Papers relating to the foreign relations of the United States, Japan, 1931–1941, Volume I

893.6363 Manchuria/194

The Japanese Ministry for Foreign Affairs to the American Embassy in Japan

[Translation]

Aide-mémoire

No. 29

American Affairs III

In an aide-mémoire of November 30, 1934, on the subject of the petroleum system in Manchukuo, the American Government expressed its opinion respecting the views of the Imperial Government furnished under date of November 5, 1934. The American Government stated that it finds unconvincing the view of the Imperial Government regarding the lack of any relation between the new Manchukuo petroleum system and the Imperial Government, and that the American Government can not accept the Imperial Government’s disclaimer of any responsibility for the industrial policy of Manchukuo. The American Government stated that this new control of petroleum, by whatever name described, would constitute a monopoly; that it would impinge upon treaty rights which Manchukuo has affirmed to the world would be respected, an affirmation which is cited in the protocol already entered into between the Empire and Manchukuo; and that the new system would constitute a violation of a treaty to which the Empire and the United States are cosignatories, would adversely affect interests already acquired by American citizens, and would contradict the assurances of the Imperial Government with regard to the principle of the open door. The American Government requested that the Imperial Government realize a definite responsibility in the matter and be guided by its treaty commitments and its assurances in other forms, and take steps possible and appropriate toward the abandonment of the new petroleum system.

After carefully studying the above-stated views and proposals of the American Government, the Imperial Government is unable to discover any reason for altering its former statement. In short, the American Government ignores the fact of the independence of Manchukuo (which has been recognized by the Imperial Government) and argues as if Manchukuo were still a part of China; and it must be stated that to cite those clauses of the unilateral declarations of Manchukuo which are conjectured to be in one’s own interest contradicts the aforementioned contention denying the existence of Manchukuo. The Imperial Government, although it has not declined the labor of all kinds of mediation for the sake of arriving at an amicable business settlement between the parties to the petroleum problem in Manchukuo, is not in a position to intervene or to be directly involved in Manchukuo’s internal administrative questions such as the present matter. It is regretted that the American Government should on this occasion again invite controversy in connection with the fundamental question of the recognition of Manchukuo which has been made clear as the Imperial Government’s fixed national policy.

In view of the previously mentioned contentions of the American Government, the Imperial Government desires to set forth the following points:

(1) As stated among other things in the aide-mémoire of the Imperial Government under date of August 2 and November 5, 1934, the Manchukuo Government’s plan for the control of the petroleum industry is a plan of the Manchukuo Government which is not within the concerned cognizance of the Imperial Government; the Imperial Government is not responsible for the industrial policy of Manchukuo; according to the information in the possession of the Imperial Government the Manchuria Petroleum Company is not, from the point of view of the law of Manchukuo, empowered with exclusive monopolistic privileges; and on the subject of ownership of shares of the said company there are no distinctive regulations dependent on nationality. With regard to the phrase … [Translator’s note: This is a coined phrase previously translated by the Embassy as “not within the knowledge or concern”]⁶¹ a misconstruction has apparently occurred, for it was used in the sense that this petroleum question is Manchukuo’s own problem and is not a problem capable of disposition by the Imperial Government. As to citing the protocol concluded between the Empire and Manchukuo, it is to be pointed out that this is a matter having no relation whatever to the American Government.

(2) It is evident that according to international law, the provisions of the treaties between China and other countries can not be understood as being taken over uniformly and unconditionally without any sort of new arrangement consequent upon the independence from China of Manchukuo. It is accordingly believed that it was proper for Manchukuo when first established as a nation to have declared that in the treaties hitherto in force between China and other countries only “such things as ought, in the light of international law and international usage, to be taken over” should be taken over and respected. Furthermore, although it is a fact that in the communication in which Manchukuo proposed the inauguration of her diplomatic relations with foreign countries the open door policy was proclaimed, it is nevertheless evident that those foreign countries who completely disregard her proposal have not the right unilaterally to make use of those parts alone of her communication which happen to suit their convenience. Moreover, even leaving out of consideration the present state of affairs in Europe and America where the most extreme policies are being put into practise in the control of commerce and trade, the necessary control by an independent nation of industries such as the petroleum industry which have an important relation to the state’s existence is the proper right of a nation; and it is inconceivable that Manchukuo was abandoning her proper national rights when in announcing her independence she made the above-mentioned comprehensive declaration. Accordingly it can not be allowed that in her present plan for the control of the petroleum industry there is in fact involved any contravention by Manchukuo of treaties or declarations.

(3) In short, the Imperial Government is unable to agree either with any proposal that it should bear responsibility for the actions of the Manchukuo Government or with any contention whatever which has for premise a denial of the independence of Manchukuo.

[ Tokyo ,] April 10, 1935.

61. Bracketed insertion appears on the file copy; it translates Japanese characters which have not been reproduced.