280 Addison to Chifley

Cablegram D1840 LONDON, 30 September 1945, 10.30 p.m.

TOP SECRET AND PERSONAL

My immediately preceding telegram. [1] CONTROL OF JAPAN.

Draft amended terms of reference for Far Eastern Commission.

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

II. Functions.

A. The functions of the Far Eastern Commission shall be:-

(1) To formulate policies, principles and standards required to give full effect, both on the part of Japan and as between participating Governments, to the instrument of surrender;

(2) To recommend to participating Governments, steps necessary and machinery required for the above purpose;

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

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

C. The Commission shall be charged with the task of examining all proposed directives to the Supreme Commander for Allied Powers on non-military matters, and no such directive shall be issued to the Supreme Commander for Allied Powers without its prior approval in accordance with the procedure laid down in Clause IV (2) below.

III. Other methods of consultation. Establishment of the Commission shall not preclude the use of other methods of consultation on Far Eastern issues by participating Governments.

IV. Composition.

(1) The Far Eastern Commission shall consist of one representative of each of the States party to this agreement. Membership of the Commission may be increased by agreement between the participating powers as conditions warrant by addition of representatives of other United Nations in the Far East or having territories therein. The Commission shall provide for full and adequate consultations as the occasion may require with representatives of the United Nations not members of the Commission in regard to matters before the Commission which are of particular concern to such Nations. (2) In the absence of unanimity, decisions, recommendations and acts of approval [of] the Commission shall be effective if adopted by a simple majority of the representatives present provided that this majority includes the representatives of at least two of the Powers party to the Potsdam proclamation of 26th July, 1945, namely United States, United Kingdom, China and Soviet Russia.

V. Location and Organisation. The Far Eastern Commission shall initially have its headquarters in Washington. It may meet at other places as occasion requires and may transfer its headquarters to Tokyo if and when it deems it desirable to do so.

Pending such transfer it may make such arrangements as it thinks fit 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 or commission as may be deemed advisable, and otherwise perfect its organisation and procedure.

VI. Termination. The Far Eastern Commission shall cease to function when a decision to that effect is taken by a simple majority of participating powers including at least two of the Powers party to the Potsdam proclamation. Prior to termination of its functions, the Commission shall transfer to any interim or permanent security organisation, of which the participating Governments are members, those functions which may appropriately be transferred.

1 Document 279.

[AA : A1066, P45/10/33/1]