740.00119 PW/3–2348
The Joint Chiefs of
Staff to General of the Army Douglas Mac Arthur
1
confidential
Washington, 17 March 1948.
Serial No. 90
Interim Directive Regarding Restitution of
Looted Property
The following interim directive, Serial Number 90, prepared by the
State Department in accordance with paragraph III, 3 of the terms of
reference of the Far Eastern Commission, has been received from the
State, Army, Navy, and Air Force Departments for transmission to you
for your information and guidance:
- “1. The instructions here below are additions to and
do not derogate from the full force and effect of FEC 011/12 (JCS Directive Number
57).2
- “2. The SCAP should
accord the same treatment to all property found in
Japan, and identified as having been located in an
allied country either at or during the time of
occupation, and which was removed therefrom by fraud or
duress by the Japanese or their agents, as that which he
accords to objects in the 4 categories listed in
paragraph
[Page 960]
1 of
FEC 011/12 (JCS Directive Number 57)
identified as having been located in an allied country
at the time of occupation.
- “3. In the case of allied vessels subject to
restitution the SCAP
may, at his discretion, make delivery at Western Pacific
points outside Japan whenever it would be to his
advantage and whenever the recipient country agrees. If
delivery is so made any costs of supporting and
repatriating ships crews used for such delivery would
only be borne by the recipient country if it
specifically agrees to do so. In the case of delivery of
other items of looted property unutilized outgoing
shipping space of Japanese vessels being employed in the
importation of goods or repatriation of Japanese from a
restitution recipient country to Japan may be made
available, at the expense of the Japanese Government but
at the risk of the recipient country, to deliver such
items at points outside Japan.
- “4. After full opportunities have been given for
inspection of objects known to have been looted the
Supreme Commander for the Allied Powers is authorized to
liquidate property, excepting gold, silver, precious
metals, and cultural objects, known to have been looted
but not identified pursuant to the terms of this paper.
The proceeds of such liquidation shall form a secured
fund to be entrusted to the care of SCAP, which may be used,
in the discretion of SCAP, for the purposes of the occupation.
The initial value of the secured fund is to be preserved
by SCAP or his
successor authority. The Governments of Australia,
China, France, India, Netherlands, Philippines, and U.K.
should have a priority right to purchase items offered
for liquidation by foreign exchange acceptable to SCAP up to but not
exceeding their recognized national reparations
percentage shares (when determined, and adjusted to
total 100 per cent, applicable to this fund) of
industrial assets available from within Japan. The
secured fund should finally be distributed among the
countries herein specified in accordance with the
percentage mentioned above, payable in U.S. dollars, or,
at the discretion of SCAP, in foreign exchange acceptable to the
recipient countries concerned. The secured fund shall be
distributed to the recipient countries not later than 1
October 1949.
- “5. The Supreme Commander for the Allied Powers shall
create an agency comprising one representative from each
of the restitution and reparations teams in Japan of the
eleven member countries of the Far Eastern Commission,
who desire to participate, to advise on restitution
matters. In addition, the Supreme Commander or his
deputy should act as the non-voting chairman of the
agency. It may meet at the call of the Supreme Commander
or at the request of any member. The Supreme Commander
should notify the United States Government of the views
of the agency when his views conflict with those of the
majority of the member countries.
- “6. In cases of doubt as to the adequacy of the
evidence of ownership submitted to support a claim for
an object known to have been looted, the Supreme
Commander shall inform the other members of the advisory
agency of the existence of the claim. The advisory
agency, after examining the evidence, shall give its
advice to the Supreme Commander as to whether the claim
should be approved or the provisions of paragraph 4
above applied.
- “7. No claims for the restitution of looted property
should be lodged with SCAP after 8 months from the issuance of
this directive to
[Page 961]
SCAP; provided that
after such terminal date, claims may, with the
concurrence of SCAP, be
lodged for property known to have been looted but not
previously identified.”