: 根据日美共同委员会对刑事裁判手续达成的协议，现在针对日美地位协定第17条（5）的内容，日方也有权向美军提请在正式起诉以前就移交犯罪嫌疑人（因为在以前有过因被告不在日方控制下最后因证据不足放弃起诉把案子交给美军自行审理的情况），而根据外务省通报这个协商机制已经有了一些实践案例。

另外，因为2016年在宇治流的强奸杀人案件犯案者是军属，2017年一项新的日美共同委员会协议达成，旨在强化对美政府雇员（非现役军人）和军队属员的身份管理，同时，常住地位于日本的平民（即前述案件被告人的类似情形）将被排除在军属序列以外。

@刘翔熙其实高赞（因为是匿名的所以我@不出来）说的并不完全对。情况具体应该是这样：

如果日本警察发现了一个强奸现行犯的美军，当然可以对其拘捕直到起诉。
如果事后该犯罪嫌疑者处于美军控制下，那么直到他被检察官起诉，他会置于美军的控制之下。
如果事后该犯罪嫌疑者并不处在美军之下并持续在日本国内潜逃，那么日本警察还可以继续搜捕，并在可能的情况下拘捕他直到起诉。
即使不能逮捕的情形，日本也可以根据日美地位协议要求驻日美军协助搜证。

然而需要注意的是，按照一部分学者基于合众国国务院记录的调查，日方在当年事实上放弃了除了“重要事件”以外的其他事件的司法权，这一点也有法务省相关资料作证（虽然并没有直接指明日本与美国有放弃司法权的相关密约）。

日美地位协议第十七条明确规定了日本国司法机关对于驻日本美军成员及其亲属或其依赖人在日本国境内的违反日本国法律的行为，都有审判权；其次，同协议第十七条之（3）规定了日本国司法机关在和美军军事司法机关拥有竞合审判权的领域内，日本司法机关对除了驻日美军及其亲属及其依赖人对合众国财产及美军成员及其亲属及其依赖人的犯罪行为，和驻日美军在执行公务期间发生的犯罪行为以外的违反日本国法律的犯罪行为，均具有优先审判权。强奸日本少女当然是在日本领土内发生的，对日本国民（非美军成员及其亲属或依赖人）的人身不受侵害的权利产生侵害，是触犯日本国刑法的犯罪，因此当然适用前言所述之优先审判。

至于逮捕，按照同条之(5).c 规定，在日本检方正式向法院提起公诉之前，被告的美军成员及其亲属若在美军的控制之下，则应维持此种状态直至日本检察官提起公诉为止。也就是说日本警察不能再拘捕犯罪后处于美军控制下的犯罪人。然，若该犯罪嫌疑人人事后并没有逃回美军控制之下（一般而言就是美军施设内），则日本警察仍然可以在事后逮捕犯罪嫌疑人。同时，按照同条之（5）a, b 和同条之（6）所言，日美有义务就逮捕美军成员或其亲属及依赖人并引渡予施行司法权的一方和为司法程序之目的的搜证事宜互相给予协助。所以，日本并不是对于非现行犯的美军毫无办法。

