811B.011/10
The Under Secretary of State (Phillips) to the Secretary of War (Bern)
My Dear Mr. Secretary: I refer to your confidential letter, dated March 11, 1935, acknowledging the receipt of the Department’s confidential letter of March 7, 1935,73 in which it was stated that the Department was inquiring of the American Embassy at Tokyo whether the laws of Japan prohibit or restrict the development and exploitation by foreign nationals of the natural resources of Japan.
Article V of the Mining Law of Japan provides that:
“No persons other than subjects of the Empire, or juridical persons duly formed in accordance with the laws thereof, may acquire mining rights.”
In J. F. DeBecker’s International Private Law of Japan it is stated (page 44) that:
“Nor have aliens the right to fish or hunt in the territorial seas of Japan.”
The Japanese laws cited by DeBecker in this connection are the Fishing Law and the Law Concerning the Hunting of Sea Otters and Seals. The Department does not have available copies of these laws and is, therefore, unable to quote the relevant provisions thereof.
The Department is directing the Embassy at Tokyo to comment on certain other points that are in doubt, and upon the receipt of a reply from the Embassy I shall expect to communicate again with you in regard to this matter.
Sincerely yours,
- Neither printed.↩