Foreign Relations of the United States: Diplomatic Papers, 1945, The British Commonwealth, The Far East, Volume VI

740.00119 FEAC/10–145: Telegram

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

London, October 1, 1945—3 p.m.
[Received October 1—2:55 p.m.]

10185. For Acheson from Secretary Byrnes. The British Govt has now accepted our proposal for the establishment of the Far Eastern Commission and I suggest that invitations now be extended to Australia, Canada, France, Netherlands, New Zealand and Philippines to participate in the Commission.

You have seen the statement I made last night⁸ on the subject.

I have also agreed with Mr. Bevin that the text of the terms of reference of the Commission would not be published. I hope you will keep my agreement in that respect.

Please also inform the Governments of China and the USSR that the British Govt has asked that India be invited to which I have assented and ask the concurrence of those two Govts to this request.

For your own information I have agreed to Mr. Bevin’s request that the Commission may after assembling in Washington transfer its seat to Tokyo and that the Commission may at its initial meeting discuss its terms of reference on the basis of a revision of the terms as follows:

“Far Eastern Commission

I. Establishment. The Governments of the (here insert the names of the governments originally proposed by the US Government, plus India) 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 required to give full effect both on the part of Japan and as between the participating governments to the instrument of surrender. (2) To recommend to the participating governments the steps necessary and the machinery required for the above purpose. (3) To consider such other matters as may be assigned to it by agreement between the participating governments.

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

(c) The Commission shall be charged with the task of examining all proposed directives to the Supreme Commander for the Allied Powers on nonmilitary matters; and no such directive shall be issued to the Supreme Commander for the Allied Powers without its prior approval in accordance with the procedure laid down in clause IV (2) below.

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.

(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) In the absence of unanimity, the decisions, recommendations and acts of approval of the Commission shall be effective if adopted by a simple majority of the representatives present, provided that this majority includes the representatives of at least two of the powers party to the Potsdam Proclamation of July 26, 1945, namely; the United States, the United Kingdom, China and Soviet Russia.

V. Location and organization. The Far Eastern Commission shall initially have its headquarters in Washington. It may meet at other places as occasion requires, and may transfer its headquarters to Tokyo if and when it deems it desirable to do so. Pending such transfer it may make such arrangements as it thinks fit 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 or commissions as may be deemed advisable, and otherwise perfect its organization and procedure.

VI. Termination. The Far Eastern Commission shall cease to function when a decision to that effect is taken by a simple majority of the participating powers, including at least two of the powers party to the Potsdam Proclamation. Prior to the termination of its functions 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.”

Byrnes

8. For statement issued at London, September 29, see Department’s press release October 1, Department of State Bulletin, October 7, 1945, p. 545. The statement was sent to the Department in telegram 10173, September 29 (740.00119 Council/9–2945).