740.00119 PW/1–1347
Memorandum by Mr. Rufus Burr Smith of the Division of Japanese and Korean Economic Affairs to the Chief of the Division ( Martin )
[
Washington
,] January 13, 1947.
Subject: Nations to be invited to submit reparations claims.
The attached list contains the names of all nations to whom invitations should be submitted and the date on which their belligerency began.
The following general principles underlie the above list:
- (a)
- Belligerents (including those countries actually at war with Japan and those which had declared a state of belligerency) to submit claims only for their period of actual belligerency.
- (b)
- No invitation to be submitted to neutrals to be reimbursed for any damages from Japanese assets located within their borders prior to the transferring of such assets to Allied countries (settlement identical to that in Germany).
- (c)
- Nations which severed diplomatic relations but did not declare war, or where a state of belligerency did not exist, are not to receive invitations. This excludes Denmark and Colombia.
The following specific problems have been considered:
- (a)
- France: The high points of French relations with Japan for
purposes of determining a date of actual belligerency appear to
be as follows:
- 1.
- 2/8/41—Declaration of war by the Free French.
- 2.
- 4/21/44—Statement by de Gaulle that the French were participating in the Pacific War.
- 3.
- October 1944—Recognition of the French Provisional Government by the U.S. Since U.S. did not recognize the de Gaulle government as a government of France in control of French Indo-China prior to October 1944, no legal basis exists considering France to be at war with Japan prior to that time. It is therefore suggested that October 1944 be taken as a legal date of actual French belligerency with Japan.
- (b)
- It is suggested that Italian claims to Japanese reparations be given the same treatment as in the German war; namely, that Italy be permitted to retain Japanese assets within her own borders but that no additional claims be considered. This date [sic] places Italy on the same basis as Siam.
- (c)
- Outer Mongolia: Since the U.S. recognizes neither the independence nor the government of Outer Mongolia, no invitation should be issued to it.
- (d)
- Ukrainian SSR and Byelo-Russia: The Soviet grant of authority to these countries in the field of foreign relations was limited to negotiations with “neighboring states”. Therefore it does not appear that an invitation should be given to these countries.
- The last three countries were added to the list in handwriting. No dates were given for the U.S.S.R. and the U.S.A.↩