Foreign Relations of the United States, 1951, Asia and the Pacific, Volume VI, Part 1

694.001/3–1451: Telegram

The Secretary of State to the United States Political Adviser to SCAP (Sebald)¹

secret

Washington, March 20, 1951—6 p. m.

1365. For Sebald from Dulles. Your 1665.² Thank PM and Iguchi for prompt response. Re territory we now plan omit any reference to definition of Kuriles leaving this automatically to World Court decision if there is disagreement. We would provide that SU gets no benefit unless it accepts treaty and if it is apparent in advance that SU is definitely out of picture we would be prepared to reconsider whether reference to Sakhalin and Kuriles should be totally eliminated from treaty.

Re compensation for damage to property of Allied nationals in Japan we accept omit reference to treatment accorded to Japanese nationals. We see no objection to settling disputes by mixed commission but in view UK interest this subject do not want to give any commitment pending our ascertaining whether proposed treatment this matter in principle acceptable to UK.

Re your 1675³ only insofar as relates to provisional memorandum we plan use “Allied Powers” throughout with appropriate definition to avoid confusion.

Re territory we do not understand that proposed treaty would give rights to property succession in Japan but matter would be dealt with according to international and municipal law bearing on particular cases.

Re political and economic clauses we think it is hopeless to get UK to agree to GATT formula.

Re Jap property within Allied territories consider Italian treaty formula would not serve any practical good as undoubtedly proposal would lead to demands that any excess would constitute reparations fund and we feel confident each Allied power will in fact consider it has claims at least equal to Japanese property.

Re effectuation of peace treaty we contemplate providing that for nine months after Japanese ratification treaty could be brought into force only by deposit ratifications of majority FEC Members including US, but that after nine months any ratifying allied power could bring treaty into force as regards it and Japan. Also plan suggest adherence right for three years.

Re bi-lateral treaty and administrative agreement these matters being studied also by Defense and comments must come later. [Dulles.]

Acheson

1. Though Mr. Sebald had left Washington March 18, he did not arrive back in Tokyo until March 27.
2. Apparently an error in reference. The first two paragraphs deal with the substance of telegram 1675 from Tokyo, March 16, p. 929.
3. Apparently an error in reference. The remaining paragraphs deal with the substance of telegram 1678 from Tokyo, March 17. See the editorial note, p. 930.