编辑于 2018-08-23 18:04

很多回答都是出于自己的想像。

那我来举一个真实的案例，看是不是和你们想像的完全不一样？

下面图片中的这个人叫Michael Brown，是驻日本冲绳的海军陆战队少校。

一天晚上，他搭上了一个女人的车，请这个女人送他回基地。

但他却把这个女人指引到了一个荒凉之地，并试图强奸这个女人。

这个女人想要报警，但手机被他抢去，并扔到了河里。

这个女人开车逃跑，并找到了他的基地，向基地门口的警卫说有一名穿着美国海军陆战队少校军服的人企图强奸她，并且毁坏了她的手机。

到了这儿，是不是很多人会说此事由美军包办了？

事实是：基地警卫向日本警察报案，日本警察赶来带走了这个女人并进行询问。

后来，那名海军陆战队少校在日本警察局里接受了讯问。

日本警察对他发出了逮捕令，美军也把他正式交给了日本警方，而当时日本方面还没有正式指控他。

后来，日本地方法院判他有期徒刑一年，缓刑三年，罚款1400美元。

日本法官说之所以对他轻判，是因为他之前没有犯罪记录。

如果这个例子不够，你再看看这些：

最后这个就是我在前面讲的那个案例。

编辑于 2021-04-29 20:49

作为中国人都看不下去了。。。

发布于 2015-07-13 01:01

根据日美地位协定，日本没有权力逮捕和追诉犯罪、惹事的美国官兵。

其中第17条规定美军军人及军属在引发刑事案件时“在检查当局起诉之后”方可交出嫌疑犯。

发布于 2015-06-18 15:03

不能，日本人“可以”制止，但是没有逮捕的权利

而且49年以后，日本人最爱干的不就是当慰安妇么，美国人何必去强奸她们，倒贴上来的不上不完

编辑于 2018-08-18 17:12

不能，有一个纪录片就是讲这个的。

当时一个女警察自告奋勇要去抓这个恶棍，结果一进门就被制服。

发布于 2018-02-17 06:53

完事后扔五百日元就不算

发布于 2018-02-17 20:02

美军和日本是基于地位协定和安保条约的基础上，制定一堆协议来协调，大到驻防变动，小到单个案件也可以协调，

所以直接从实际情况看，时间越靠近现在，只要是恶性犯罪日本争取到司法权的可能性比较大，不管回没回基地。最近3年搜到的有命案的一个被判无期，一个在现场自杀（这日本总没啥判的了）。尼尔森中将鞠躬都鞠出日本人内味了。但是相比之下不那么严重的酗酒交通什么的，一般新闻都是美国“内部处理”。但是不管日本有没有争取到司法权，钱都要赔一部分。

根源在于美国军事主要地位依然没动摇，地位协定没有又多次更改但没有逆转或者拉平美军但特权。但其本身只将“同盟”不讲“占领”，日本政府也就接着这么糊弄。于是只能签协议，把美国弄到关岛去，再搬迁一下基地啥的。

总的来说这个问题上随着时间还是有点小变化，但根本上还得看美国把日本在同盟中的地位“提高”到什么程度。只要同盟存在就不可能逆转，但日本地位逐渐提高后获得更多一点司法权还是有可能的，所以再看吧。

发布于 2020-01-04 19:08

这是个典型的一班二班问题

哪怕我们都是人但是因为某些原因分成了一班二班三班四班大部分人仍旧保持正常作息生活但是少部分比如体育课代表比如班长比如这些周围的一两个“狗腿子”就会产生排外倾向在他们眼里只有本班是正义本班的人才是人

放到组织民族宗教国家一样都有这样的几个人

其他国其他势力就不是人他在为非作歹时很少会产生同理心等甚至极端的几岁对这样的人都不是问题

这就是人...

编辑于 2018-02-17 09:26

驻军基地可以理解为驻军国领土。

我给美军驻德基地发过包裹，包裹是这么走的》

先发到美国大陆，再分发回德国基地

编辑于 2020-02-21 16:37

日本外务省有明确解释：

Agreement regarding the Status of United States Armed Forces in Japan

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

Japan and the United States of America, pursuant to Article VI of the Treaty
of Mutual Cooperation and Security between Japan and the United States of
America 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-

"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.
"civilian component" means the civilian 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, Japanese and United

States, who are brought to Japan by the United States shall be considered

as United States nationals.
"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

(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 specific 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 between Japan and the United States of America, shall

be considered as facilities and areas agreed upon between the two Governments

in accordance with sub-paragraph (a) above.
At the request of either Government, the Governments of Japan and

the United States 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.
The facilities and areas used by the United States armed forces shall

be returned to Japan whenever they are no longer needed for purposes of

this Agreement, and the United States agrees to keep the needs for facilities

and areas under continual observation with a view toward such return.
(a) When facilities and areas are temporarily 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 provided

that it is agreed between the two 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

Within the facilities and areas, the United States may take all the

measures necessary for their establishment, operation, safeguarding and

control. In order to provide access for the United States armed forces to

the facilities and areas for their support, safeguarding and control, the

Government of Japan shall, at the request of the United States armed forces

and upon consultation 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.
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 territories of Japan.

All questions relating to frequencies, power and like matters used by apparatus

employed by the United States designed to emit electric radiation shall

be settled by arrangement between the appropriate 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 electronics required by the United

States armed forces.
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

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.
Japan is not obliged to make any compensation to the United States

for any improvements made in the facilities and areas or for the buildings

or structures left thereon on the expiration of this Agreement or the earlier

return of the facilities and areas.
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

United States and foreign vessels and aircraft operated by, for, or

under the control of the United States for official purposes shall be accorded

access to any port or airport of Japan free from toll or landing charges.

When cargo or passengers not accorded the exemptions of this Agreement are

carried on such vessels and aircraft, notification shall be given to the

appropriate Japanese authorities, and their entry into and departure from

Japan shall be according to the laws and regulations of Japan.
The vessels and aircraft mentioned in paragraph 1, United States Government-owned

vehicles including armor, and members of the United States armed forces,

the civilian component, and their dependents shall be accorded access to

and movement between facilities and areas in use by the United States armed

forces and between such facilities and areas and the ports 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.
When the vessels mentioned in paragraph 1 enter Japanese ports, appropriate

notification shall, under normal conditions, be made to the proper Japanese

authorities. Such vessels shall have freedom from compulsory pilotage, but

if a pilot is taken pilotage shall be paid for at appropriate rates.

