Office of the Historian

740.00119 FEAC/12–145: Telegram

The Secretary of State to the Ambassador in the Soviet Union (Harriman)
Washington, December 1, 1945—6 p.m.

2434. There follows the text of the tentative terms of reference of the Far Eastern Commission, referred to in my telegram No. 2432.

“I. Establishment.

The Governments of the (here insert the names of the governments originally proposed by the U.S. Government, plus India) hereby establish [Page 875] 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 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 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; and the Supreme Commander shall continue to act under directives which the United States has already sent to him, unless and until the issuing authority shall have modified such directives in accordance with the Commission’s recommendations.

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.
Any directives dealing with fundamental changes in Japanese constitutional structure, or in the regime of occupation, will only be issued following prior consultation and agreement in the Far Eastern Commission.
4.
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.
5.
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 [Page 876] 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.”

Byrnes