431 Addison to Commonwealth Government

Cablegram D2177 LONDON, 3 December 1945, 11.12 p.m.

TOP SECRET

My telegram of to-day D No.2175 [1], Far Eastern Commission.

Tentative terms of reference proposed by the United States on 30th November. Begins-

1. Establishment Governments of (here insert the names of Governments originally proposed by the United States Government, plus India) hereby establish a Far Eastern Commission composed of representatives of participating Powers.

2. Functions A) Functions of Far Eastern Commission shall be:

(i) To formulate policies, principles and standards in conformity with which fulfilment by Japan of its obligations under instrument of surrender may be accomplished.

(ii) To review on the request of any member any directive issued to the Supreme Commander or any action taken by the Supreme Commander involving taking decisions within the jurisdiction of the Commission.

(iii) To consider such other matters as may be assigned to it by agreement between participating Governments.

B) Commission shall not make recommendations with regard to conduct of military operations, nor with regard to territorial adjustments.

C) Commission shall respect existing control machinery in Japan including the chain of command from the United States Government to the Supreme Commander, and Supreme Commander's Command of occupation forces; and Supreme Commander shall continue to act under directives which the United States has already sent to him unless and until the issuing authority shall have modified such directives in accordance with the Commission's recommendations.

3. Functions of the United States Government (i) The United States Government shall prepare directives in accordance with policy decisions of Commission and shall issue them to Supreme Commander through appropriate United States Government agency. The Supreme Commander shall be charged with implementation of directives which express policy decisions of Commission.

(ii) If Commission decides that any directive or action reviewed in accordance with Article 2(ii) should be modified, its decision shall be regarded as a policy decision.

(iii) Any directives dealing with fundamental changes in Japanese constitutional structure or in regime of occupation, will only be issued following prior consultation and agreement in Far Eastern Commission.

(iv) The United States Government may issue interim directives to the Supreme Commander pending action by the Commission whenever urgent matters arise not covered by policies already formulated by the Commission.

(v) All directives issued shall be filed with the Commission.

4. Other Methods of Consultation Establishment of Commission shall not preclude use of other methods of consultation on Far Eastern issues by participating Governments.

5. Composition (i) Far Eastern Commission shall consist of one representative of each of States party to this agreement. Membership of Commission may be increased by agreement between participating Powers as conditions warrant, by the addition of representatives of other United Nations in the Far East or having territories therein.

Commission shall provide for full and adequate consultations, as occasion may require, with representatives of United Nations not members of the Commission in regard to matters before the Commission which are of particular concern to such Nations.

(ii) The Commission may take action by less than unanimous vote provided action shall have concurrence of at least a majority of all representatives including representatives of the four following Powers: the United States, United Kingdom, U.S.S.R. and China.

6. Location and Organisation The Far Eastern Commission shall have its headquarters in Washington. It may meet at other places as occasion requires including Tokyo if and when it deems it desirable to do so. It may make such arrangements through the Chairman as may be practicable for consultation with the Supreme Commander for Allied Powers.

Each representative on the Commission may be accompanied by an appropriate staff comprising both civilian and military representation.

The Commission shall organise its Secretariat, appoint such committees as may be deemed advisable and otherwise perfect its organisation and procedure.

7. Termination The Far Eastern Commission shall cease to function when a decision to that effect is taken by concurrence of at least a majority of all representatives including representatives of the four following Powers: the United States, United Kingdom, U.S.S.R. and China. Prior to termination of its functions the Commission shall transfer to any interim or permanent security organisation to which participating Governments are members those functions which may appropriately be transferred.

Ends.

1 Dispatched 3 December. On file AA : A1066, P45/10/33/2.

[AA : A1066, P45/10/33/2]