Papers Relating to the Foreign Relations of the United States, 1922, Volume I

Press Releases, July–December 1921

Statement Issued to the Press by the Department of State, December 12, 1921

December 12, 1921

The Secretary of State made the following announcement today:

The United States and Japan have reached an agreement with respect to the Island of Yap and the other mandated islands in the Pacific Ocean, north of the Equator. The negotiations have been in progress since last June and the terms of settlement were almost entirely agreed upon before the meeting of the Conference on Limitation of Armament. The last steps in the negotiations have now been taken. The points of the agreement are as follows:

1. It is agreed that the United States shall have free access to the Island of Yap on the footing of entire equality with Japan or any other nation, in all that relates to the landing and operation of the existing Yap–Guam cable or of any cable which may hereafter be laid by the United States or its nationals.

2. It is also agreed that the United States and its nationals are to be accorded the same rights and privileges with respect to radio-telegraphic service as with regard to cables. It is provided that so long as the Japanese Government shall maintain on the Island of Yap an adequate radiotelegraphic station cooperating effectively with the cables and with other radio stations on ships and shore, without discriminatory exactions or preferences, the exercise of the right to establish radiotelegraphic stations at Yap by the United States or its nationals shall be suspended.

3. It is further agreed that the United States shall enjoy in the Island of Yap the following rights, privileges and exemptions in relation to electrical communications:

(a) Rights of residence without restriction; and rights of acquisition and enjoyment and undisturbed possession, upon a footing of entire equality with Japan or any other nation or their respective nationals of all property and interests, both personal and real, including lands, buildings, residences, offices, works and appurtenances.

(b) No permit or license to be required for the enjoyment of any of these rights and privileges.

(c) Each country to be free to operate both ends of its cables either directly or through its nationals including corporations or associations.

(d) No cable censorship or supervision of operation or messages.

(e) Free entry and exit for persons and property.

(f) No taxes, port, harbor or landing charges, or exactions, either with respect to operation of cables or to property, persons or vessels.

(g) No discriminatory police regulations.

4. Japan agrees that it will use its power of expropriation to secure to the United States needed property and facilities for the purpose of electrical communication in the Island, if such property or facilities cannot otherwise be obtained. It is understood that the location and area of land to be so expropriated shall be arranged each time between the two Governments, according to the requirements of each case. American property and facilities for the purpose of electrical communication in the Island are to be exempt from the process of expropriation.

5. The United States consents to the administration by Japan of the mandated islands in the Pacific Ocean north of the Equator subject to the above provisions with respect to the Island of Yap, and also subject to the following conditions:

(a) The United States is to have the benefit of the engagements of Japan set forth in the mandate, particularly those as follows:

“Article 3

“The Mandatory shall see that the slave trade is prohibited and that no forced labour is permitted, except for essential public work and services, and then only for adequate remuneration.

“The Mandatory shall also see that the traffic in arms and ammunition is controlled in accordance with principles analogous to those laid down in the Convention relating to the control of the arms traffic, signed on September 10th, 1919,³² or in any convention amending same.

“The supply of intoxicating spirits and beverages to the natives shall be prohibited.”

“Article 4

“The Military training of the natives, otherwise than for purposes of internal police and the local defence of the territory, shall be prohibited. Furthermore, no military or naval bases shall be established or fortifications erected in the territory.”

(b) With respect to missionaries, it is agreed that Japan shall ensure complete freedom of conscience and the free exercise of all forms of worship, which are consonant with public order and morality, and that missionaries of all such religions shall be free to enter the territory, and to travel and reside therein, to acquire and possess property, to erect religious buildings, and to open schools throughout the territory. Japan shall, however, have the right to exercise such control as may be necessary for the maintenance of public order and good government, and to take all measures required for such control.

(c) Japan agrees that vested American property rights will be maintained and respected.

(d) It is agreed that the treaties between the United States and Japan now in force shall apply to the mandated islands.

(e) It is agreed that any modifications in the Mandate are to be subject to the consent of the United States, and, further, that Japan will address to the United States a duplicate report on the administration of the Mandate.

A formal convention embodying these provisions will be drawn up for signature and will be subject to ratification by the Senate.³³

32. Foreign Relations, 1920, vol. i, p. 180.
33. The treaty was signed Feb. 11, 1922; vol. ii, p. 600.