FEC.8.

1. Reference FEC.5 paragraph 7. [1] The United Kingdom Delegation
informed us [5 November] [2] that the British Ambassador had been
instructed to make a protest to the State Department concerning
the United States statement under reference and to inform the
State Department of the United Kingdom sympathy for Dr. Evatt's
point of view. The State Department also to be informed that the
United Kingdom Government had been proceeding on assumption that
terms of reference would be discussed by a commission as a whole
though this would not preclude informal consultation between
delegations. Delegation was instructed to continue to follow this
line. With regard to the American proposal for an Allied Military
Council in Japan (see D.2033 [3] and FEC.6 [4]) United Kingdom
Cabinet still had this matter under consideration and had not
replied to the United Kingdom Delegation's suggestion that the
Commander of the British Commonwealth Force should be British
Commonwealth Representative.

2. The second meeting of the commission on 6th November dealt
entirely with matters of organisation and procedure. The Russians
were not present. It was agreed that despite the anomalous
situation (i.e. that terms of reference had not yet been agreed)
informal discussions could proceed without raising questions of
strict constitutional basis. Naggiar [5] nominated the United
States representative [6] as permanent president. As a result of
discussion it was agreed not to appoint a 'permanent' chairman as
membership might not yet be complete and terms of reference were
not yet settled. Also agreed to appoint a 'person' not a
'representative'. It followed from personal appointment that in
the absence of the chairman, his alternate representing the same
government would not necessarily deputise as chairman and
consequently one or more vice chairmen would be needed. General
McCoy was unanimously elected chairman in accordance with the
above. Nelson Johnson was elected secretary general on our
nomination. It was made clear that nomination of personnel to the
secretariat from all delegations would be welcomed. The general
feeling was that questions of organisation should be left to the
secretary general, Dr. Evatt making the point that secretary
general should have authority to expand the secretariat and that
anything tending to give it an international character should be
encouraged. No formal steps were taken concerning the secretariat
and for the present at least the basis is generally as indicated
in FEC.5. The chairman assured the delegates that the commission
would be provided with up to date information and it was stated
that directives and orders so far furnished comprised all
documents available to the United States Government. The draft
long-term agenda previously circulated was not discussed but it
was arranged that the secretary general and advisers should meet
and revise it for subsequent consideration by the commission. Dr.

Evatt took the opportunity to obtain the chairman's assent to the
view that any delegation might bring forward additional matters.

The commission was to meet on 7th November to obtain information
from General Hilldring of the Civil Affairs Division of the United
States War Department.

[matter omitted]