SWNCC
272 Series
Memorandum by the State–War–Navy Coordinating
Subcommittee for the Far East28
secret
SWNCC 272/1
[Washington,] 11 March 1946.
Sovereignty of Formosa
1. The State–War–Navy Coordinating Subcommittee for the Far East has
considered the cable from the Commanding General, U.S. Forces, China
Theater, presented in SWNCC
272/D,29 and recommends that the following action be taken:
- a.
- Upon approval by the SWNCC
of the cable in the Appendix, the cable be forwarded to the
JCS for transmittal to the
Commanding
[Page 175]
General,
U.S. Forces, China Theater, subject to their comments from a
military point of view;
- b.
- Upon notification by the JCS
that the cable in the Appendix has been dispatched to the
Commanding General, U. S. Forces, China Theater, the cable be
forwarded by SWNCC to the
State Department for appropriate action.
[Annex]
Draft Message to Commanding General, United
States Forces, China Theater, Shanghai, China
secret
(Reference, Cfbx 2336230)
- 1.
- a. The Cairo Declaration of December 1,
1943, provides that “Formosa … shall be restored to the Republic
of China”.
- b. The Potsdam Declaration of July 26,
1945, provides in paragraph 8:
“The terms of the Cairo Declaration shall be carried out
and Japanese sovereignty shall be limited to the islands
of Honshu, Hokkaido, Kyushu, Shikoku, and such minor
islands as we determine”.
- c. The first paragraph of the
Instrument of Surrender of September 2, 1945, reads:
“We, acting by command of and in behalf of the Emperor of
Japan, the Japanese Government, and the Japanese
Imperial General Headquarters, hereby accept the
provisions set forth in the declaration issued by the
heads of the Governments of the United States, China and
Great Britain on 26 July 1945, at Potsdam, and
subsequently adhered to by the Union of Soviet Socialist
Republics, which four powers are hereafter referred to
as the Allied Powers.”
- d. In view of the foregoing, it would
appear that Japan has lost sovereignty over Formosa.
- e. By virtue of the assumption and
exercise of governmental authority by the Republic of China in
Formosa pursuant to the Cairo Declaration and the signature of
the representatives of the governments of China and Japan, the
State Department considers that Formosa has been restored to the
Republic of China but that this transfer may eventually have to
be formalized by appropriate treaty arrangements.
- 2.
- The position of the United States in regard to Japanese assets
located in Chinese territory formerly occupied by the Japanese
was communicated to the American Embassy at Chungking in a
telegram dated September 25, 1945.31 It was stated that, provided
provision is made for subsistence of Japanese nationals pending
repatriation
[Page 176]
and for
financing from such assets expenditures directly related to the
repatriation or resettlement of Japanese nationals or other
displaced persons in China and provided United Nations’
interests which may have been co-mingled with Japanese
properties are not confiscated, the United States Government had
no objection to Chinese action confiscating on behalf of the
Chinese Government Japanese private and public property
physically located in Chinese territory formerly occupied by the
Japanese which would return to Chinese jurisdiction; that at the
time of final settlement of reparations the United States
Government would assume the position that Japanese assets
confiscated by China should be credited against the Chinese
Government’s reparation claims; and that, therefore, account
should be kept of the value of the property so
confiscated.
- 3.
- In view of the legal opinions expressed in paragraph 1 above,
the position of the United States outlined in paragraph 2 above
is held to be applicable to Formosa as well as other Chinese
territory formerly occupied by the Japanese which has now
returned to Chinese control.
- 4.
- Above is for your information. The disposition by the Chinese
of Japanese property in Formosa and the national status of
residents of Formosa (as distinguished from the operational task
of repatriation of Japanese) are considered to be political
matters which may best be handled through normal diplomatic
channels. This statement is therefore being forwarded by the
State Department to the U.S. Embassy in Chungking for
appropriate action in consultation with you.
- 5.
- Repatriation procedure outlined in second paragraph your Cfbx
23362 approved.
