Foreign Relations of the United States: Diplomatic Papers, 1945, General: Political and Economic Matters, Volume II

740.00119 Council/12–1945

United States Delegation Minutes, Fourth Formal Session, Conference of Foreign Ministers, Spiridonovka, Moscow, December 19, 1945, 5:00–6:35 p. m.

Moscow, December 19, 1945, 5:00–6:35 p.m.

Present:47	Mr. Molotov, Commissar for Foreign Affairs
	Mr. Vyshinski, Vice Commissar for Foreign Affairs
	Mr. Gusev, Soviet Ambassador to London
	Mr. Malik, Soviet Ambassador to Tokyo
	Mr. Tsarapkin, Chief, American Section, NKID
	Mr. Pavlov, Interpreter
	Mr. Byrnes, Secretary of State
	Mr. Harriman, American Ambassador to Moscow
	Mr. Cohen, Counselor of the Department of State
	Dr. Conant, President, Harvard University
	Mr. Matthews, Director, Office of European Affairs
	Mr. Vincent, Director, Office of Far Eastern Affairs
	Mr. Bohlen, Assistant to the Secretary
	Mr. Bevin, Minister for Foreign Affairs
	Sir A. Cadogan, Under Secretary of State
	Sir A. Clark Kerr, British Ambassador to Moscow
	Sir R. Campbell, Ambassador
	Mr. Sterndale Bennett, Counselor, Far Eastern Department
	Mr. McAfee, Interpreter

Subjects: Terms of Reference of the Allied Council for Japan and the Far Eastern Commission

Mr. Molotov opened the meeting at 5:10 p.m. It was decided to begin with consideration of Item 2 (Terms of Reference of Allied Council and Far Eastern Commission).

The British Delegation circulated its comments on the American draft. (Enclosure No. 1.)⁴⁸

After a recess requested by Mr. Molotov in order to translate the British paper, Mr. Molotov opened the consideration of the Terms of Reference for the Far Eastern Commission paragraph by paragraph.

Mr. Molotov observed that paragraph 1 of the Soviet draft differed from paragraph 1 of the United States draft only in that India was not included in the former.⁴⁹ In the opinion of the Soviet Delegation, India should not participate in the Far Eastern Commission since it was not a sovereign state. It should not participate on the same footing with sovereign states. India did not have its own Ministry of Foreign Affairs and the Soviet Union did not maintain relations with India.

Mr. Bevin replied that India is now a member of the Far Eastern Commission. He could not agree to exclude India from it. If excluded, India would not even have the position accorded to the Philippines.

Mr. Molotov said that the Philippines were to receive their independence. Continuing, Mr. Molotov stated that the United States letter of August 22⁵⁰ had contained the statement that the Far Eastern Commission would cease to function as soon as one of the four powers, the United States, Great Britain, the Soviet Union and China, gave notice of its intention to terminate the agreement. However, in point of fact the Far Eastern Commission had not ceased to function but had begun and had been organized without the agreement of all the four states. Accordingly, the existence of the Far Eastern Commission at the present time was inconsistent with the United States letter of August 22.

Mr. Byrnes replied that he could not agree to this. At the time the letter was written the Far Eastern Commission had not existed. The letter was an invitation to organize the Commission. The simple facts were that when the Soviet Government had not seen fit to come into the Commission, others had organized it. Since its organization no member had given notice of termination.

However, in any event the United States and, Mr. Byrnes assumed, Great Britain as well, desired to have the Allies join the Commission and continue along in it. Mr. Byrnes hoped that the delegates could agree to the Terms of Reference. He suggested that they proceed to paragraph 2 since they could not agree regarding paragraph 1.

Mr. Molotov stated that he wished to observe that India had not been proposed as a member of the Far Eastern Commission in the original British proposal of August 30.⁵¹ The Philippines had been included.

Mr. Bevin stated that as far as he could remember the British Government had proposed a five-power Control Council with an Advisory Commission in which India would be a member.

Mr. Molotov stated that the proposal had not included India in either body.

