740.00119 FEAC/8–2145: Telegram

The Secretary of State to the Ambassador in the United Kingdom (Winant)28

7106. 1. Please deliver personally to the Government to which you are accredited a note, the substantive portion of which should read as follows:

“The Government of the United States proposes that there be established as soon as practicable an advisory body to be known as the Far Eastern Advisory Commission, the Commission to be composed of the Four Major Allies adhering to the Moscow Declaration of October 30, 1943,29 along with such other of the United Nations in the Far East or having territories therein as the major allies might agree upon.

“A draft of the terms of reference of the proposed Far Eastern Advisory Commission is enclosed. It will be noted that the proposed Commission would be responsible for making recommendations to the participating governments

  • ‘1. On the formulation of policies, principles and standards by which the fulfillment by Japan of its obligations under the instrument of surrender may be determined;
  • ‘2. On the steps necessary and on the machinery required to ensure the strict compliance by Japan with the provisions of the instrument of surrender.’

“The establishment of the proposed Commission would not preclude consultation among the powers through normal diplomatic channels or by other methods on any Far Eastern issue.

“In proposing the establishment of the Far Eastern Advisory Commission, the Government of the United States proposes the additional participation of the Governments of: France, Philippine Islands, Australia, Canada, New Zealand, and the Netherlands.

“Communication in similar terms is being made to the Governments of the Union of Soviet Socialist Republics and of the Republic of China.”

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2. The text of the draft terms of reference of the proposed Far Eastern Advisory Commission is as follows:

The Far Eastern Advisory Commission Terms of Reference

“I. Establishment

“The Governments of the . . . . . . . hereby establish a Far Eastern Advisory Commission composed of representatives of the Participating Powers.

“II. Functions

  • A. The Far Eastern Advisory Commission shall be responsible for making recommendations to the participating Governments:
    1.
    On the formulation of policies, principles and standards by which the fulfillment by Japan of its obligations under the instrument of surrender may be determined;
    2.
    On the steps necessary and on the machinery required to ensure the strict compliance by Japan with the provisions of the instrument of surrender.
    3.
    On such other matters as may be assigned to it by agreement of the participating governments.
  • “B. The Commission shall not make recommendations with regard to the conduct of military operations nor with regard to territorial adjustments.

“III. 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.

“IV. Composition

The Far Eastern Advisory Commission shall consist of one representative of each of the states party to this agreement. The membership of the Commission may be increased, as conditions warrant, by the addition of representatives of other United Nations in the Far East or having territories therein. Such United Nations as are not members of the Commission shall be invited to sit with the Commission when matters deemed by the Commission primarily to affect the interests of such nations are under consideration. In addition, 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.

“V. Location and Organization

The Far Eastern Advisory Commission shall have its headquarters in Washington. It may meet at other places as the occasion requires.

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

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

“VI. Termination

The Far Eastern Advisory Commission shall cease to function upon notification by one of the Four Allied Powers, the United States, the United Kingdom, China and the Soviet Union, of its desire to terminate the agreement creating the Commission. Prior to such termination the Commission shall transfer to any interim or permanent security organization of which the participating Governments are members those functions which may appropriately be transferred.”

3. Please report telegraphically when you have communicated the note.

Byrnes
  1. Similar telegrams sent to Chungking and Moscow as Nos. 1296 and 1881, respectively.
  2. Foreign Relations, 1943, vol. i, p. 755.