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

740.00116 PW/10–1546

Memorandum by the Legal Adviser (Fahy) to Miss Katherine B. Fite, Assistant to the Legal Adviser

top secret

[Washington,] October 15, 1946.

Miss Fite: As to the two questions asked in your memorandum of October 11, 1946,¹⁸ I would say as follows:

1. I have no definite view about whether or not the matter¹⁹ should await the sentence of the tribunal. I lean towards raising it in the interim so as to begin the process of reaching a conclusion.

2. If the property of one accused, but who died before completion of trial, is not property as to which it is claimed acquisition was unlawful or inconsistent with occupation policy directives, it should be in my opinion returned to the legal heirs. If it was acquired unlawfully or in a manner inconsistent with any existing occupation policy directive, the death should not prevent its forfeiture or other treatment under such policy. I cannot be more definite because I do not know whether or not there is in effect under occupation policy in Japan anything like the denazification law in Germany affecting property.

Charles Fahy

18. Not printed.
19. Disposition of property of persons (war criminals) who die before completion of trial and of convicted persons (war criminals) to be presented through SWNCC to the Far Eastern Commission for policy determination.