その他令和7年8月14日
駐留軍及び民間構成員に関する管轄権（第21条）
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令和7年8月14日
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号外
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p.22 - p.24
号外p.22-p.24
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Article XXI
(ii) espionage, espiolatiolatiolation of any law relating to official
COMMAND AND CONTROL AND
secrets of that Party, or secrets relating to the national defense of
CRIMINAL AND DISCIPLINARY JURISDICTION
that Party.
1. The members of the Visiting Force and the Civilian Component shall remain at
4. In cases where the right to exercise jurisdiction is concurrent, the following rules
all times under the national command and overall control of the Sending State in
shall apply:
accordance with its laws and regulations.
(a) the authorities of the Sending State shall have the primary right to exercise
2. Subject to the provisions of this Article:
jurisdiction over the members of the Visiting Force and the Civilian
Component in relation to:
(a) the authorities of the Sending State shall have the right to exercise within
the Receiving State all criminal and disciplinary jurisdiction conferred or
(i) offenses solely against the property or security of the Sending State,
them by the law of the Sending State over the members of the Visiting
or offenses solely against the person or property of another
Force and the Civilian Component; and
member of the Visiting Force or the Civilian Component; or
(b) the authorities of the Receiving State shall have criminal jurisdiction over
(ii) offenses arising out of any act or omission done in the performance
the members of the Visiting Force and the Civilian Component with
of official duties;
respect to offenses committed within the Receiving State and punishable
by the law of the Receiving State.
(b) in the case of any other offense, the authorities of the Receiving State shall
have the primary right to exercise jurisdiction;
3. (a) The authorities of the Sending State shall have the right to exercise
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exclusive jurisdiction over the members of the Visiting Force and the
(c) if the Party having the primary right to exercise jurisdiction decides not to
Civilian Component with respect to offenses, including offenses relating
exercise jurisdiction, it shall notify the authorities of the other Party as
to the security of the Sending State, punishable by the law of the Sending
soon as practicable; and
State but not by the law of the Receiving State.
(d) the authorities of the Party having the primary right to exercise jurisdiction
(b) The authorities of the Receiving State shall have the right to exercise
shall give sympathetic consideration to a request from the authorities of
exclusive jurisdiction over the members of the Visiting Force and the
the other Party for a waiver of its right in cases where that other Party
Civilian Component with respect to offenses, including offenses relating
considers such waiver to be of particular importance.
to the security of the Receiving State, punishable by the law of the
Receiving State but not by the law of the Sending State.
5. (a) Unless otherwise mutually determined by the Parties, the authorities of the
Parties shall assist each other in the arrest of members of the Visiting Force
(c) For the purposes of this paragraph and paragraph 4, a security offense
or the Civilian Component in the Receiving State and in handing them
against a Party shall include:
over to the authority which is to exercise jurisdiction in accordance with
paragraphs 2 to 4.
() treason against that Party; and
(b) With regard to subparagraph (a), if a Party seeks to refuse such assistance,
that Party shall immediately consult with the other Party to consider
whether such assistance can be provided
(c) The authorities of the Receiving State shall promptly notify the authorities
of the Sending State of the arrest of any member of the Visiting Force or
the Civilian Component.
(b) With regard to subparagraph (a), if a Party seeks to refuse such assistance.
that Party shall immediately consult with the other Party to consider
whether such assistance can be provided
(c) The authorities of the Parties shall notify each other of the disposition of
all cases in which there are concurrent rights to exercise jurisdiction.
(b) to be informed in advance of the trial of the specific charge or charges
made against the person in order to have reasonable time to prepare a
defense;
(c) to be confronted with the witnesses against the person;
6. (a) The authorities of the Parties shall assist each other, to the extent possible,
in the carrying out of all necessary investigations into offenses allegedly
(d) to present evidence in his or her own defense and to have a compulsory
committed by a member of the Visiting Force or the Civilian Component.
process for obtaining witnesses if the witnesses are within the jurisdiction
and in the collection and production of evidence, including the seizure and,
of the Receiving State;
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
(e) to have legal representation of his or her own choice for his or her defense
return within the time specified by the authority delivering them.