ARTICLE VI

All civil and military air traffic control and communications systems

shall be developed in close coordination and shall be integrated to the

extent necessary for fulfillment of collective security interests. Procedures,

and any subsequent changes thereto, necessary to effect this coordination

and integration will be established by arrangement between the appropriate

authorities of the two Governments.
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 Japanese and United States

authorities which have established such navigation aids shall notify each

other of their positions and characteristics and shall give advance notifications

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 applicable 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 Governments:

Meteorological observations from land and ocean areas including observations from weather ships.
Climatological information including periodic summaries and the historical data of the Meteorological Agency.
Telecommunications service to disseminate meteorological information required for the safe and regular operation of aircraft.
Seismographic data including forecasts of the estimated size of tidal
waves resulting from earthquakes and areas that might be affected
thereby.

ARTICLE IX

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 provisions of this Article.
Members of the United States armed forces shall be exempt from Japanese

passport and visa laws and regulations. Members of the United States armed

forces, the civilian component, and their dependents shall be exempt from

Japanese laws and regulations on the registration and control of aliens,

but shall not be considered as acquiring any right to permanent residence

or domicile in the territories of Japan.
Upon entry into or departure from Japan members of the United States

armed forces shall be in possession of the following documents:

personal identity card showing name, date of birth, rank and number,

service, and photograph; and
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 presented on request to the appropriate Japanese authorities.

Members of the civilian component, their dependents, and the dependents

of members of the United States armed forces shall be in possession of appropriate

documentation issued by the United States authorities so that their status

may be verified by Japanese authorities upon their entry into or departure

from Japan, or while in Japan.
If the status of any person brought into Japan under paragraph 1 of

this Article is altered so that he would no longer be entitled to such admission,

the United States authorities shall notify the Japanese authorities and

shall, if such person be required by the Japanese authorities to leave Japan,

assure that transportation from Japan will be provided within a reasonable

time at no cost to the Government of Japan.
If the Government of Japan has requested the removal from its territory

of a member of the United States armed forces or civilian component or has

made an expulsion 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

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.
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.
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

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.
All materials, supplies and equipment imported by the United States

armed forces, the authorized procurement agencies of the United States armed

forces, or by the organizations provided for in Article XV, for the official

use of the United States armed forces or for the use of the members of the

United States armed forces, the civilian component, and their dependents,

and materials, supplies and equipment which are to be used exclusively 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

procurement agencies of the United States armed forces, or by the organizations

provided for in Article XV, or, in the case of materials, supplies and equipment

to be used exclusively by the United States armed forces or ultimately to

be incorporated into articles or facilities used by such forces, that delivery

thereof is to be taken by the United States armed forces for the purposes

specified above.
Property consigned to and for the personal use of members of the United

States armed forces, the civilian component, and their dependents, shall

be subject to customs duties and other such charges, except that no duties

or charges shall be paid with respect to:

Furniture and household goods for their private use imported by

the members of the United States armed forces or civilian component when

they first arrive to serve in Japan or by their dependents when they first

arrive for reunion with members of such forces or civilian component, and

personal effects for private use brought by the said persons upon entrance.
Vehicles and parts imported by members of the United States armed

forces or civilian component for the private use of themselves or their

dependents.
Reasonable quantities of clothing and household goods of a type

which would ordinarily be purchased in the United States for everyday use

for the private use of members of the United States armed forces, civilian

component, and their dependents, which are mailed into Japan through United

States military post offices.

The exemptions granted in paragraphs 2 and 3 shall apply only to cases

of importation of goods and shall not be interpreted as refunding customs

duties and domestic excises collected by the customs authorities at the

time of entry in cases of purchases of goods on which such duties and excises

have already been collected.
Customs examination shall not be made in the following cases:

Units of the United States armed forces under orders entering or

leaving Japan;
Official documents under official seal and official mail in United

States military postal channels;
Military cargo shipped on a United States Government bill of lading.

Except as such disposal may be authorized by the Japanese and United

States authorities in accordance with mutually agreed conditions, goods

imported into Japan free of duty shall not be disposed of in Japan to persons

not entitled to import such goods free of duty.
Goods imported into Japan free from customs duties and other such

charges pursuant to paragraphs 2 and 3, may be re-exported free from customs

duties and other such charges.
The United States armed forces, in cooperation with Japanese authorities,

shall take such steps as are necessary to prevent abuse of privileges granted

to the United States armed forces, members of such forces, the civilian

component, and their dependents in accordance with this Article.

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.
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.
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.
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 XII

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 supplies or construction work may, upon

agreement between the appropriate authorities of the two Governments, also

be procured through the Government of Japan.
Materials, supplies, equipment and services which are required from

local sources for the maintenance of the United States armed forces and

the procurement of which may have an adverse effect on the economy of Japan

shall be procured in coordination with, and, when desirable, through or

with the assistance of, the competent authorities of Japan.
Materials, supplies, equipment and services procured for official

purposes in Japan by the United States armed forces, or by authorized procurement

agencies of the United States armed forces upon appropriate certification

shall be exempt from the following Japanese taxes:

(a) Commodity tax

(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 appropriate 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 services procured by the United States armed forces

or for ultimate use by such forces, the two Governments will agree upon

a procedure for granting such exemption or relief therefrom as is consistent

with the purposes of this Article.

