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

741.92/3–746

The British Embassy to the Department of State

Aide-Mémoire

His Majesty’s Government in the United Kingdom have been considering suggestions made by the Siamese Government for the modification or abandonment of some of the clauses in the Military Annex to the Heads of Agreement which were accepted on behalf of the Siamese Government by Prince Viwat²¹ in an Exchange of Letters with Mr. Dening²² at Singapore on the 1st January, 1946. They have also considered suggestions made informally by the State Department as to the manner in which the terms of the Military Annex should be given effect.

2. His Majesty’s Government contemplated that the matters covered by the Military Annex would eventually be embodied in a Military Annex No. 2 to be made by the Supreme Allied Commander South East Asia²³ with Siam. They are now prepared to incorporate revised provisions of the Military Annex in an Exchange of Notes between the Siamese Minister for Foreign Affairs²⁴ and His Majesty’s Legation in Bangkok. An exception to this procedure will be made, in deference to the wishes of the Siamese Prime Minister, in respect of clause 6(b) of the Military Annex which will be dealt with by a Memorandum from the Siamese Prime Minister which he will submit to the Siamese Assembly. The terms which will be embodied in the Exchange of Notes and Memorandum are those included in the attached revised version of the Military Annex.

3. His Majesty’s Government have reason to think that this procedure will be more agreeable to the United States Government than the conclusion of an Allied Military Agreement. They hope that if the United States Government wish to offer any comment on the procedure now proposed they will be able to do so in the next few days as they wish Mr. Bird to inform the Siamese Prime Minister of it on the 11th March.

Washington, March 7, 1946.

[Annex]

Revised Military Annex

The Siamese Government shall agree:

1. To accept responsibility for safeguarding and maintaining Allied property, rights and interests of all kinds in Siam, with a view to their ultimate restitution or to the payment of appropriate compensation for loss or damage on terms to be negotiated between the Siamese Government and the Allied Government concerned.

2. To desequestrate Allied banking and commercial concerns and permit them to resume business.

3. To hold all Japanese (and other enemy) property at the disposal of the Allies.

4. To cooperate in the apprehension and trial of persons accused of war crimes or notable for affording active assistance to Japan.

5. To hand over to the Allied military authorities all alleged renegades of Allied nationality.

6. For so long as may be necessary for the conclusion of all matters of military concern to the Allies, until the evacuation of Japanese forces from Siam has been completed:

(a) To provide free of cost all other supplies and services for use in Siam and all Siamese currency that may be required by the Allied military authorities.

(b) To negotiate an agreement granting judicial and other immunities for Allied forces in Siam, similar to such agreements as have already been concluded by the Allies with one another.

7. To control banks and businesses, foreign exchange and foreign commercial and financial transactions in agreement with the Allies, for so long as may be necessary for the conclusion of matters of military, economic and financial concern to the Allies arising out of the war with Japan.²⁵

21. Head of the Siamese delegation negotiating with the British.
22. Maberly E. Dening, British Chief Political Advisor to SACSEA.
23. Adm. Lord Louis Mountbatten.
24. Mom Rajawongse Seni Pramoj.
25. In an aide-mémoire of March 8, the Department informed the British Embassy that it “considers that under existing circumstances the proposed procedure is to be preferred to the conclusion of a second Allied Military Agreement”. The communication pointed out further “that as now drafted Point 1 would permit the settlement of claims which the several Allies may have against Siam on different terms resulting in possible inequality of treatment.… In order to prevent possible inequality of treatment of claims submitted by the several Allies, the Department would suggest that there be inserted at the end of Point 1 of the revised Military Annex the phrase ‘in accordance with principles established by an Allied Claims Commission on which His Majesty’s Government is represented’.” (741.92/3–746)