740.00119 Control (Japan)/12–2948: Airgram

The Acting Secretary of State to the Acting Political Adviser in Japan (Sebald)

confidential

A–180. Subject is Summary Steering Committee Meeting, December 14, 1948. Review of the Japanese Constitution (SC–326/3)—US [Page 943] Member proposed that draft consultative message be revised to include statement defining scope of information desired as that which “SCAP believes may be of assistance to the Commission in satisfying itself that this Constitution fulfills the terms of the Potsdam Declaration and other controlling documents”. US proposal objected to, particularly by Australian, Indian, Canadian and Netherlands members on grounds that message should be kept either in general terms or in terms which would include not only the criterion of whether or not the Constitution fulfilled the terms of the Potsdam Declaration, but also the criteria of how it had worked in practice and whether it expressed the free will of the Japanese people. US amendment defeated by vote of one in favor to five opposed. US proposal to change last phrase of message “its review” to “this review” accepted. In order to meet desire of UK, New Zealand and Australian members to make message read more courteously, following phrase inserted in second sentence after word “Commission”: “which would of course attach the utmost importance to the views of the Supreme Commander”. Paper as amended forwarded to Commission by vote of 10 in favor with 1 abstention (USSR).

Following papers also forwarded to Commission:

(1) Policy Toward Access to Japanese Technical and Scientific Information by Non-FEC Countries which have been at War with Japan (SC–315/5) by vote of 9 in favor with 2 abstentions (India and USSR); (2) Policy Towards Patents, Utility Models and Designs in Japan (SC–284/7) by vote of 7 in favor to 1 (USSR) opposed and 3 abstentions (China, France, Netherlands); (3) Recommendations Regarding Japanese-Owned Patents, Utility Models and Designs in Territories of Countries at War with Japan by vote of 5 (Canada, India, New Zealand, UK, US) to 1 (USSR) opposed with 5 abstentions.

Replacement of Lost Cultural Objects (SC–272/10) and Removal of Aircraft and Private Munitions Plants from Japan (SC–312) retained on agenda.

Lovett