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

740.00119 P.W./10–2846

Memorandum by the State Department Member of the State–War–Navy Coordinating Committee (Hilldring) to the Secretary of the Committee (Moseley)⁵⁴

[Washington, December 10, 1946 (?).]

Subject: SWN–4857,⁵⁵ Restitution of Looted Property in Japan

The State Member, in reference to the SWN memorandum of October 28, 1946, considers that submission of the message from the Supreme Commander for the Allied Powers to the Far Eastern Commission for clarification is inadvisable, due to the fact that the problem of a limiting date as applied to restitution matters, was considered in the discussions in the Far Eastern Commission leading up to the issuance of FEC 011/12 (Serial Directive #57),⁵⁶ None of the dates suggested was generally acceptable, resulting in elimination of a limiting date as the only agreeable provision. It will be recognized that several other nations in the Far Eastern Commission have a vital interest in this question, and in view of previous acceptance of their point of view, it appears inappropriate for the United States Government to reintroduce the question.

Instead of submission to the Far Eastern Commission, it is recommended that the following message be approved for transmission to the Supreme Commander:

“U.S. Government fully aware of administrative difficulties in carrying out restitution policy in WCL 30315, because of absence of limiting date. Difference from previous SWNCC position in that respect due to grievances of other powers in FEC against Japan arising out of occupation of their territory prior to date contained in SWNCC policy. Disagreement on date in FEC resulted in impossibility of agreeing except by omitting date. Although requests for restitution must be accepted regardless of date of removal as long as Japs in actual occupation of territories in question at time of removal, FEC decision interpreted here as authorizing you to set reasonable standards respect establishment of title, location, and identification, including placement of burden of proof on claimant country, and refuse action on or reject claims which do not meet such standards.”

J. H. Hilldring

54. Received by SWNCC on January 6, 1947.
55. October 28, p. 587.
56. SWNCC in its SWN–5010, December 27, quoted SCAP’s message to the Joint Chiefs of Staff, replying to its serial 57, July 25, that, for the time being, “No action has been taken on pending claims enumerated in ourad C–66574”, October 23 (740.00119 P.W./12–2746).