701.9411/1576b: Telegram

The Secretary of State to the Chargé in Switzerland ( Huddle )

405. Please request Swiss Government to be good enough to communicate to Japanese Government and to Ambassador Grew at Tokyo the following amplification of the proposal of the United States Government for the exchange of all diplomatic, consular and other official personnel, their dependents, staffs and personal effects:

1.
The United States Government will select a passenger vessel to carry to Lourenço Marques, or other point agreeable to both parties the officials to be exchanged. It will proceed unarmed and will travel without convoy under safe conduct of the belligerent governments. Arrangements will be made by this Government to embark at an American port all diplomatic, consular and other official personnel of the Japanese Government together with their dependents, staffs and personal effects within the territory under the control of this Government. To the extent that may be desired by the other interested governments there may be embarked on this vessel the diplomatic, consular and official personnel of the Japanese Government together with their dependents, staffs and personal effects in territory under the control of any of the other governments in the Americas including Canada which have now or may by the time of the exchange have broken relations with the Japanese Government. The United States Government will provide adequate transportation facilities for the travel of all such personnel with their dependents and staffs and the carriage of their personal effects from Washington or other places in the United States to the port of embarkation. These facilities in respect to personnel accredited to this Government and their dependents will be provided at the expense of this Government.
2.
The persons embarking on this vessel will be allowed to take with them their personal effects subject to such limitations as may be imposed by availability of space on the vessel and the arrival of the effects at the point of embarkation in time to be laden aboard the vessel.
3.
The persons embarked on the vessel by virtue of their diplomatic, consular or other official position as representatives of the Japanese Government in this country or elsewhere will not be subjected by the United States authorities to search of any kind and this shall likewise be true of their accompanying dependents and staffs and of their personal effects.
4.
The vessel, identifying characteristics of which will be communicated in due course through the Swiss Government to the Japanese Government will proceed to the point agreed upon and return [Page 383] along courses, the details of which will be later communicated, without stopping at any port en route.
5.
The Japanese Government will select a vessel to carry to the point agreed upon the officials to be exchanged. The vessel will proceed unarmed without convoy under safe conduct of the belligerent governments. Arrangements will be made by the Japanese Government to embark at a suitable port or ports within its jurisdiction all diplomatic, consular and other official personnel of the United States Government within territory under the control of the Japanese Government. The United States Government considers that its official personnel, subject to this exchange, includes the personnel of the United States Court at Shanghai, the marine guards remaining in China and there under protection of international agreement, and all employees of the various branches of this Government in the far eastern areas under the military control of the Japanese Government. To the extent that may be desired by the other interested governments there may be embarked on this vessel diplomatic, consular and other official personnel of any of the other governments in the Americas, including Canada, together with their dependents, staffs and personal effects within territory under the control of the Japanese Government. There may also be included similar personnel of the United States Government and of the other governments in the Americas within territory under the control of any other government in the Far East which is associated with Japan in the war against the United States. The Japanese Government will provide at its own expense adequate transportation facilities for the travel of all such personnel with their dependents and staffs and the carriage of their personal effects from their posts to the port or ports of embarkation.
6.
The persons embarking on this vessel will be allowed to take with them their personal effects subject to such limitations as may be imposed by availability of space on the vessel and arrival of the effects at the port or ports of embarkation in time to be laden aboard the vessel.
7.
The persons embarked on the vessel by virtue of their diplomatic, consular or other official position as representatives of the United States or any of the other American Governments in Japan or elsewhere will not be subjected by the Japanese authorities to search of any kind and this shall likewise be true of their accompanying dependents and staffs and of their personal effects.
8.
The vessel, identifying characteristics of which will be communicated in due course by the Japanese Government through the Swiss Government to the United States Government will proceed to the point agreed upon and return along courses, the details of [Page 384] which will be later communicated, without stopping at any port en route.
9.
Identical facilities and privileges will be afforded to the extent that the interested governments may desire for the transportation, with their personal effects, dependents and members of their staffs, of the diplomatic, consular and other official personnel of other American Governments which have now or may before the time of the exchange have broken diplomatic relations with Japan and of the diplomatic, consular and other official personnel of other far eastern governments which have now or may by that time have associated themselves with Japan in the war against the United States.
10.
On a basis of reciprocity there shall be included in the exchange the accredited representatives of the press including radio reporters and press photographers whose identity shall be suitably notified by the mission of the protecting power on the basis of information received from the former diplomatic mission or from the belligerent, government in behalf of which it is acting.
11.
The Government of the United States is agreeable that there take place at the point agreed upon for the exchange of American and Japanese personnel a simultaneous exchange, to be negotiated separately by the British and Japanese Governments, of British and associated and Japanese and associated personnel.
12.
The Government of the United States shall on its own behalf guarantee safe conduct for the duly notified vessels concerned in the exchange throughout their voyage. The Government of the United States will obtain similar assurance of safe conduct from other belligerents friendly to it for the vessels concerned in the exchange which will be carrying American and Japanese personnel. The Government of Japan shall likewise guarantee safe conduct for all vessels concerned in the exchange and shall obtain identical assurance of safe conduct from the belligerent powers associated with it.
13.
All assurances of safe conduct for the vessels concerned in the exchange shall be communicated to the Swiss and Spanish Governments which shall at the proper time notify the government providing each vessel that all necessary safe conducts have been received in order that such vessel may commence its voyage. The Swiss and Spanish Governments shall be requested to use their good offices to insure the observance of the arrangements.
14.
The Government providing each vessel in the exchange shall meet the expenses incident to the operation of the vessel throughout its voyage.
15.
There shall travel on each vessel representatives of the protecting powers. These representatives shall have unrestricted use of the [Page 385] radio facilities of the vessel for communication in plain language with their respective Governments in matters concerning the execution of the exchange agreement and the voyage of the vessel. None of the other passengers shall be permitted any use whatever of radio facilities of the vessel.
16.
There may be accommodated on the vessels traveling in either direction properly accredited personnel of the International Red Cross Committee or other Red Cross Societies.

A summary of the foregoing proposal will be communicated to all the United States diplomatic missions in the Americas and to the American Embassy at London with the request that it be communicated where appropriate to the governments to which those missions are accredited with the offer to make the arrangement arising therefrom available for the return to America of American and to Europe of British and associated diplomatic, consular and other official personnel with their dependents, staffs and personal effects and the return to Japan of corresponding official personnel of Japan and associated governments. This Government will, furthermore, suggest that none of the governments in the Americas which may request participation in the arrangements adopt toward the personnel of the Japanese and associated governments an attitude less favorable than that which this Government is extending.

Hull