701.9411/1630: Telegram

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

379. American interests—Far East. Your 45, January 5; 180, January 17;16 203, January 20 and 320, January 30. Department has received from Spanish Embassy in charge of Japanese interests in continental United States a memorandum dated January 17, 1942 stating:

“A cable has been received from the Spanish Government expressing the desire of the Japanese Government that all Japanese diplomatic exchange negotiations be handled through our Representatives. This does not imply that the interests of the Japanese Government in other countries cannot continue being protected by Representatives of other Nations.

The Spanish Embassy would be deeply obliged to the Department of State for taking this matter into consideration.”

In accordance with the foregoing Department on February 5 delivered to Spanish Embassy Washington a memorandum reading as follows:

“The Department of State has received memorandum no. 42 of January 6, 1942 and memorandum no. 58 of January 16 from the Spanish Embassy in charge of Japanese interests in the continental United States.17 The Embassy’s first memorandum constitutes a [Page 392] basic proposal of the Japanese Government for the exchange of Japanese and American official personnel arising from the outline of such a proposal contained in the Department’s note of December 13, 1941 (Department’s 290, December 13, to you) to the Swiss Minister at Washington, a copy of which is attached. The Embassy’s second memorandum under acknowledgment constitutes an expression of the views of the Japanese Government in respect of the detailed proposal of the United States Government for the exchange of Japanese and American personnel, (Department’s 405, December 26 to you), the text of which was conveyed to the Embassy by the Department’s note of January 7, 1942. The Department has received through Swiss channels and through the American Legation at Bern texts of communications addressed by the Japanese Government to the Swiss Legation at Tokyo in language substantially similar to that of the memoranda under acknowledgment.

The Department further acknowledges the receipt of the Spanish Embassy’s memorandum no. 59 of January 17, 194218 setting forth the desire of the Japanese Government that all negotiations for the exchange of Japanese official personnel be conducted through the representatives of the Spanish Government without prejudice to the representation of Japanese interests by other neutral governments in other countries.

From examination of the basic proposal of the Japanese Government and of the Japanese Government’s views with respect to the detailed proposal of the United States Government, the United States Government believes that an agreement has been reached in the matter of the exchange of Japanese and American official and other personnel.

With a view to clarifying certain details of the matter and to providing for certain practical points, the United States Government makes the following observations:

Part I—Observations on Japanese Basic Proposal

The following observations are made by the United States Government in respect of the basic proposal of the Japanese Government set forth in the Embassy’s memorandum no. 42:

1. The version of this proposal received through Swiss channels was transmitted as an annex to a note dated December 30 to the Swiss Legation at Tokyo from the Japanese Foreign Office containing the following four points: (Here were quoted the four points of the ‘Japanese note dated December 30’ quoted in your 45, January 5).

In respect to the third quoted paragraph above the United States Government observes that it has already taken steps looking toward the transportation to the United States of the Japanese official personnel in Hawaii. Upon arrival in this country these persons will be housed in an appropriate hotel pending their repatriation. It is assumed that the Japanese Government does not now raise any question regarding the repatriation of Japanese personnel in the Philippines. If this assumption is incorrect the Department would appreciate being informed of the views of the Japanese Government in the matter.

[Page 393]

2. With respect to 1 (a) of the basic proposal of the Japanese Government this Government expresses its desire that all the persons referred to be included in the exchange. Furthermore, this Government expects that the Japanese Government will afford cooperation to the Thai and French authorities in providing facilities for transportation to the United States as part of the present exchange of American officials with their dependents, staffs and personal effects who are in Thailand and French Indochina. The French and Thai Governments are being informed of the wishes of this Government in this respect and further that the Japanese Government is being requested to extend them such cooperation in the matter as may be possible.

3. In regard to 1 (b) the United States Government is agreeable as stated in its detailed proposal to the inclusion in the exchange of press and Red Cross representatives with their dependents in addition to the official personnel of the several governments. The United States Government is, furthermore, agreeable to the repatriation of all other non-official persons referred to in this portion of the basic proposal of the Japanese Government subject to the capacity of the vessel to accommodate such persons after all official personnel has been accommodated. Should the Japanese Government desire a further repatriation of persons who cannot be accommodated on the vessel to be used at this time, the United States Government will give consideration to the matter.

4. With reference to 2 (a) the United States Government is willing on the basis of reciprocity to permit persons who might be included in the exchange to remain in this country pending the rehabilitation of their health and the provision subsequently of facilities for their repatriation.

