Foreign Relations of the United States, 1946, The Far East, Volume VIII

740.00119 PW/6–646

Memorandum by the State Department Member of the State–War–Navy Coordinating Committee (Hilldring) to the Committee

[Washington,] 6 June 1946.

Subject: Directive Regarding Aliens in Japan.

There is enclosed a draft directive prepared on the basis of a policy decision¹¹ (also enclosed) unanimously approved at the fourteenth meeting of the Far Eastern Commission on 5 June 1946, under the provisions of paragraph II, A, 1, of its terms of reference.

It is requested that the enclosed directive be forwarded to the Joint Chiefs of Staff for transmission, if the directive in their opinion satisfactorily expresses the policy decision of the Far Eastern Commission, to General MacArthur for his guidance in accordance with paragraph III, 1 of the terms of reference of the Commission.¹²

J. H. Hilldring

[Annex]

Draft Directive for General of the Army Douglas MacArthur Regarding Aliens in Japan

1. The major policies in regard to aliens in Japan including Formosan-Chinese and Koreans are that:

a. Aliens should be allowed, if they so desire, to leave Japan as early as possible, except such persons who are held as war criminals or for security reasons; and

b. Subject to your general control the Japanese authorities should be held responsible for the care, safety, and welfare of such persons and for their transportation to ports of embarkation.

2. To carry out these policies, you shall take the following steps:

a. Neutral Nationals.

All nationals of neutral nations should be required to register with the appropriate military authorities and their respective governments should be notified as to the location and status of these persons. All nationals of neutral nations who have actively participated in any way in the war against one of the United Nations should be arrested for disposition in conformity with other instructions. Neutral nationals should be accorded no special privileges of communications or business relations with their home countries or people resident outside Japan. The persons, archives, and property of diplomatic and consular officials of neutrals should be accorded full protection.

b. United Nations Nationals.

(1) Civilians who are nationals of the United Nations should be, except as noted below, repatriated, if they so desire upon the concurrence of the government concerned. All such civilians resident or interned in Japan should be identified, examined closely and, if you deem it advisable, placed in custody or restricted residence. You shall inform the representatives of the nationals’ government of the reasons for the arrest or restricted residence of those nationals and consult with them concerning future treatment of such persons. Any such person who has played an active part in the formulation or execution of the Japanese program of aggression or who is believed to be desired by his government as a renegade or quisling should be held for disposition in accordance with applicable directives.

(2) Persons of Japanese race claiming citizenship of any other United Nation should be repatriated only upon concurrence of the government of such nation.

c. Stateless persons.

Central European refugees from Nazi oppression and Italian non-Fascists should be assimilated in treatment to United Nations nationals, providing such persons have not supported the Axis cause.

d. Responsibilities of the Japanese Authorities.

Measures should be taken on behalf of United Nations nationals and neutrals to insure the health, welfare and transportation to a port from which they may embark for transoceanic destinations, and should, in so far as practicable, be the responsibility of the Japanese Government. Any deficiencies resulting in the carrying out of these measures in respect to United Nations nationals shall be supplied by you and the cost thereof should be charged to the Japanese Government. Repatriation from such a port should be provided in accordance with appropriate arrangements between the governments concerned.

e. Political, Racial and Religious Prisoners.

Prisoners of non-Japanese nationality found held by the Japanese should be examined for identification and their records reviewed for determination of the cause of detention. All those found to be detained solely on political, racial or religious grounds, should be released except those whom you decide to hold for security reasons. Those detained should be given prompt trial.

f. Non-Japanese Nationals of the Countries which are or have been at war with the United Nations in the Second World War.

(1) All nationals of countries except Japan with which any of the United Nations are or have been at war in the Second World War (Bulgaria, Finland, Germany, Hungary, Italy, Rumania and Siam) should be identified and registered and may be interned or their activities curtailed as may be necessary under the circumstances. Diplomatic and consular officials of such countries except those identified as loyal to the cause of the United Nations should be taken into honorable custody, held for investigation, and thereafter repatriated in accordance with the provisions of subparagraphs (2), (3), (4) and (5) below.

Property, real and personal, owned or controlled by persons who have been detained or arrested under the provisions of the foregoing paragraph should be taken under control pending directions as to its eventual disposition.

(2) Those non-Japanese enemy nationals who were known as agents or propagandists of Nazism and Fascism (including research experts and students, scientifically skilled persons, persons holding administrative posts in commerce or government and all those who sought repatriation to enemy countries during the period of hostilities) should be interned and, after confirmation and agreement by the appropriate authorities in their home countries, repatriated.

(3) Those non-Japanese enemy nationals not subject to internment and repatriation should be given their freedom unless internment is necessary for their protection.

(4) The voluntary repatriation of enemy or ex-enemy nationals of non-Japanese nationality not subject to forceable repatriation should be permitted.

(5) Transportation to a port of embarkation for transoceanic destination should be at the expense of Japan and repatriation therefrom should be provided in accordance with appropriate arrangements between the governments concerned.

g. Formosan-Chinese and Koreans.

(1) You shall treat Formosan-Chinese and Koreans as liberated people in so far as military security permits. They are not included in the term “Japanese” as used in this paper but they have been Japanese subjects and may be treated, in case of necessity as enemy nationals. They should be identified as to nationality, place of residence and present location. They may be repatriated if they so desire under such regulations as you may establish. However, priority will be given to the repatriation of nationals of the United Nations.

If you find it necessary, you shall direct the repatriation of Formosan-Chinese and Koreans and coordinate such repatriation with the repatriation of Japanese nationals from Korea and Formosa.

(2) Arrangements for the repatriation of Formosan-Chinese should be made with the government of China by the United States Government.

(3) Pending completion of arrangements for the repatriation of Koreans formerly resident in Korea north of 38° North Latitude, between the Soviet Union and the United States, you may, if you find it necessary, repatriate such Koreans to that part of Korea south of 38° North Latitude.

(4) When arrangements have been entered into as indicated in subparagraphs (2) and (3) above, and subject to such arrangements, you shall permit voluntary repatriation of Formosan-Chinese and Koreans and may direct their repatriation if you deem such action necessary. Priority, however, should be given to the repatriation of nationals of the United Nations.

(5) Formosan-Chinese and Koreans should be protected from hostile Japanese elements. You shall insure that the Japanese authorities make adequate provision in fact for the care, safety and welfare of Formosan-Chinese and Koreans pending their repatriation.

h. Protection of Property.

(1) Within such limits as are imposed by the military situation, you shall take all reasonable steps necessary to preserve and protect the property of United Nations Nationals in Japan.

(2) Record of wages, bank deposits and ownership of securities and other personal property of all aliens should be preserved.

i. Return to Homes in Japan.

Aliens having homes in Japan and not held as war criminals or for security reasons, should be permitted to return to their homes as soon as conditions permit.

j. Use of UNRRA and Voluntary Agencies.

UNRRA and private relief agencies may be used at your discretion wherever available in the care and repatriation of United Nations nationals and those assimilated to them in treatment.

11. FEC–034/1, not printed.
12. Forwarded by SWNCC to the Joint Chiefs of Staff on June 8; sent as serial 51, June 11, to SCAP: and copy sent to the Far Eastern Commission on June 20.