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

694.001/7–1251: Telegram

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

confidential
niact

Washington, July 12, 1951—5 p. m.

Topad 53. From Dulles. Reurtel 105, July 12.² Great complexity of proposed legis on property compensation makes it in our opinion essential that draft treaty shld deal with it as an accomplished fact rather than as something prospective which each Allied Power wld feel duty-bound to study as though it were an annex to treaty. If matter presented in latter light most govts wld no doubt demand further time for study by their legal advisers and it wld seriously disrupt our program for signing conference first week Sept. In order therefore to permit July 20 draft to refer to something that has actually been done we must ask that the Jap Cabinet shld promulgate decision that compensation will be provided according to terms of draft bill. This promulgation shld be identifiable so as to permit draft treaty to read “Compensation will be made in accordance with draft Allied Powers Property Compensation Law approved by the Jap Cabinet on Jul blank”. Cabinet action should be taken soonest to permit incorporation foregoing in July 20 draft which must be prepared in advance. Realize this may be inconvenient and not in accordance with usual practice but if Jap Govt wants Treaty signed early Sept they will have to stand ready to meet emergency conditions by what may be exceptional action.³

Above being rptd London for its info with request that FonOff communicate to Clutton any comments. [Dulles.]

Acheson

1. Repeated to London as number 248.
2. In this telegram the Mission in part had reported learning that the United Kingdom could accept Mr. Yoshida’s suggested method of handling the compensation legislation only if the Prime Minister’s letter could be made public at the time of release of the treaty text, “presumably now July 20.” (694.001/7–1251) (For the Japanese proposal, see telegram 64 from Tokyo, July 7, p. 1180.)
3. In telegram 121, from Tokyo, July 14, Mr. Sebald reported that he had reported the substance of this message to the Government on the 13th, with the result that the Prime Minister had immediately called a special cabinet meeting. A cabinet decision had been reached along lines suggested in telegram 53, i.e., the draft compensation legislation and the suggested amendment of Article 15(a) had been approved. However, the United Kingdom had requested delay in public announcement of the decision. (694.001/7–1451)