5. In respect to 2 (b) this Government prefers in order to insure that the exchange can be carried out with the minimum of complication that all officials who were at the time when Japan began hostilities against the United States en route to any posts or away from posts to which they were accredited be included in the block exchange and be repatriated with all other officials.

6. In the absence of any objection on concrete grounds to the continued stay of specified individuals, the United States Government agrees to 2 (c).

7. The United States Government agrees to the provisions of all three subsections of point numbered 3. The United States Government further proposes that the Portuguese Government shall be requested to act as guarantor for the execution of the exchange on Portuguese territory at Lourenço Marques. This Government is addressing a request in this sense to the Portuguese Government and hopes that the Japanese Government will make a similar request.

8. With reference to 4 (a) the United States Government agrees that the persons to be included in the exchange will be granted all necessary facilities of whatever description for taking with them a supply of funds which, without possibility of question, will be sufficient to meet all their needs on the ship and elsewhere until their arrival at the place of exchange. The necessary amounts may be subsequently determined on the basis of reciprocity and an expression of the views of the Japanese Government on this subject would be expected.

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9. In regard to 4 (b) this Government agrees that the officials to be exchanged and their dependents and their servants and their employees shall be permitted to bring with them all their personal effects including such things as silverware, linen and the like which can be packed in trunks, boxes with handles and handbaggage. Such effects will not be subject to search, be subject to any tax or duty nor subject to any limitations other than those imposed by availability of space on the vessel and the arrival of the effects at the port of embarkation in time to be laden aboard the vessel. This Government feeling that the character of the baggage is sufficiently established by the agreement between the governments does not consider that any individual declaration or even list of contents of the baggage is necessary. Should the Japanese Government feel such lists to be essential this Government will be forced to reconsider its entire position on this point. A statement of the Japanese Government’s concurrence in this position would, therefore, be appreciated.

10. In compliance with the request made by the Japanese Government in 5 the United States Government is providing all necessary suitable facilities for the Japanese officials formerly accredited to the other American Republics which have broken relations with Japan, and to Canada, to embark on the exchange vessel. It is expected that the Japanese Government will act similarly in respect of American officials being repatriated from Thailand and French Indochina.

The United States Government notes that certain of the former diplomatic and consular officials of Japan in other American Republics which have broken relations with or declared war upon Japan have apparently not received from their government instructions to proceed to this country for the purpose of being included in the exchange now being negotiated and are unwilling to accept offers made to them of facilities for the journey here. The Japanese Government should inform its officials in the other American Republics of its desire that they take advantage of the facilities now being negotiated and of the need that these persons depart promptly for the United States in order to be present when the exchange vessel departs.

The United States Government is willing that a separate block exchange of non-American officials leaving Japan and Japanese officials leaving places outside the Americas shall take place at the same time and at the same port as the exchange of American and Japanese officials. It assumes that the Japanese Government will arrange the exchange of its officials in the Netherlands Indies in connection with the exchange it will arrange with other governments since it would seem for practical reasons that such Japanese officials might more suitably be brought to the port of exchange in such vessel as may bring there the Japanese officials from Australia and other British territory nearby.

11. With respect to 6 the United States Government considers that misunderstanding might arise from designating as hospital ships under the Geneva Agreement of 190719 the vessels to be used for the purpose of the exchange and assumes that the Japanese Government will select another method of marking the vessels. For its part the [Page 395] United States Government will mark distinctively the vessel to be used carrying Japanese official personnel and will communicate these markings to the Japanese Government in the near future. It is agreed that the markings of the vessels shall be such as to ensure the greatest possible visibility and that particulars of colors and markings shall be notified in due time before the departure on the voyage. The United States Government would wish to know, in addition to the data specified in 6 of the Japanese basic proposal, the speed of the vessels therein named.

Part II—Observations Upon Japanese Views Regarding the Detailed American Proposal

