Agreement under Article VI of the Treaty of Mutual Cooperation and Security (SOFA), Article XVII

… or the civilian component in relation to<br> <OL type="i"> <LI> 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; </LI> <LI> offenses arising out of any act or omission done in the performance of official duty. </LI> </OL> </LI> <LI> In the case of any other offense the authorities of Japan shall have the primary right to exercise jurisdiction. </LI> <LI> 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. …