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.
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 concerning labor relations shall be

those laid down by the legislation of Japan.
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 Commission of Japan to the effect that the contract of

employment has not terminated become final, the following procedures shall

apply:

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:
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;
Upon such notification, the Government 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;
Should such a solution not be reached within a period of thirty

days from the date of commencement of the consultations 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.

Members of the civilian component shall not be subject to Japanese

laws or regulations with respect to terms and conditions of employment.
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.
Except as such disposal may be authorized by the Japanese and United

States authorities in accordance with mutually agreed conditions, goods

purchased in Japan exempt from the taxes referred to in paragraph 3, shall

not be disposed of in Japan to persons not entitled to purchase such goods

exempt from such tax.

ARTICLE XIII

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.
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 provided for in Article XV. The provisions

of this Article do not exempt such persons from payment of Japanese taxes

on income derived from Japanese sources, nor do they exempt United States

citizens who for United States income tax purposes claim Japanese residence

from payment of Japanese taxes on income. Periods during which such persons

are in Japan solely by reason of being members of the United States armed

forces, the civilian component, or their dependents shall not be considered

as periods of residence or domicile in Japan for the purpose of Japanese

taxation.
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

Persons, including corporations organized under the laws of the United

States, and their employees who are ordinarily resident in the United States

and whose presence in Japan is solely for the purpose of executing contracts

with the United States for the benefit of the United States armed forces,

and who are designated by the Government 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.
The designation referred to in paragraph 1 above shall be made upon

consultation with the Government of Japan and shall 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 unavailability

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:

upon completion of contracts with the United States for the United

States armed forces;
upon proof that such persons are engaged in business activities

in Japan other than those pertaining to the United States armed forces;

or
when such persons are engaged in practices illegal in Japan.

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:

Rights of accession and movement, as provided for in Article V,

paragraph 2;
Entry into Japan in accordance with the provisions of Article IX;
The exemption from customs duties, and other such charges provided

for in Article XI, paragraph 3, for members of the United States armed forces,

the civilian component, and their dependents;
If authorized by the Government of the United States, the right

to use the services of the organizations provided for in Article XV;
Those provided for in Article XIX, paragraph 2, for members of the

armed forces of the United States, the civilian component, and their dependents;
If authorized by the Government of the United States, the right

to use military payment certificates, as provided for in Article XX;
The use of postal facilities provided for in Article XXI;
Exemption from the laws and regulations of Japan with respect to

terms and conditions of employment.

Such persons and their employees shall be so described in their

passports and their arrival, departure and their residence while in Japan

shall from time to time be notified by the United States armed forces to

the Japanese authorities.
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.
Upon certification by an authorized officer of the United States

armed forces, such persons and their employees shall be exempt from taxation

in Japan on the holding, use, transfer by death, or transfer to persons

or agencies entitled to tax exemption under this Agreement, of movable property,

tangible or intangible, the presence of which in Japan is due solely to

the temporary 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 other business in Japan or to any intangible property registered in Japan.

There is no obligation under this Article to grant exemption from taxes

payable in respect of the use of roads by private vehicles.
The persons and their employees referred 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, maintenance, or operation of any of the facilities

or areas covered by this Agreement. The provisions of this paragraph do

not exempt such persons from payment of income or corporation taxes on income

derived from Japanese sources, nor do they exempt such persons and their

employees who, for United States income tax purposes, claim Japanese residence,

from payment of Japanese taxes on income. Periods during which such persons

are in Japan solely in connection with the execution of a contract with

the Government of the United States shall not be considered periods of residence

or domicile in Japan for the purposes of such taxation.
Japanese authorities shall have the primary right to exercise jurisdiction

over the persons and their employees referred to in paragraph 1 of this

Article in relation to offenses committed in Japan and punishable by the

law of Japan. In those cases in which the Japanese authorities decide not

to exercise such jurisdiction they shall notify the military authorities

of the United States as soon as possible. Upon such notification the military

authorities of the United States shall have the right to exercise such jurisdiction

over the persons referred to as is conferred on them by the law of the United

States.

ARTICLE XV

Navy exchanges, post exchanges, messes, social clubs, theaters,

newspapers, and other non-appropriated fund organizations authorized and

regulated by the United States military authorities may be established in

the facilities and areas in use by the United States armed forces for the

use of members of such forces, the civilian component, and their dependents.

Except as otherwise provided in this Agreement, such organizations shall

not be subject to Japanese regulations, license, fees, taxes or similar

controls.
When a newspaper authorized and regulated by the United States military

authorities is sold to the general public, it shall be subject to Japanese

regulations, license, fees, taxes or similar controls so far as such circulation

is concerned.

