# Document: chii-kyoutei-english, -*-Indented-Text-*- # $Id: chii-kyoutei-english,v 1.1 1995/09/19 20:45:56 kei Exp $ 8. If a dispute arises as to whether a tortuous 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 this Article, whose decision on this point shall be final and conclusive. 9. (a) The United States shall not claim immunity from the jurisdiction of the courts of Japan for members or employees of the United States armed forces in respect of the civil jurisdiction of the courts of Japan except to the extent provided in paragraph 5 (f) of this Article. (b) In case any private movable property, excluding that in use by the United Sates armed forces, which is subject to compulsory execution under Japanese law, is within the facilities and areas in use by the United States armed forces, the United States authorities shall, upon the request of Japanese courts, possess and turn over such property to the Japanese authorities. (c) The authorities of Japan and the United States shall cooperate in the procurement of evidence for a fair hearing and disposal of claims under this Article. 10. 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. 11. The term "defense services" used in this Article is understood to mean for Japan its Self-Defense Forces and for the United States its armed forces. 12. Paragraphs 2 and 5 of this Article shall apply only to claims arising incident to non-combat activities. 13. The provisions of this Article shall not apply to any claims which arose before the entry into force of this Agreement. Such claims shall be dealt with by the provisions of Article XVIII of the Administrative Agreement under Article III of the Security Treaty between Japan and the United States of America. ARTICLE XIX 1. Members of the United States armed forces, the civilian component, and their dependents, shall be subject to the foreign exchange controls of the Government of Japan. 2. The preceding paragraph shall not be construed to preclude the transmission into or outside of Japan of United States dollars or dollar instruments representing the official funds of the United States or realized as a result of service or employment in connection with this Agreement by members of the United States armed forces and the civilian component, or realized by such persons and their dependents from sources outside of Japan. 3. The United States authorities shall take suitable measures to preclude the abuse of the privileges stipulated in the preceding paragraph or circumvention of the Japanese foreign exchange controls. ARTICLE XX 1. (a) United States military payment certificates denominated in dollars may be used by persons authorized by the United States for internal transactions within the facilities and areas in use bye 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 and with the aid of United States authorities will undertake to apprehend and punish any person or persons under its jurisdiction involved in the counterfeiting or uttering of counterfeit military payment certificates. (b) It is agreed that the United States authorities will apprehend and punish members of the United States armed forces, the civilian component, or their dependents, who tender military payment certificates to unauthorized persons and that no obligation will be due to such unauthorized persons or th the Government of Japan or its agencies from the United States or any of its agencies as a result of any unauthorized use of military payment certificates within Japan. 2. In order to exercise control of military payment certificates the United States may designate certain American financial institutions for the use of persons authorized by the 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, will personnel whose sole duty is to maintain and operate such facilities. Such facilities shall be permitted to maintain United States currency 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 the United States, and for the punishment of offenders under the applicable laws of Japan. ARTICLE XXIV 1. It is agreed that the United States will bear for the duration of this Agreement without cost to Japan all expenditures 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 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. 3. 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 1. 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 purposes of the Treaty of mutual Cooperation and Security. 2. 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. 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 XXVI 1. 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. 2. After the procedure set forth in the preceding paragraph has been followed, this Agreement will enter into force on the date of coming into force of the Treaty of Mutual Cooperation and Security, at which time the Administrative Agreement under Article III of the Security Treaty between Japan and the United States of America, signed at Tokyo on February 28, 1952, as amended, shall expire. 3. 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: Christain A. Herter Douglas MacArthur 2nd J. Graham Parsons