740.00119 Control (Japan)/5–1348
Memorandum of Conversation, by Mr. Hugh Borton, Special Assistant to the Director of Far Eastern Affairs (Butterworth)
| Participants: | Mr. G. R. Powles, Counselor, Legation of New Zealand |
| Mr. Hugh Borton, FE |
Mr. Powles called at his own request to discuss the latest U.S. proposal, FEC 300/7. He stated that he had not yet requested instructions on this paper but would suggest a revision in paragraph 1 as follows: “The capacity in which members of SCAP’s staff attend such conferences shall be in accordance with the terms of the invitation decision of the conference concerned.” He said he suggested this change in view of the fact that the inviting nation could not bind the conference in any case as to the form SCAP’s attendance should take. I replied that I would make inquiries in the Department concerning this suggestion. He reiterated the fact that this was only his personal suggestion but I got the impression that he felt his Government might accept our formula with this revision.
Mr. Powles proposed, on instructions from his Government, that the following paragraph be inserted in the paper: “SCAP should, however, inform the FEC immediately such an invitation is received and if prior to the opening of the conference the FEC decides attendance of members of SCAP’s staff at the conference is undesirable, such members should not attend.” I told Mr. Powles that I was certain that this suggestion would not be acceptable to the United States Government.
Finally, Mr. Powles noted that the paper said nothing about representation of the Japanese Government to which I replied we had purposely omitted that question as we thought it could be met at a later time. He answered, however, that his Government was anxious to have a statement which would prohibit representation of the Japanese Government prior to the peace treaty. When I said we could not tell how events might develop and such policy might be extremely unwise and too binding, he suggested the following: “If SCAP considers it necessary for the Japanese Government to be represented at Inter-Governmental Conferences the Far Eastern Commission should be [Page 756] consulted on the matter.” He pointed out that by a formula similar to this the United States would still be in a position to issue an interim directive on the matter if necessary.
Interim Directives
Mr. Powles then stated that he will be raising officially with the Department in the near future the whole question of interim directives. He stated that his Government would feel much more sanguine about many of the steps which SCAP is taking if they were done as a result of interim directives as there would then be a firmer legal basis for such action than that which exists under our interpretation of SCAP’s “executive authority”. With, as he described it, the Allied Council for Japan having no real value, New Zealand’s contact with the occupation of Japan is through the FEC and hence they feel it important to have interim directives which enables them to keep in touch with developments in Japan. I told him we would be glad to receive their views on this matter.