No Japanese tax shall be imposed on sales of merchandise and services

by such organizations, except as provided in paragraph 1 (b), but purchases

within Japan of merchandise and supplies by such organizations shall be

subject to Japanese taxes.
Except as such disposal may be authorized by the Japanese and United

States 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.
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 Agreement,

and, in particular, from any political activity in Japan.

ARTICLE XVII

Subject to the provisions of this Article,

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;
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.

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 relating

to its security, punishable by the law of the United States, but not by

the law of Japan.
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, including offenses

relating to the security of Japan, punishable by its law but not by the

law of the United States.
For the purposes of this paragraph and of paragraph 3 of this Article

a security offense against a State shall include

treason against the State;
sabotage, espionage or violation of any law relating to official

secrets of that State, or secrets relating to the national defense of that

State.

In cases where the right to exercise jurisdiction is concurrent

the following rules shall apply:

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

offenses solely against the property or security of the United States,

or offenses solely against the person or property of another member of the

United States armed forces or the civilian component or of a dependent;
offenses arising out of any act or omission done in the performance

of official duty.

In the case of any other offense the authorities of Japan shall

have the primary right to exercise jurisdiction.
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.

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.

The authorities of Japan and the military authorities of the United

States 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.
The authorities of Japan shall notify promptly the military authorities

of the United States of the arrest of any member of the United States armed

forces, the civilian component, or a dependent.
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.

The authorities of Japan and the military authorities of the United

States shall assist each other in the carrying out of all necessary investigations

into offenses, and in the collection and production of evidence, 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.
The authorities of Japan and the military authorities of the United

States shall notify each other of the disposition of all cases in which

there are concurrent rights to exercise jurisdiction.

A death sentence shall not be carried out in Japan by the military

authorities of the United States if the legislation of Japan does not provide

for such punishment in a similar case.
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.

Where an accused has been tried in accordance with the provisions

of this Article either by the authorities of Japan or the military authorities

of the United States 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 territory of Japan by the authorities

of the other State. However, nothing in this paragraph 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.
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:

to a prompt and speedy trial;
to be informed, in advance of trial, of the specific charge

or charges made against him;
to be confronted with the witnesses against him;
to have compulsory process for obtaining witnesses in his favor

if they are within the jurisdiction of Japan;
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;
if he considers it necessary, to have the services of a competent

interpreter; and
to communicate with a representative of the Government of the

United States and to have such a representative present at his trial.

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 appropriate measures to ensure the maintenance

of order and security within such facilities and areas.
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 necessary

to maintain discipline and order among the members of the United States

armed forces.

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 Japan or the Government of the United States 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 Japan and the United States shall immediately consult with a view to

agreeing on suitable provisions to replace the provisions suspended.
The provisions of this Article shall not apply to any offences

committed before the entry into force of this Agreement. Such cases shall

be governed by the provisions of Article XVII of the Administrative Agreement

under Article III of the Security Treaty between Japan and the United States

of America as it existed at the relevant time.

ARTICLE XVIII

Each Party waives all its claims against the other Party for damage

to any property owned by it and used by its land, sea or air defense services,

if such damage-

was caused by a member or an employee of the defense services of

the other Party in the performance of his official duties; or
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 official 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.

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.
The arbitrator referred to in subparagraph (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.
Any decision taken by the arbitrator shall be binding and conclusive

upon the Parties.
The amount of any compensation awarded by the arbitrator shall be

distributed in accordance with the provisions of paragraph 5 (e) (i), (ii)

and (iii) of this Article.
The compensation of the arbitrator shall be fixed by agreement between

the two Governments and shall, together with the necessary expenses incidental

to the performance of his duties, be defrayed in equal proportions by them.
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.

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).
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 performance of his official duties.
Claims (other than contractual claims and those to which paragraphs

6 or 7 of this Article apply) arising out of acts or omissions 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 occurrence 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:

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.
Japan may settle any such claims, and payment of the amount agreed

upon or determined by adjudication shall be made by Japan in yen.
Such payment, whether made pursuant to a settlement or to adjudication

of the case by a competent tribunal of Japan, or the final adjudication

by such a tribunal denying payment, shall be binding and conclusive upon

the Parties.
Every claim paid by Japan shall be communicated to the appropriate

United States authorities together with full particulars and a proposed

distribution in conformity with subparagraphs (e) (i) and (ii) below. In

default of a reply within two months, the proposed distribution shall be

regarded as accepted.
The cost incurred in satisfying claims pursuant to the preceding

subparagraphs and paragraph 2 of this Article shall be distributed between

the Parties as follows:

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 percent chargeable to the United States.
Where Japan and the United States 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 Japan or the United

States and it is not possible to attribute it specifically to one or both

of those defense services, the amount awarded or adjudged shall be distributed

equally between Japan and the United States.
Every half-year, a statement of the sums paid by Japan in the course

of the half-yearly period in respect of every case regarding which the proposed

distribution on a percentage basis has been accepted, shall be sent to the

appropriate United States authorities, together with a request for reimbursement.

Such reimbursement shall be made, in yen, within the shortest possible time.