Mr. Bevin replied that that had not been accepted. The Far Eastern Commission had been organized. India had been included. India was now a member and Mr. Bevin could not be a party to its exclusion. However, he was prepared to limit India’s participation in the Far Eastern Commission.

Mr. Molotov suggested that as no agreement had been reached on this issue it might be wise to turn to the question with regard to Paragraph II, Section A, Subparagraph 1, as raised by the British paper.

Mr. Bevin desired clarification concerning questions which might arise among the participating powers themselves: for example, reparations questions.

Mr. Byrnes referred to Paragraph II, Section A, Subparagraph 3 of the American proposal. He wished to propose an addition following the words “participating governments” there. The addition would read “in accordance with the voting procedure as in Paragraph V, Subparagraph 2”. In this fashion it would be clear that other matters could be assigned to the Far Eastern Commission by the participating powers in accordance with the regular voting procedure.

Mr. Bevin stated that Subparagraph 1 was specific. Subparagraph 3 covered all the other general matters which he had had in view. He had no objections to this addition.

Mr. Molotov stated that he had no objection to the addition but wished to study it further.

Mr. Byrnes pointed out that in accordance with Paragraph IV of the United States proposal, the establishment of the Commission would not preclude the use of other methods of consultation on Far Eastern issues by the participating governments.

Mr. Molotov referred to the proposed Soviet amendment to Paragraph II, Section A, Subparagraph 3 of the American proposal.

Mr. Byrnes stated that the Soviet amendment was agreeable to him and that he accepted it. He accepted the entire section proposed by the Soviet Government in place of his own, except that the name of the body should remain “Allied Council” and not “Allied Control Council” as in the Soviet amendment. This matter of nomenclature could be discussed when the question of the Terms of Reference for the Council was reached.

Mr. Bevin agreed.

Mr. Molotov referred to the Soviet amendment to Subparagraph 3 of the United States proposal.

Mr. Byrnes stated that the Soviet amendment was accepted in substance. The American Delegation, however, had changed the language combining it with one of the paragraphs in the paper originally adopted.

Mr. Byrnes distributed the revised United States version (enclosure No. 2).

Mr. Molotov inquired whether this revised paragraph combined Subparagraphs 3 and 4 of the previous United States draft.

Mr. Byrnes replied that it did but added that it embodied the language suggested by Mr. Molotov.

Mr. Molotov inquired whether the second part of the United States revised version also applied to interim directives. Did it mean that no interim directives would be issued dealing with constitutional changes in the Japanese Government?

Mr. Byrnes replied that it did.

Mr. Molotov said that it would be necessary to study the paper more closely.

Mr. Bevin had no remarks.

Mr. Molotov proceeded to Paragraph IV. He stated that the Soviet amendment on this question need not be discussed.

Mr. Byrnes distributed a United States paper concerning the Allied Council (enclosure No. 3). He said that some changes had been embodied in it after study of the Soviet suggestions.

Mr. Molotov requested an opportunity to study the United States paper and the meeting was adjourned at 6:35 p.m.

[Enclosure 1]

Memorandum by the United Kingdom Delegation at the Moscow Conference of Foreign Ministers

Moscow, December 19, 1945.

Far Eastern Commission

comments by the united kingdom delegation on the united states draft of December 16th⁵²

Article II A 1 speaks of the formulation of policies, principles, etc. for the fulfilment by Japan of her obligations. How is it intended to deal with any questions which may arise as between the participating Powers themselves in the execution of the surrender terms (e. g. reparations)?

In Article II A 3, does “agreement” mean “unanimous agreement”, or is it the intention that agreement shall be reached in this case between the participating Governments by the same voting procedure as is suggested for the Commission in Article V 2?

The United Kingdom Delegation reserve the right to propose amendments to cover these points in the light of the answers to the above questions. They also reserve the right to propose an alternative voting procedure to that suggested in Article V 2 should this seem desirable in the light of the discussion of the Soviet amendments of December 18th,⁵³ which are still being studied by the United Kingdom Delegation.

Otherwise the United Kingdom Delegation do not desire to propose any amendments to the United States draft.

