740.00119 PW/12–3048
Memorandum by the Assistant Secretary of State for
Occupied Areas (Saltzman) to the Acting Secretary of State
secret
[Washington,] December 30,
1948.
Subject: Determination of United States Policy on
Replacement by Japan of Lost and Destroyed Cultural Objects.
Discussion:
Pursuant to your request, I wrote to General Draper on December 2,
1948, (Tab A) enclosing copy of the opinion submitted by the Legal
Adviser1 to the effect that there is no legal reason why
Japan cannot be required to replace, insofar as possible, the
cultural heritage which she has destroyed or which she has removed
and cannot return. I requested comments of the Department of the
Army on this opinion.
Mr. Draper has replied under date of December 8, 1948, (Tab B)1 stating
that he notes that in his letter of October 26, 1948, (Tab C)1 Mr.
Royall indicated that he would be glad to discuss the matter further
with the Secretary. Mr. Draper adds that he does not see that there
is much to be gained by our examining together any intricacies of
the legalisms in this matter and that Mr. Royall assures him that he
is ready to discuss the matter at any time with the Secretary.
I think it is a fair conclusion that the personal views of Secretary
Royall are involved and that nothing can be done without discussion
with him. The alternatives are, therefore, for the Secretary or
yourself to satisfy Secretary Royall of the propriety of the
Department’s conclusions in this matter and to submit them to the
FEC, or for the Department to
accept the views of General MacArthur and Secretary Royall as this
Government’s position for presentation to the FEC.
[Page 1076]
If the latter course is followed, it is likely that the FEC will approve by a majority vote,
probably with only the U.S. opposing, a replacement program far more
extensive than the present proposals of the Department of State. A
member of the UK delegation in the FEC informed the Department recently that his
Government considered that the Chinese position on this paper was by
and large reasonable, and that the British could no longer continue
to associate itself with the U.S. in the so-called minority
position, which is a position providing for a much larger program of
replacement than the proposals which the Department of State is
presently advocating to the Department of the Army. From the
standpoint of the FEC negotiations,
therefore, if there is any chance of getting agreement on a program
which is carefully limited, the U.S. must submit it very soon. The
alternative is to veto a resolution concurred in, perhaps, by all
the other members. In so doing, this Government would not be able to
rely upon any paramount interest of the U.S. It has been the
interpretation of the offices of this Department which have studied
this problem over many months that a highly restricted replacement
program such as was proposed in the Secretary’s and my letters of
September 18 (Tab D)2 does not run counter to International Law and
represents sound policy with respect to cultural objects. It is
believed that exercise of the veto on this matter in the FEC would be contrary to U.S.
interests.
Recommendation:
It is recommended that you discuss this matter personally with
Secretary Royall, informing him that the limited program proposed in
my letter of September 18 (the proposal as slightly revised is
attached at Tab E) fully protects U.S. interests, and that the
Department does not consider that the exercise of the veto would be
justified in this matter.
[Annex]
Revised Proposal (Tab
E)
secret
Proposed Policy Statement on Replacement of
Cultural Objects Lost or Destroyed as a Result of Japanese
Aggression During the Period 1931–1945.
- 1.
- This policy is supplementary to and not in derogation of
FEC 011/51 relating to
Restitution of Looted Property.3
- 2.
- For purposes of this policy, cultural objects are defined
to include movable objects of artistic, historical,
religious, or educational character,
[Page 1077]
including collections of
books, which are irreplaceable through normal channels of
production and commerce.
- 3.
- The Japanese Government should be required to replace
cultural objects which were removed from Allied countries by
the Japanese or their agents during the period 1931–1945
which are not found within a reasonable time or which were
destroyed by the Japanese or their agents either wantonly or
as a result of Japanese military action during that period,
in accordance with the following provisions:
- (a)
- Each item for which replacement is claimed must be
precisely, identified and described;
- (b)
- Reasonable evidence must be presented that the
item was in fact removed or destroyed by the
Japanese or their agents during the period
1931–1945;
- (c)
- The item must be shown to have been an object of
rarity and high value possessing important cultural
significance in the country or region of loss or
destruction;
- (d)
- The item provided by the Japanese Government in
replacement must be of the same period as, of
identical or closely similar character with, and of
approximately equal value to the item lost or
destroyed. If no such item is obtainable in Japan,
the claim for replacement must be denied;
- (e)
- Replacement should not be made from:
-
a.
- Cultural items designated by the Japanese
Government as National Treasures (kokuho) prior to 1931
regardless of origin or ownership, or designated
as Japanese National Treasures (kokuho) after 1931, if they are of Japanese
origin or were owned by Japanese public
institutions or private individuals prior to 1894,
or
-
b.
- Early collections significant for their
unity and completeness, such as the Nara Complex
of the Koriuji, Yakushiji, Toshidaiji, Todaiji,
Kosukuji, Shin-Yakushiji temples and the Shoso-in
and other similar temple complexes.
- 4.
- Replacement in accordance with the above provisions should
be under the direction of a board of specialists on Far
Eastern cultural matters. The board should be composed of
three persons, not nationals of countries which suffered
cultural losses at Japan’s hands, selected for their
competence by the Supreme Commander for the Allied Powers in
Japan from a list of persons nominated by the nations
suffering such cultural losses. The board should be
established in Tokyo under the authority of the Supreme
Commander as soon as a sufficient number of verified
replacement claims have been received to warrant its
entering on its duties. The foreign currency expenses of the
board, which should be afforded all practical technical
assistance by the Supreme Commander’s Headquarters in the
performance of its duties, should be allocated in an
equitable manner, as determined by the Supreme Commander,
among the nations submitting claims to it, and
[Page 1078]
all other
expenses, including packing and delivery to dockside in
Japan of approved items, should be borne by the Japanese
Government. The Supreme Commander should take no part in
formulating the decisions of the board, but should be
empowered to review its decisions before transmitting them
to the Japanese Government for execution.
- 5.
- Execution of the replacement program shall be completed by
December 31, 1949, after which time no claims will be
entertained.
