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6 Minter to Makin

Letter CANBERRA, 3 January 1946


I have the honor to refer to my note of October 8,1945 [1] and,
acting under instructions from my Government, to extend to the
Government of Australia on behalf of the Governments of the United
States of America, the Union of Soviet Socialist Republics, the
United Kingdom, and China an invitation to participate in the Far
Eastern Commission [2] on the basis of the following terms of
reference:
1. Establishment of the Commission.
A Far Eastern Commission is hereby established composed of the
representatives of the Union of Soviet Socialist Republics, United
Kingdom, China, France, The Netherlands, Canada, Australia, New
Zealand, India and The Philippine Commonwealth. [3] 2. Functions
A. The functions of the Far Eastern Commission shall be:
(1) To formulate the policies, principles and standards in
conformity with which the fulfilment by Japan of its obligations
under the terms of surrender may be accomplished.
(2) To review on the request of any member any directive issued to
the Supreme Commander for the Allied Powers or any action taken by
the Supreme Commander involving policy decisions within the
jurisdiction of the Commission.
(3) To consider such other matters as may be assigned to it by
agreement among the participating governments, reached in
accordance with the voting procedure provided for in Article 5 (2)
hereunder.
B. The Commission shall not make recommendations with regard to
the conduct of military operations, nor with regard to territorial
adjustments.
C. The Commission in its activities will proceed from the fact
that there has been formed an Allied Council for Japan and will
respect existing control machinery in Japan, including the chain
of command from the United States Government to the Supreme
Commander and the Supreme Commander's command of occupation
forces.
3. Functions of the United States Government.
(1) The United States Government shall prepare directives in
accordance with policy decisions of the Commission and shall
transmit them to the Supreme Commander through the appropriate
United States Government agency. The Supreme Commander shall be
charged with the implementation of the directives which express
the policy decisions of the Commission.
(2) If the Commission decides that any directive or action
reviewed in accordance with Article 2.A (2) should be modified its
decisions shall be regarded as a policy decision.
(3) 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 provided that any directive dealing with
fundamental changes in the Japanese constitutional structure or in
the regime of control or dealing with a change in the Japanese
government as a whole will be issued only following consultation
and following the attainment of agreement in the Far Eastern
Commission.
(4) All directives issued shall be filed with the Commission.
4. Other methods of consultation.
The establishment of the Commission shall not preclude the use of
other methods of consultation on Far Eastern issues by the
participating governments.
5. Composition.
(1) The Far Eastern Commission shall consist of one representative
of each of the states being party to this agreement. The
membership of the Commission may be increased by agreement among
the participating powers as conditions warrant by the 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 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) The Commission may take action by less than unanimous vote
provided that action shall have the concurrence of at least a
majority of all the representatives including representatives of
the four following powers: United States, United Kingdom, Union of
Soviet Socialist Republics, and China.
6. Location and organization.
(1) 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 the Allied Powers.
(2) Each representative on the Commission may be accompanied by an
appropriate staff comprising both civilian and military
representation.
(3) The Commission shall organize its Secretariat, appoint such
committees as may be deemed advisable and otherwise perfect its
organization and procedure.
7. Termination.
The Far Eastern Commission shall cease to function when a decision
to that effect is taken by the concurrence of at least a majority
of all representatives including the representatives of the four
following powers United States, United Kingdom, Union of Soviet
Socialist Republics, and China. Prior to the termination of its
functions the Commission shall transfer to any interim or
permanent security organization of which the participating
governments are members, those functions which may appropriately
be transferred.

JOHN R. MINTER



1 Volume VIII, Document 298.
2 On 9 January, the U.S. Legation informed the External Affairs
Dept that in the view of the U.S. Govt the Far Eastern Commission
succeeded the Far Eastern Advisory Commission on 27 December 1945,
the date of the Moscow Communique and that no formal procedures
were necessary to implement the succession.
3 The United States seems to have been inadvertently omitted from
this copy.




[AA:A1838/2, 483/1/7]

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