393.115/526
The Japanese Minister for Foreign Affairs (Arita) to the American Ambassador in Japan (Grew)
Excellency: Since the outbreak of the present incident, the Imperial Government has constantly exercised care to protect the lives and property of nationals in China of third countries, and it has, as the area of hostilities in China expanded, repeatedly set forth in notes dated February 15, 1938, June 20, 1938, and October 12, 1938, its desires with regard to the measures which should be taken in order that this objective might be accomplished. Canton and even Hankow have been occupied recently by the Japanese forces; and as a result of the flight of the Chiang Kai-shek régime to the western part of China, the area of hostilities in China will henceforth gradually expand further toward the west, and Shensi Province, Hupeh Province, and Hunan Province are in the near future to become areas of hostilities. Further, even west of the above-mentioned areas up to a line connecting Suchow, Batang, and Tali, military objectives in Chinese territory are to be subject to attack by Japanese military airplanes. Accordingly, with a view to effecting even more completely its consistent [Page 629] desire that the lives and property in China of nationals of third countries be protected, the Imperial Government now sets forth hereunder its earnest desiderata and urgently requests that Your Excellency’s Government take prompt and appropriate measures in the premises.
1. In view of the fact that the Chinese forces are using for military purposes civilian airplanes manufactured in third countries, and in order to avoid the occurrence of unforeseen incidents, it is desired that measures be taken to prohibit the flight in the above-mentioned areas of aircraft having any connection with Your Excellency’s country.
2. Travel in the above-mentioned areas by nationals of Your Excellency’s country is to be undertaken at the risk of the travellers themselves.
3. From the standpoint of assuring their safety, the withdrawal wherever possible to safe areas of those nationals of Your Excellency’s country staying in the above-mentioned areas who are able to withdraw therefrom is to be desired.
4. It is desired that the Japanese authorities be notified in reasonably ample time of the property interests of nationals of Your Excellency’s country, and that such properties be very clearly marked so as to be visible from the air and from the ground.
It should be understood that it is impossible fully to protect interests of Your Excellency’s country in regard to which such measures as described above are not taken.
5. The Chinese, in order to evade the exercising of the just rights of the Japanese armed forces, are deliberately transferring public and private property to the names of nationals of third countries. Therefore, the Japanese forces cannot assume the responsibility of protecting property which has been transferred for that purpose.
Further, it has been repeatedly stated that the Japanese military forces cannot assume the responsibility of protecting third countries’ interests which are utilized by, or in close proximity to, the Chinese forces. I desire here, once again, to invite Your Excellency’s attention to this fact.
I avail myself [etc.]