[Enclosure la]

Memorandum by the United Kingdom Delegation at the Moscow Conference of Foreign Ministers

Moscow, December 19, 1945.

Allied Council in Tokyo

comments by the united kingdom delegation on the united states draft of december 16th⁵⁴

The proposal in Article 2 for “a British Commonwealth of Nations member” raises a very serious constitutional difficulty and the United Kingdom Delegation must reserve the right to propose an alternative which will give effective representation to Australia, New Zealand and India, whose forces have played a great part in the war against Japan and will participate in the occupation.

Apart from this, the United Kingdom Delegation do not desire to propose any amendments to the United States draft, but they consider that the wording of Article 5 should be reviewed since the present wording suggests that there might be matters other than those specified in the Article on which the Supreme Commander would be free to take action not in accordance with decisions taken by the Far Eastern Commission.

[Enclosure 2]

Memorandum by the United Kingdom Delegation at the Moscow Conference of Foreign Ministers⁵⁵

Moscow, December 19, 1945.

Far Eastern Commission

I. Establishment.

The Governments of the Union of Soviet Socialist Republics, China, United Kingdom, United States, France, the Netherlands, Canada, Australia, New Zealand, India, and the Philippine Commonwealth hereby establish a Far Eastern Commission composed of representatives of the participating powers.

II. Functions.

A. The functions of the Far Eastern Commission shall be:

1. To formulate the policies, principles, and standards in conformity with which the fulfillment by Japan of its obligations under the instrument of surrender may be accomplished.

2. To review, on the request of any member, any directive issued to the Supreme Commander or any action taken by the Supreme Commander involving policy decisions within the jurisdiction of the Commission.

3. To consider such other matters as may be assigned to it by agreement among the participating Governments, in accordance with the voting procedure in V–2 hereunder.

B. The Commission shall not make recommendations with regard to the conduct of military operations nor with regard to territorial adjustments.

C. The Commission in its activities will proceed from the fact that there has been formed an Allied Council and will respect existing control machinery in Japan, including the chain of command from the United States Government to the Supreme Commander and the Supreme Commander’s command of occupation forces.

III. Functions of the United States Government.

1. The United States Government shall prepare directives in accordance with policy decisions of the Commission and shall transmit them to the Supreme Commander through the appropriate United States Government agency. The Supreme Commander shall be charged with the implementation of the directives which express the policy decisions of the Commission.

2. If the Commission decides that any directive or action reviewed in accordance with Article II, A, 2, should be modified, its decision shall be regarded as a policy decision.

3. The United States Government may issue interim directives to the Supreme Commander pending action by the Commission whenever urgent matters arise not covered by policies already formulated by the Commission; provided that any directives dealing with fundamental changes in the Japanese constitutional structure or in the regime of control, or dealing with a change in the Japanese Government as a whole will be issued only following consultation and following the attainment of agreement in the Far Eastern Commission.

4. All directives issued shall be filed with the Commission.

IV. Other Methods of Consultation.

The establishment of the Commission shall not preclude the use of other methods of consultation on Far Eastern issues by the participating Governments.

V. Composition.

1. The Far Eastern Commission shall consist of one representative of each of the states party to this agreement. The membership of the Commission may be increased by agreement between the participating powers as conditions warrant by the addition of representatives of other United Nations in the Far East or having territories therein. The Commission shall provide for full and adequate consultations, as occasion may require, with representatives of the United Nations not members of the Commission in regard to matters before the Commission which are of particular concern to such nations.

2. The Commission may take action by less than unanimous vote provided that action shall have the concurrence of at least a majority of all the representatives including the representatives of the four following powers: United States, United Kingdom, Union of Soviet Socialist Republics and China.

VI. Location and Organization.

The Far Eastern Commission shall have its headquarters in Washington. It may meet at other places as occasion requires, including Tokyo, if and when it deems it desirable to do so.

It may make such arrangements through the Chairman as may be practicable for consultation with the Supreme Commander for the Allied Powers.

Each representative on the Commission may be accompanied by an appropriate staff comprising both civilian and military representation.

