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

694.001/7–351: Circular telegram

The Secretary of State to Certain Diplomatic Offices ¹

secret

Washington, July 3, 1951—4 p. m.

9. June 14 Draft Jap Peace Treaty airpouched June 19 shld be revised as fol if recd, otherwise immed on receipt, and held pending further instrs:²

1. Change date of draft to July 3, 1951.

2. Art 1. Add “as provided for in Art 23”.

3. Art 3. Add “sole” before “administering auth”, and strike out the words fol “North Lat” first sentence and substitute “the Nanpo Shoto south of Sofu Gan (including the Bonin Islands, Rosario Island and the Volcano Islands) and Parece Vela and Marcus Island”.

4. Art 6. Substitute “all occupation forces” for “all armed forces”.

5. Art 8(a). Insert after “concluded” and after “arrangements” in first sentence the words “by the Allied Powers”.

6. Art 8(b). Substitute “Conventions” (Plural) for “Convention”.

7. Art 9. Delete note.

8. Art 12(d). After “external financial position” strike out comma and fol words to and including “security interests” and substitute “or balance of payments (except in respect to shipping and navigation), or on the need to maintain its essential security interests,”.

9. Art 12. Delete note.

10. Art 14 (a). Substitute “It is recognized” for “The Allied Powers recognize”.

11. Art 14(a) (1). Strike out “interference with the econ reconstruction of Jap and”.

12. Art 14 (a) (2) (I). Strike “at any time between Dec 7, 1941 (in respect of Chi the date shall be July 7, 1937) and” and substitute “on”.³ Also omit comma after “Treaty”.

13. Art 15(a). Strike “In cases where such property cannot be returned,” and substitute “In cases where such property was within Jap on Dec 7, 1941, and cannot be returned”.

14. Art 16. Strike “with any of the Allied Powers, to the Internatl Red Cross” and substitute “with any of the Allied Powers, or the equivalent of such assets, to the Internatl Comite of the Red Cross”. Add at end of Art 16 “The categories of assets described in Art 14(a) (2) (I) (ii) through (v) of the present Treaty shall be excepted from transfer. It is equally understood that the transfer provision of this Article has no application to the 19,770 shares in the Bank for Internatl Settlements presently owned by Jap Financial Institutions.”

15. Art 21. Strike “Arts 10 and 14” and substitute “Arts 10 and 14(a)2”.

16. In last para first Declaration insert “(a)” before “Convention on Internatl Civil Aviation” and add at end of para “and (b) the Convention of the World Meteorological Org signed at Washington under date of Oct 11, 1947”.

Recopy draft to embody these changes and stand ready present to FonOff if and when instructed but not otherwise.

Acheson

1. This telegram was sent to the Embassies in Australia, Burma, Canada, Ceylon, France, India, Indonesia, the Netherlands, New Zealand, Pakistan, the Philippines, the U.S.S.R., the Republic of China, and the Republic of Korea.
2. In telegram 10 (not printed) to certain diplomatic offices, sent July 3 to all the Embassies listed in footnote 1 above, save those in the Republics of China and Korea, the Department stated that the treaty text would be distributed to the Washington Embassies of the respective powers. The telegram included the text of a covering note, which in part requested comment on the treaty by July 20, stated that the draft would be circulated informally to Allied nations less closely concerned with the war on July 9, and said it was planned to publish the July 3 draft on July 12. (694.001/7–351) For the text of Mr. Dunes’ press statement of July 11, see Department of State Bulletin, July 23, 1951, p. 132. An accompanying draft (beginning on the same page) which purports to be that circulated in the days following July 3, incorporates changes in addition to those listed in telegram 9. A draft dated July 3 is in Lot 54 D 423.
3. In telegram 26 to London, July 2, drafted by Mr. Dulles, the Department had stated in part in explanation of this change: “This involves adoption of the language of the UK draft of Apr 7, 1951 and eliminates the change which was made at our suggestion but which on further consideration we think seriously objectionable because the effect wld be that Allied Power such as the Phil and Indonesia might claim right to seize any Jap merchant ships which had at any time during the past ten years been within their territorial waters.” (694.001/7–251)