Lot 56D527
Unsigned Japanese Government Memorandum1
On Provisional Memorandum
The American Provisional Memorandum dated February 3, 19512 has been received with profound gratification and gratitude. Observations are given below on a few minor technical points and elucidation is sought on others.
(1) Sovereignty
It is desired that the phrase “and their elected representatives” be deleted.
(2) Security
We appreciate the definite American stand that Allied forces under the collective security arrangement “would not have any responsibility or authority to intervene in the internal affairs of Japan.” But we should like to have the stipulation dropped, regarding assistance to be given in case of large-scale riots and disturbances. While it is most likely that such assistance will be asked and given, a treaty provision, anticipating that contingency, would run counter to the principle that as an independent nation Japan must rely on herself alone for the maintenance of internal peace and order. In view of the possible popular reaction against the provision, the Government desires to have it omitted entirely, or have the internal riot and disturbances qualified as being caused “through instigation or intervention by outside Power or Powers.”
(3) Political and Economic Clauses
(e) It is desired a clause be inserted, putting an end to prosecution of new cases.
In this connection, American good offices are requested in order that Japanese war criminals now imprisoned abroad may be sent back and allowed to serve out their terms in Japan.
(f) “Most-favored-nation treatment” mentioned under this head is understood to mean “unconditional”. Clarification is desired on this point.
(4) Claims Arising Out of the War
It is desired the scope will be defined of “Allied and Associated Powers”, who are to retain and dispose of Japanese property in their territories. Special consideration is requested so as to exclude those [Page 861] countries, which merely declared war on Japan or severed diplomatic relations with her, but did not take part in actual hostilities.
(5) Annex I
II, (a) “Compensation would not be made to persons whose activities and property were not subjected to special Japanese wartime restrictions applicable to Allied nationals generally”. Is it correct to interpret the term persons as referring to Allied nationals who were residing in Japan during the war?