Members or employees of the United States armed forces, excluding

those employees who have only Japanese nationality, 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.
Except in so far as subparagraph of this paragraph applies to claims covered by paragraph 2 of this

Article, the provisions 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 injury to which paragraph 4 of this Article does not apply.

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:

The authorities of Japan shall consider the claim and assess compensation

to the claimant in a fair and just manner, taking into account all the circumstances

of the case, including the conduct of the injured person, and shall prepare

a report on the matter.
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.
If an offer of ex gratia payment is made, and accepted by the claimant

in full satisfaction of his claim, the United States authorities shall make

the payment themselves and inform the authorities of Japan of their decision

and of the sum paid.
Nothing in this paragraph shall affect the jurisdiction of the courts

of Japan to 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.

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.
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 unauthorized, the question shall be submitted

to an arbitrator appointed in accordance with paragraph 2 (b) of the Article,

whose decision on this point shall be final and conclusive.

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.
In case any private movable property, excluding that in use by the

United States armed forces, which is subject to compulsory execution under

Japanese law, is within the facilities and areas in use by the United States

armed forces, the United States authorities shall, upon the request of Japanese

courts, possess and turn over such property to the Japanese authorities.
The authorities of Japan and the United States shall cooperate in

the procurement of evidence for a fair hearing and disposal of claims under

this Article.

Disputes arising out of contracts concerning the procurement of materials,

supplies, equipment, services and labor by or for the United States armed

forces, which are not resolved by the parties to the contract concerned,

may be submitted to the Joint Committee for conciliation, provided that

the provisions of this paragraph shall not prejudice any right which the

parties to the contract may have to file a civil suit.
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.
Paragraphs 2 and 5 of this Article shall apply only to claims arising

incident to non-combat activities.
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 Security Treaty between

Japan and the United States of America.

ARTICLE XIX

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.
The preceding paragraph shall not be construed to preclude the transmission

into or outside of Japan of United States dollars or dollar instruments

representing the official funds of the United States or realized as a result

of service or employment in connection with this Agreement by members of

the United States armed forces and the civilian component, or realized by

such persons and their dependents from sources outside of Japan.
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

United States military payment certificates denominated in dollars

may be used by persons authorized by the United States for internal transactions

within the facilities and areas in use by the United States armed forces.

The 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 regulations.

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.
It is agreed that the United States authorities will apprehend and

punish members of the United States armed forces, the civilian component,

or their dependents, who tender military payment certificates to unauthorized

persons and that no obligation will be due to such unauthorized persons

or to the 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.

In order to exercise control of military payment certificates the

United States may designate certain American financial institutions to maintain

and operate, under United States supervision, facilities for the use of

persons authorized by the United States to use military payment certificates.

Institutions authorized to maintain military banking facilities will establish

and maintain such facilities physically separated from their Japanese commercial

banking business, with personnel whose sole duty is to maintain and operate

such facilities. Such facilities shall be permitted to maintain United States

currency bank accounts and to perform all financial transaction in connection

therewith 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

Japan and the United States will cooperate in taking such steps as may from

time to time be necessary to ensure the security of the United States armed

forces, the members thereof, the civilian component, their dependents, and

their property. The Government 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 installations, equipment,

property, records and official information of the United States, and for

the punishment of offenders under the applicable laws of Japan.

ARTICLE XXIV

It is agreed that the United States will bear for the duration of

this Agreement without cost to Japan all expenditures incident to the maintenance

of the United States armed forces in Japan except those to be borne by Japan

as provided in paragraph 2.
It is agreed that Japan will 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 and 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.
It is agreed that arrangements will be effected between the Governments

of Japan and the United States for accounting applicable to financial transactions

arising out of this Agreement.

ARTICLE XXV

A Joint Committee shall be established as the means for consultation

between the Government of Japan and the Government of the United States

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

purpose of the Treaty of Mutual Cooperation and Security.
The Joint Committee shall be composed of a representative of the Government

of Japan and a representative of the Government of the United States, 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 Government of Japan or the Government

of the United States.
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 XXVI

This Agreement shall be approved by Japan and the United States in

accordance with their legal procedures, and notes indicating such approval

shall be exchanged.
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

Japan and the United States of America, signed at Tokyo on February 28,

1952, as amended, shall expire.
The Government of 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 XXVII

Either Government 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 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 Japanese and English languages,

both texts equally authentic, this 19th day of January, 1960.