12.
With respect to 1 (1) and 1 (2) reference is made to item 7 in Part I above.
13.
With respect to 1 (3) and its subheadings see items 2 and 3 above.
14.
The United States Government notes from 1 (4) that the Japanese Government agrees to include the personnel of the United States Court at Shanghai among the persons to be exchanged but that it does not agree to include the United States Marine Guards remaining in China. The United States Government may revert to this point at a later date.
15.
It is noted from 1 (5) that the United States consular officials at Hong Kong together with their staffs, dependents and servants will be included in the exchange. The United States Government expects that its other officials at Hong Kong as specified in a list transmitted to the Swiss representative at Tokyo through the Swiss Government as well as the other categories of persons mentioned in the first sentence of item 3 above will also be included.
16.
1 (6) regarding the provision of transportation facilities is understood to constitute acceptance of the proposal of the United States Government on this point.
17.
Except in so far as the proposal of the Japanese Government might call for the shipment of household effects not packed in boxes with handles, trunks or handbaggage coincidentally with the departure of the persons to be exchanged the United States Government considers that 1 (7) is a confirmation of its view in regard to the obligation of both governments to embark persons and things on the exchange vessels.
18.
1 (8) coincides with the views of the United States Government on this point.
19.
The United States Government notes in respect of 2 that the Japanese Government agrees that the persons embarked on the vessel will be limited in respect of the personal effects accompanying them only by the space on the vessel and by the presence of the effects in time to be laden aboard.
20.
So far as concerns 3 the view of the United States Government regarding baggage declarations by officials, their dependents and staffs is set forth under item 9 above. The United States Government perceives no objection to and will effect the lenient examination of the effects being taken with them by non-official persons who may be included in the official exchange. The question of the examination of the effects of non-official persons to be included in any subsequent phases of the exchange movement which may be arranged will be [Page 396] dealt with at another time. The persons of those to be exchanged will not be searched.
21.
The United States Government notes regarding 4 that the Japanese Government agrees to paragraphs 4 and 8 of the American basic proposal.
22.
Regarding 5 reference is made to items 2 and 16 above.
23.
Concerning 6 reference is made to item 3 above.
24.
Concerning 7 the United States Government in order to facilitate the negotiations initiated by the Japanese Government with other governments and particularly the British Government and its associated Governments in Europe is providing the British Government with a copy of this reply and of the communications which have been exchanged through several channels with the Japanese government on this subject.
25.
There appears to be a meeting of views in respect of 8 and 9.

Part III—Special Matters

The Government of the United States has received through Swiss channels information that the Japanese Government particularly wishes included in the exchange of official personnel the Japanese diplomatic and consular personnel in Iran and the eastern part of Samoa.

The United States Government is ready to take all possible steps to facilitate the inclusion in the exchange of Japanese official personnel from the Americas and from insular possessions of the United States. It is not, however in a position to afford any physical assistance for the inclusion in the exchange of Japanese official personnel in other areas as, for example, Iran. It is assumed that the Japanese Government will be able to make arrangements for the travel to the exchange point of Japanese official personnel in Iran through the medium of the powers representing Japanese interests in intervening territories or that alternatively the Japanese Government will be able to arrange for the repatriation of this personnel through Soviet territory. So far as concerns those parts of the Samoan Islands which are under the jurisdiction of the United States this Government is unaware of the presence there of any Japanese official personnel. It would appreciate being informed further in the matter.”

Please request Swiss Government to provide full text of this reply to Swiss Minister at Tokyo and to ask him to keep all other Swiss representatives in the Far East fully informed in the matter. Department stresses fact that it wishes to be informed as soon as possible of additions or amendments to lists of officials and newspaper correspondents which have already been provided the Swiss Government through you and that it desires to receive at earliest opportunity lists of non-official persons in the Far East who will be repatriated under point 3 of the foregoing memorandum to the Spanish Embassy. It is hoped that the Swiss representatives will confer closely with Department’s officers in regard to these lists and that they will transmit to Department any comments which may be made by those officers [Page 397] regarding the lists or those details of the exchange arrangement which have not yet been agreed upon.

Spanish Embassy’s memorandum of January 6 was identical with “Annexed Note” quoted in your 45, January 5 with addition of following paragraph:

“For the purpose of exchange and in accordance with the Geneva agreement of 1907, the Japanese Government appoints the following ships to serve as hospitals:

  • Hicawe Maru—11,621 tonnage, 155.9 length, two masts, two chimneys.
  • Tacasgo Maru—9347 tonnage, length 142.09, two masts, two chimneys.
  • Ahahi Maru—9326 tonnage, length 147.22, one chimney, two masts.

These ships have the following marks in common: Whole hull painted white, Red Cross emblem, upper part of hull supplied with electricity, Red Cross on port and starboard center of hull, green line running all along hull, in accordance with Convention regulations. Chimney bears Red Cross electrically outlined, and searchlights mark the flag-case or post of signals.”

Spanish Embassy memorandum of January 16 was identical with text quoted in your 203, January 20 with slight differences in numbers of heading and in phraseology not affecting the meaning of the communication.

Hull
  1. Telegram No. 180 not printed.
  2. Neither printed; for contents, see telegrams No. 45, January 5, and No. 203, January 20, from the Chargé in Switzerland, pp. 386 and 388, respectively.
  3. Not printed.
  4. Foreign Relations, 1907, pt. 2, p. 903.