Office of the Historian

Treaty Series No. 807

The Japanese Ambassador (Matsudaira) to the Secretary of State

Washington, 31st May, 3 Shōwa (1928).

Sir: In proceeding today to the signature of the Convention between Japan and the United States for the purpose of avoiding difficulties which might arise in connection with the laws in force in the United States on the subject of alcoholic beverages, I am happy to attach hereto, for the purpose of future reference, a memorandum of the understanding that has been reached between us in regard to the interpretation of the Convention. I beg leave, therefore, to request that you kindly acknowledge and confirm this statement.

Accept [etc.]

T. Matsudaira
[Enclosure]

Memorandum

It is understood

1.
That the term “private vessels” as used in the Convention signifies all classes of vessels other than those owned or controlled by the Japanese Government and used for Governmental purposes, for the conduct of which the Japanese Government assumes full responsibility.
2.
That the rights conferred on the authorities of the United States under Article II of the Convention do not relate to territorial waters of Japan or to waters of any territory over which Japan exercises a mandate under the authority of the League of Nations.
3.
That there will be no advance requirement that Japanese vessels shall stop regularly at designated places to await such enquiries or examination as are authorized in Article II of the Convention.
4.
That the Convention does not relate to alcoholic liquors for non-beverage, including medicinal, purposes, which are regulated by the domestic laws of the United States.
5.
That the expression “three months before the expiration of the said period of one year” as used in the second paragraph of Article V is used in the sense of not later than three months before the expiration of the said period.
6.
That questions involving the application of the Convention arising while it is in force will be adjudicated in accordance with the provisions of the Convention as in force at the time the circumstances occurred, even if the Convention should lapse or be terminated before the decision is rendered.