862i.01/158

The Japanese Ambassador (Shidehara) to the Secretary of State

Memorandum

In reply to the Memorandum of the Department of State dated December 5, 1921, on the subject of mandated islands north of the Equator, the Japanese Ambassador has been authorized by his Government to make the following communication:

(1)
The Japanese Government are now ready to apply to the Japanese mandated islands north of the Equator all the existing commercial treaties between Japan and the United States. On the other hand, availing themselves of the offer contained in the Memorandum of the State Department under review, they desire that, at the time of the signing of the proposed Convention, the Secretary of State may be so good as to give a note stating that if in the future the United States should have occasion to make any commercial treaties applicable to Australia and New Zealand, it would seek to obtain an extension of such treaties to the mandated islands south of the Equator.
(2)
The Japanese Government are much gratified to note that the United States will not insist upon any special arrangement in the matter of the freedom of access, by American nationals and vessels, to the harbors and waters of the Japanese mandated islands. They are quite willing, on their part, to extend to American nationals and vessels the usual comity in visiting such harbors and waters, it being assumed that it is not the intention of the American Government to include this assurance in the new Convention.
(3)
The Japanese Government are further prepared to undertake, as suggested by the American Government, that they shall transmit to the United States a duplicate of the annual report to be made to the League of Nations regarding the mandate. In accepting the suggestion, they hope that it will be agreeable to the Secretary of State to embody in his proposed note, mentioned in Paragraph (1) of the present Memorandum, a statement setting forth the intention of the American Government, indicated in the second paragraph of the Memorandum of October 19 [18], to make a similar suggestion to all the Mandatories.

With regard to the question of insertion in the contemplated Convention (a) of a provision assuring protection of American vested property rights, and (b) of clauses analogous to the second and third paragraphs of Article 8 of the British “B” Mandates for East Africa, the Japanese Ambassador is happy to confirm the understanding mentioned in the Memorandum of the State Department of December 5, that the suggestions heretofore made by the Secretary of State in the matter are acceptable to the Japanese Government.

Embracing this opportunity, the Japanese Ambassador permits himself to add an expression of his profound gratification in the thought that the long pending question relating to the island of Yap and other mandated islands north of the Equator has thus been satisfactorily adjusted.