or to have free or assisted legal representation under the conditions
prevailing in the Receiving State;
(f) to communicate with a representative of the Sending State and, when the
rules of the court permit, to have such a representative present at his or her
trial:
(g) to be present at his or her trial, which shall be public. However, without
prejudice to the minimum standards listed in this paragraph, any other
7. Where an accused has been tried in accordance with the provisions of this Article
person may be excluded if the court so decides for reasons of public order,
by the authorities of a Party and has been acquitted, or has been convicted and is serving,
security or morality;
or has served, his or her sentence or has been pardoned, he or she may not be tried again
for the same offense by the authorities of the other Party. Nothing in this paragraph shall
(h) subject to the laws and regulations of the Receiving Receiving State;
prevent the authorities of the Sending State from trying a member of the Visiting Force
or the Civilian Component for any violation of rules of discipline arising from an act or
(i) not to be compelled to testify against himself or herself; and
omission which constituted an offense for which he or she was tried by the authorities of
the Receiving State.
(1) not to be held guilty of a criminal offense on account of any act omission
which did not constitute a criminal offense under the law of the Receiving
8.Whenever a member of the Visiting Force or the Civilian Component is
State at the time it was committed.
prosecuted under the jurisdiction of the Receiving State, the person shall be entitled:
(a) to a prompt and speedy trial;
(a) for damage including loss of use (hereinafter referred to in this Article as
9. The Receiving State shall, in accordance with paragraph 1 of Article 36 of the
"damage") to property owned by the former Party and used by its Force or
Vienna Convention on Consular Relations of April 24,1963, grant consular officers of
civilian personnel, or for injury or death suffered by a member of its Force
the Sending State the right to visit a member of the Visiting Force or the Civilian
or civilian personnel while engaged in the performance of official duties,
Component who is in prison, custody or detention. The right referred to in the previous
provided that such damage or such injury or death:
sentence shall be exercised in accordance with paragraph 2 of Article 36 of the said
Convention.
(i) was caused by a member of the Force or civilian personnel of the
other Party while engaged in the performance of official duties in
10. The provisions of this Article shall not apply to any offenses committed before the
com The provisions of this Artice
connection with cooperative activities pursuant to this Agreement;
entry into force of this Agreement.
Or
Article XXIl
SECURITY OF FACILITIES AND AREAS AND MILITARY POLICE
(ii) arose from the use of any vehicle, vessel or aircraft owned by the
SECURITY OF FACILITIES AND AREAS AND MILITARY POLICE
other Party and being used by its Force or civilian personnel for
the performance of official duties in connection with cooperative
1. The Parties shall cooperate and take appropriate measures in accordance with the
activities pursuant to this Agreement,
laws and regulations of the Receiving State to ensure the security of the facilities and
areas made available to the Visiting Force and the Civilian Component and of their
except where such damage or such injury or death is mutually determined
property, official records and information.
by the Parties to have resulted solely from gross negligence or willful
misconduct of a member of the Force or civilian personnel of that other
2. Subject to paragraph 3, the Sending State shall have the right to maintain military
Party; and
police within the Visiting Force.
(b) for maritime salvage, provided that the vessel or cargo salvaged was
3. The military police of the Sending State shall be employed only subject to
lowned by a Party and being used by its Force for official purposes0.0
arrangements with the authorities of the Receiving State and in liaison with those
connection with cooperative activities pursuant to this Agreement.
authorities, and in so far as such employment is necessary to maintain discipline and order
among the members of the Visiting Force and, if empowered by the law of the Sending
2. Where for the purposes of paragraph 1(a) the Parties mutually determine that a
State to do so, the Civilian Component.
claim for damage, injury or death resulted solely from the gross negligence or willful
misconduct of a member of the Force or civilian personnel of either Party, such
Article XXIII
determination shall be conclusive of that fact and the Party to which that member of the
CLAIMS
Force or civilian personnel belongs shall be solely responsible for the costs of any liability
for that claim. The Parties shall consult on the final amount payable by the responsible
1. Each Party shall waive all its claims against the other Party:
Party in satisfaction of the claim.
p.22 / 3
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