740.00119 FEAC/5–649: Telegram

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

confidential

188. Subj is Summary Steering Comite Mtg, May 3, 1949.

Review of the Jap Constitution ( SC–326/24)

US Member stated it was position his Govt that under existing conditions it is inadvisable to recommend at present any amendment to Jap constitution. However, US quite agreeable have views of majority of FEC sent to SCAP and wishes interpose no objections such a course. Understanding of US that paper taken as whole, on passage, will not represent action by FEC in sense of being a formulation of policy or requiring preparation of directive to SCAP. Understanding of US that paper is simply message from FEC to SCAP which US Govt agrees transmit through usual channels. Para 1 of FEC 326/28, Position of Aliens under Constitution approved by vote 8 favor, 3 abstentions (India, USSR, US). Para 2, Power of Supreme Court in Constitutional Matters, approved by vote 5 favor (Austral, Canad, Chi, Fr, NZ) 1 opposed (US), 5 abstentions (India, Neth, Phil, USSR and UK). Re this point US Member stated view his Govt that Jap constitution adequately clear as now stands. Para 3, Dissolution of House of Representatives, approved by vote 5 favor (Austral, Canad, Chi, Fr, UK), 6 abstentions. Paper forwarded Comm.

[Page 729]

Fishing and Aquatic Industries in Jap ( SC–271/10)

Canad Member revised amendment to Para 2 b as follows: “If such expansion will involve an area in which any member country of the FEC has a direct concern in respect to fishing or other commercial aquatic activities, prior authorization shall be obtained by SCAP from such country.” This amendment accepted by vote 9 favor, 2 abstentions (Austral, USSR). Chi, NZ, Canad and Neth members stated was their understanding SCAP will inform member countries of the FEC before any expansion takes place and then countries have opportunity inform him as to whether they have direct concern.

US Member stated his Govt cld accept paper if last sentence Para 2b deleted and if Para 6 deleted, including negative vote on UK amendment. US Member stated Para 6 unnecessary and re UK amendment SCAP quite cognizant of situation and dealing with it adequately. USSR Member indicated while opposed Para 6, they were not opposed to UK amendment.

Re US proposal to delete last sentence Para 2b, Indian, Fr, and UK members stated it was their understanding if member country of FEC states that a particular area of direct concern to it, that is a question of fact which SCAP will not be able dispute. US Member stated he had no instructions on this matter. Further discussion postponed.

Jap Assets in Neutral Countries ( SC 295/6)

Retained on agenda.

Labor Policy in Jap ( SC 318/17)

USSR Member reiterated views that revised Public Service Law and Public Corporations Labor Relations Law and that new drafts for revision labor laws are in contradiction to Potsdam Declaration and FEC policy decisions FEC 014/91 and FEC 045/5.2

No other comments.

Replacement of Lost Cultural Objects ( SC 272/12)

US Member stated he had no instructions yet on Chi query.

Removal of Aircraft and Private Munitions Plants from Japan ( SC 312)

Retained on agenda.

Acheson
  1. June 19, 1947; Department of State publication 2888, Activities of the Far Eastern Commission, p. 49.
  2. December 6, 1946; ibid., p. 91.