FOR JAPAN: Nobusuke Kishi Aiichiro Fujiyama Mitsujiro Ishii Tadashi Adachi Koichiro Asakai

FOR THE UNITED STATES OF AMERICA: Christian A. Herter Douglas MacArthur 2nd J. Graham Parsons

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 purposes of this Agreement, include,

inter alia, the following:

To construct (including dredging and filling), operate, maintain,

utilize, occupy, garrison and control the facilities and areas;
To remove buildings or structures, make alterations, attach fixtures,

or erect additions thereto and to construct any additional buildings or

structures together with auxiliary facilities;
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;
To control (including measures to prohibit) in so far as may be required

by military necessity for the efficient operation and safety of the facilities

and areas, anchorages, moorings, landings, takeoffs and operation of ships

and water-borne craft, aircraft and other vehicles on water, in the air

or on land comprising, or in the vicinity of, the facilities and areas;
To construct on rights of way utilized by the United States such wire

and radio communications facilities, including submarine and subterranean

cables, pipe lines and spur tracks form railroads, as may be required for

military purposes; and
To construct, install, maintain and employ in any facility or area

any type of installation, weapon, substance, device, vessel or vehicle on

or under the ground, in the air or on or under the water that may be requisite

or appropriate, including meteorological systems, aerial and water navigation

lights, radio and radar apparatus and electronic devices.

Article V

"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 exceptional cases.
The Japanese ports mentioned herein will ordinarily mean "open

ports."
The exemption from making "appropriate notification" will

be applicable only to exceptional cases where such is required for security

of the United States armed forces or similar reasons.
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 in the light of, inter alia, the

statements concerning Article VII recorded in the official minutes of the

Tenth Joint Meeting for the Negotiation of the Administrative Agreement

signed on February 28, 1952, which are hereby incorporated by reference.

Article IX

The Government of Japan will be notified at regular intervals, in accordance

with procedures to be agreed between the two Governments, of numbers and

categories of persons entering and departing.

Article XI

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 civilian component, and their dependents shall be limited

to the extent reasonably required for such use.
Paragraph 3 (a) does not require concurrent shipment of goods with

travel of owner nor does it require single loading or shipment.
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.
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 dependents,

the entry of which would be in violation of Japanese customs laws and regulations.

The United States armed forces will promptly notify the Japanese customs

authorities whenever the entry of such goods is discovered.
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.
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

The United States armed forces will furnish the Japanese authorities

with appropriate information as far in advance as practicable on anticipated

major changes in their procurement program in Japan.
The problem of a satisfactory settlement of difficulties with respect

to procurement 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.
The procedures for securing exemptions from taxation on purchases

of goods for ultimate use by the United States armed forces will be as follows:

Upon appropriate certification by the United States armed forces

that materials, supplies and equipment consigned to or destined for such

forces, are to be used, or wholly or partially used up, under the supervision

of such forces, exclusively in the execution 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 ultimately to be incorporated

into articles or facilities used by such forces, an authorized representative

of such forces shall take delivery of such materials, supplies and equipment

directly from manufacturers thereof. In such circumstances the collection

of commodity and gasoline taxes shall be held in abeyance.
The receipt of such materials, supplies and equipment in the facilities

and areas shall be confirmed by an authorized officer of the United States

armed forces to the Japanese authorities.
Collection of commodity and gasoline taxes shall be held in abeyance

until

The United States armed forces confirm and certify the quantity

or degree of consumption of the above referred to materials, supplies and

equipment, or
The United States armed forces confirm and certify the amount of

the above referred to materials, supplies, and equipment which have been

incorporated into articles or facilities used by United States armed forces.

Materials, supplies, and equipment certified under c(1) or (2) shall

be exempt from commodity and gasoline taxes in so far as the price thereof

is paid out of United States Government appropriations or out of funds contributed

by the Japanese Government for disbursement by the United States.

The Government of the Untied 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 organizations

provided for the Article XV in connection with the employment of workers

to be provided for such organizations.
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, Article XII.
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 discipline within the facilities and areas used by the United

Sates armed forces.
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 payable 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 Government,

shall not be treated or considered as income derived form 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 military laws of the United States shall

be communicated, thorough 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 committed by him,

arose out of an act or omission done in the performance of an official duty,

shall, in any judicial proceedings, be sufficient evidence of the fact unless

the contrary is proved. The above statement shall not be interpreted to

prejudice in any way Article 318 of the Japanese Code of Criminal Procedure.

Re paragraph 3(c):

Mutual procedures relating to waivers of the primary right to exercise

jurisdiction shall be determined by the Joint Committee.
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 offense are alleged to have taken place unless other

arrangement s are mutually agreed upon. Representatives of the Japanese

authorities may be present at such trials.

Re paragraph 4:

Dual nationals, Japanese and United States, 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:

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 of the military law of the United States with respect

to a case over which Japan has a 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 authorities 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 indicted by the latter.
The United States military authorities shall promptly notify the Japanese

authorities 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:

The rights enumerated in items (a) through (e) of this paragraph are

guaranteed to all persons on trial in Japanese courts by the provisions

of the Japanese Constitution. In addition to these rights, a member of the

United States armed forces, the civilian component or a dependent who is

prosecuted 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:

He shall not be arrested or detained 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 immediately shown in open court in his presence

and the presence of his counsel;
He shall enjoy the right to a public trial by an impartial tribunal;
He shall not be compelled to testify against himself;
He shall be permitted full opportunity to examine all witnesses;
No cruel punishments shall be imposed upon him.

