My telegram 13th August, D.1443, Japan-Draft Act of Surrender. [1]

His Majesty's United Kingdom Minister Washington reports that
coinciding with the receipt on 13th August of telegram containing
our C.O.S. amendments the State Department informed him that the
United States Government had now completed the Draft Act of
Surrender, in preparing which they had benefitted from the timely
delivery of our tentative Draft.

2. The State Department said however that the United States
Government were not in a position to consult their Allies about
the Act of Surrender. His Majesty's Minister pointed out that when
communicating tentative Draft he had (in accordance with
instructions repeated in my telegram 12th August D.1434 [2])
stressed the importance of His Majesty's Government in the United
Kingdom having opportunity to consult His Majesty's Governments in
the Dominions. His Majesty's Minister was then shown in strictest
confidence (but not given) the United States Draft text of which
is in my immediately following telegram. [3] The State Department
explained that the reason why the United States Government were
unwilling to enter into formal consultation with the United
Kingdom Government was that they did not intend to invite comments
of Soviet or Chinese Governments.

3. The State Department further explained that the reason why the
United States Draft contained no provision corresponding to
paragraph 5 of the United Kingdom Draft (my telegram 11th August
D.1431 [4]) was that the United States Government thought it right
not to diverge from the statement in their reply (my telegram 11th
August D.1429 [5]) to the Japanese peace offer that all orders
required to give effect to the surrender terms should issue from
the Supreme Allied Commander. The United States Government
considered that authority granted to the Supreme Commander under
their Act of Surrender would suffice to ensure that all necessary
subsidiary action was taken by the Japanese.

4. The State Department while adhering to the line that they could
not discuss the terms of their Draft or even communicate it
officially to us undertook to impart to the United States
authorities concerned suggestions in my telegram D.1443 and any
supplementary suggestions we might later wish to make. They
implied however that it was too late to incorporate amendments.

5. We are urgently examining the United States Draft.

6. As the United States Draft was shown on a strictly personal and
confidential basis special secrecy attaches to information in this
telegram and to the terms of the United States Draft and it is
most important that both should be treated with the utmost
discretion.