The Commission shall organize its secretariat, appoint such committees as may be deemed advisable, and otherwise perfect its organization and procedure.

VII. Termination.

The Far Eastern Commission shall cease to function when a decision to that effect is taken by the concurrence of at least a majority of all the representatives including the representatives of the four following powers: United States, United Kingdom, Union of Soviet Socialist Republics and China. Prior to the termination of its functions the Commission shall transfer to any interim or permanent security organization to which the participating governments are members those functions which may appropriately be transferred.

[Enclosure 3]

Memorandum by the United States Delegation at the Moscow Conference of Foreign Ministers⁵⁶

Moscow, December 19, 1945.

Allied Council for Japan

1. There shall be established an Allied Council with its seat in Tokyo under the Chairmanship of the Supreme Commander for the Allied Powers (or his Deputy) for the purpose of consulting with and advising the Supreme Commander in regard to the implementation of the terms of surrender, occupation, and control of Japan and of directives supplementary thereto, and for the purpose of exercising the control authority herein granted.

2. The membership of the Allied Council shall consist of the Supreme Commander (or his Deputy) who shall be Chairman and the United States member; Union of Soviet Socialist Republics member; Chinese member; and a British Commonwealth of Nations member. Each member shall be entitled to have an appropriate staff consisting of military and civilian advisors.

3. The Allied Council shall meet not less often than once every two weeks.

4. The Supreme Commander shall issue all orders for the implementation of the Terms of Surrender, occupation, and control of Japan, and directives supplementary thereto. In all cases action will be carried out under and through the Supreme Commander who is the sole executive authority for the Allied Powers within the area of his command. He will consult and advise with the Council in advance of the issuance of orders on matters of substance, the exigencies of the situation permitting. His decisions upon these matters shall be controlling.

If, regarding the implementation of policy decisions of the Far Eastern Commission on questions concerning a change in the regime of control, changes in the constitutional structure, and changes in the Japanese Government as a whole, a member of the Council disagrees with the Supreme Commander (or his Deputy) the Supreme Commander will withhold the issuance of orders on these questions pending agreement thereon in the Far Eastern Commission.

In cases of necessity the Supreme Commander may take decisions concerning the change of individual ministers of the Japanese Government, or concerning the filling of vacancies created by the resignation of cabinet members, after appropriate preliminary consultation with representatives of the other Allied Powers on the Allied Council.

47. The British delegation minutes of this meeting (not printed) also list Edward Page as present with the United States delegation and Pierson J. Dixon as present with the United Kingdom delegation.
48. Enclosure 1 contains comments relative to the Far Eastern Commission, and enclosure 1a, relative to the Allied Council for Japan.
49. The United States delegation memorandum on the proposed revision of the terms of reference of the Far Eastern Commission is included as enclosure 3b to the United States delegation minutes of the First Formal Session of the Conference, December 16, p. 624; the proposal of the Soviet delegation regarding the Far Eastern Commission is included as enclosure 2b to the United States delegation minutes of the Third Formal Session of the Conference, December 18, p. 662.
50. Reference is to a note to the Soviet Government delivered pursuant to instructions contained in telegram 7106, August 21, to London, repeated to Moscow as telegram 1881, printed in vol. vi , section entitled “Surrender of Japan …”, Part I.
51. Original British proposal relative to the Far Eastern Commission was contained in aide-mémoire from the British Embassy to the Department of State, August 30, printed in vol. vi , section entitled “Surrender of Japan …”, Part I.
52. The United States delegation memorandum on the proposed revision of the terms of reference of the Far Eastern Commission is included as enclosure 3b to the United States delegation minutes of the First Formal Session of the Conference, December 16, p. 624.
53. The proposal of the Soviet delegation regarding the Far Eastern Commission is included as enclosure 2b to the United States delegation minutes of the Third Formal Session of the Conference, December 19, p. 662.
54. See enclosure 3c to the United States delegation minutes of the First Formal Session of the Conference, December 16, p. 626.
55. Revised text of the memorandum of December 16, p. 624.
56. Revision of the United States delegation memorandum of December 16, p. 626.