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 dependents who are confined or detained under

Japanese authority.
Nothing in the provisions of paragraph 9 (g) concerning the presence

of a representative of the United States Government at the trial of a member

of the United States armed forces, the civilian component or a dependent

prosecuted under the jurisdiction 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):

The United States military authorities will normally make all arrests

within facilities 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 facilities 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 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 subject 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.

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 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 facilities 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

undertake, upon request, to make such search, seizure, or inspection. In

the event of a judgment concerning such property, except property owned

or utilized by the United States Government or its instrumentalities, the

United States will turn over such property to the Japanese authorities for

disposition in accordance with the judgment.

Article XIX

Payment in Japan by the United States armed forces and by those organizations

provided 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 regulations. In these transactions 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 accorded such privileges abroad.

Article XXIV

It is understood that nothing in this Agreement 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.

Washington, January 19, 1960.

N. K.

C.A.H.

EXCHANGE OF NOTES CONCERNING ARTICLE XII, PARAGRAPH 6 (d) OF

THE AGREEMENT REGARDING FACILITIES AND AREAS AND THE STATUS OF UNITED STATES

ARMED FORCES IN JAPAN

January 19, 1960

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 Cooperation 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 provides that "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." I wish to propose on behalf of the Government

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.

Christian A. Herter

Secretary of State of the

United States of America

His Excellency

Nobusuke Kishi,

Prime Minister of Japan

Washington, January 19, 1960

Excellency:

I have the honor to acknowledge the receipt of Your Excellency's Note of

today's date, which reads as follows: "I have the honor to refer to

paragraph 6 (d) of Article XII of the Agreement under Article VI of the

Treaty of Mutual Cooperation 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

provides that '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.'

I wish to propose on behalf of the Government 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."

I have the honor to inform Your Excellency 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.

Nobusuke Kishi

His Excellency

Christian A. Herter,

Secretary of State

of the United States of America.

编辑于 2018-02-17 06:48

上面的答案太无知了,军人犯事是送军事法庭审判的,怎么可能警察能管?

发布于 2018-08-22 21:27

你可以看看霉菌在意大利犯的事情，20个人命，6个月，德国日本意大利对于美军的犯罪行为已经麻了，谁叫他们是战败国呢。

发布于 2023-05-29 20:48

法律条例能，但实际不能。

安倍跪舔的太厉害，美国总统换水瓶都要跟着学。

发布于 2018-08-20 20:43

匿名用户 · Accepted Answer

抱歉，没仔细看题目

日本警察有权制止美军正在进行中的犯罪，也有权逮捕正在进行犯罪的美军

但是，如果美军不在犯罪现场等着抓，日本警察就无权逮捕或审判，只能协助美军进行逮捕

比方说，这当街强奸的美军射了之后离开现场去喝酒了，此时日本警察就无权逮捕，也不能审判

是否引渡给日本政府，全看美军自己是否高兴，不引渡日本政府也什么都做不了

————————————————————————————

强奸这种事情对于驻日美军是家常便饭，几乎是月经问题，日本民众已经见怪不怪，美军自己更是情绪稳定

但是，美军还愿意搞一些轮奸未成年人的事情，中学生也就罢了，小学生都下的手。在酒吧里拉人强奸也就算了，趁着男主人在家，还破门轮奸人家女儿这个就有点过分了，道德水平堪比我国某些校长官员

这就涉及民愤的问题了

日美地位协议规定，美军士兵在基地外犯法只要不是被现行逮捕，日本警方就无权在起诉前再施行逮捕

但是有例外，比方说日本全国抗议的情况下，美国考虑日（zi）本（ji）群（de）众（li）感（yi）情可以做出让步

1995年9月4日晚，两名美驻日海军陆战队员及一名美驻日海军士兵，在外出购物时盯上了一名年仅12岁的小学女生。三人联手将其强行拉到车里，用胶带绑住手脚，架至一处僻静的海滩，实行了长时间的轮奸，致这名小学女生身负重伤。冲绳警方事后虽然掌握了充分的证据，但因日美地位协议规定，美军士兵在基地外犯法只要不是被现行逮捕，日本警方就无权在起诉前再施行逮捕，而作罢。驻日美军拒绝将三人引渡给日本。
冲绳县民众长期以来积蓄的“反基地感情”爆发，冲绳的县议会和诸市议会均通过了对美军的抗议决议。1995年10月21日，约8.5万冲绳民众在宜野湾市发起抗议大会，在当时的县知事大田昌秀的带领下，要求美军缩小在冲绳的基地规模、并修改地域协定。
面对日益高涨的抗议浪潮，冲绳检察院起诉施暴美军士兵，3名美军士兵被引渡给日方，美方也同意整顿美军冲绳基地。据统计，自1972年冲绳归还日本后至2002年的30年间，日本全国被检举的166宗强奸案中，有111件为冲绳美军所为。